Open jails primarily aim at rehabilitating and reintegrating inmates into
society, offering enhanced freedom and employment opportunities. They not only
help reduce recidivism, mental health problem, suicide/death and overcrowding in
jails but also bring down the expenditure on prisoners considerably. However,
only a mere 0.78% of the massive prison population consisting of 5,73,220
individuals, actually reside in open jails in India pointing out the urgent need
of establishing more open jails in the country along with making the process of
transfer of prisoners to open jails more transparent, flexible and liberal by
amending the existing colonial rules and regulations.
Though there are 23,772
female prisoners in the country, only four states of India viz. Maharashtra (66
prisoners), Kerala (08 prisoners), Rajasthan (53 prisoners) and Jharkhand (05
prisoners) have open jails for women. Rest of the 24 states and 08 union
territories have no open jail for women prisoners. This analysis, drawing from
existing data and over four years of personal experience in the Prison
department, aims to deeply comprehend India's open prison system particularly
with respect to female prisoners, some of whom live with their children,
suggesting potential improvements within the existing prison system.
Though the
total budget for the financial year 2022-23 for all prisons in the country has
increased to Rs. 8725.0 Crore in 2022-23 from Rs. 7619.2 Crore in 2021-2022, the
scarcity of open jails persists seeking display of a strong administrative will.
Introduction:
Open Jails adopt an innovative approach to incarceration, prioritizing
rehabilitation and societal reintegration. In contrast to traditional closed
prisons, they provide inmates with increased freedom and employment
opportunities, often allowing them to work beyond prison confines. Focused on
fostering accountability and self-governance, these facilities emphasize
developing essential life skills through communal living and vocational
training.
The ultimate goal is to equip individuals for a successful
reintegration into society through a nurturing and carefully structured
environment. These modern rehabilitative centres have less stringent
regulations, accommodating well-behaved individuals in enclosed correctional
facilities. Aligned with United Nations standards, open penitentiaries are
recognized as an effective method for rehabilitating selected inmates by
offering a semblance of everyday life, including purposeful occupation and,
occasionally, the ability to reside with loved ones.
Open jails are a type of prison reserved for individuals who have been convicted
of a crime. These prisons are designed to house inmates who have exhibited good
behaviour and meet certain criteria. Despite being classified as minimum
security, open jails engage prisoners in agricultural activities.
According to Prison Statistics India-2022 published by the NCRB, New Delhi, out
of the 5,73,220 prisoners in toto in Indian jails as on 31.12.2022, 5,49,351
were male, 23,772 (4.33%) female and 97 transgenders. Amongst female prisoners,
the number of convicts was 5412, under trial prisoners18146, detenues 120 and
Others 94. The maximum number of female prisoners were in Uttar Pradesh (4809)
followed by Bihar (2938), Madhya Pradesh (1917), West Bengal (1778), Maharashtra
(1596) and Punjab (1555).
However, it is important to note that as the number of female prisoners in India
continues to increase, the prison system, which is predominantly male-oriented,
denies women essential rights such as access to open jails. Out of 28 states and
08 union territories in India, only 17 states have reported about the
functioning of open jail out of which only 04 States viz. Rajasthan, Maharashtra,
Kerala and Jharkhand have women prisoners residing in open jails, which implies
that women are being denied the benefits of open jails in rest of the 24 states
and 08 union territories and that there is no existence of any open jail in 11
states and 08 union territories.
Literature Review:
The idea of including open prison systems was initially extensively debated by
the international community during the United Nations Congress on the Prevention
of Crime and the Treatment of Offenders, which took place in Geneva in 1955. The
year 2015 witnessed the unanimous adoption of the UN Standard Minimum Rules for
the Treatment of Prisoners, commonly referred to as the Nelson Mandela Rules, by
the UN General Assembly. These rules outlined the goals and objectives of open
prisons. Furthermore, in response to global appeals for prison reforms, the
All-India Prison Reforms Committee in 1980 recommended that the government
establish and advance open prisons in each state and union territory.
Depending on the jurisdiction or institution, the term 'open prison' can have
different meanings. Generally, it refers to a prison where residents are not
always locked or fully confined, as stated by Mastrobuoni and Terlizzese in
2014. The idea that the open prison is based on can be seen in two dictums of
Sir Alexander Paterson. First, a man is put in jail as punishment and not for
punishment. Next, you can't teach a man about freedom if he isn't given more
freedom and less restraint (Paranjpe 2001).
Involvement with the open prisoner's family aids in the gradual healing of the
community's wounds caused by their crime (Merkel 1994). In the realm of
incarceration, open prison stands as a fortified community wherein wrongdoers
are bestowed with the chance to forge meaningful connections amongst themselves,
the staff, and individuals hailing from the realm of freedom. This fosters a
profound sense of embrace within the prisoner's perception of the external realm
and effectively refashions his own understanding of self-definition (Ekunwe, I.
2007).
In order to guarantee the well-being and reformation of inmates, the All-India
Jail Manual Committee (1957–59) proposed the establishment of open prison
facilities (1960: 96–99), as part of their noble mission to uphold human rights
and dignity. Initiated by the Rajasthan State Legal Services Authority (RSLSA),
a study on open prisons (Bhatnagar 2017) concludes that the need to create more
open prisons across the state arises from their cost-effectiveness and low
resource requirements.
In their study, Goodley and Pearson made known that instances of absconding,
re-offending, and TRFs by residents of open prisons are uncommon. The study
focused on a group of 316 prisoners who were released from two open prisons in
England and found that the rates of failure were only 0.9% for re-offending,
1.3% for absconding, and 3.2% for TRFs. To further elaborate on the rarity of
these events, Hillier and Mews delve into the matter in their work published in
2018.
According to Vibhute (2015), engaging in vocational activities within open
prisons not only allows inmates to partake in productive pursuits during their
sentence, but also equips them with skills that can be utilized upon release.
Furthermore, the meaningful work provided by these institutions keeps the
inmates mentally engaged, preventing them from succumbing to negative
influences. This fosters self-confidence and a sense of self-worth among the
individuals. Additionally, it plays a crucial role in cultivating a positive and
respectful outlook towards society (Borah 2018: 66–74).
In the insightful research conducted by Mastrobuoni and Terlizzese (2014) op.
cit., the captivating findings unearthed from an Italian open prison revealed
strikingly positive figures when it came to recidivism and violence rates,
especially in comparison to their counterparts within closed institutions. Using
mixed methods, [ De Motte, C. (2015)] found that older prisoners in England and
Wales were more satisfied with the quality of life in an open unit than in a
closed unit.
Despite limited availability of rehabilitative programmes in the
open centre, a study by Botello (2017) reports that at a female open prison in
Australia, low rates of recidivism compare favourably with Nordic rates. Some
other studies (Armstrong, et al. (2011), Ekunwe (2007), Mastrobuoni and
Terlizzese, (2014) and Shammas (2014) – op. cit.) have brought attention to the
decreased financial costs linked with open prisons.
These savings are attributed
to lower staffing and security requirements. Additionally, these studies have
emphasized the positive impact on local and national communities and economies
when individuals in custody are actively involved in education or employment.
One quantitative study (Vanhooren, S., Leijssen, M. and Dezutter, J. (2017)) in
three Belgian prisons (including one open institution) found significantly lower
levels of distress among those in the open system.
In the year 1996, the Supreme Court, in a significant case known as Rama Murthy
v. State of Karnataka, upheld the importance of open prisons. The highest court
of the land mandated the creation of "an increasing number of open jails,"
commencing with the district headquarters across the nation. Acknowledging the
challenges that may arise in managing such institutions, the court nonetheless
remarked that these obstacles are not impossible to overcome when considering
the immense benefits that open prisons can bring to society. The National Human
Rights Commission (NHRC) has consistently emphasized the importance of open
prisons in addressing the issue of prison overcrowding.
This viewpoint has been
reiterated in multiple annual reports, spanning from 1994-95 to 2000-01. In a
significant development, the All-India Prison Reforms Committee put forth a
recommendation in 1980, suggesting the establishment of open prisons in each
state and union territory. Furthermore, in the case of
Dharmbir v. State of
Uttar Pradesh (1979), the highest court in the land acknowledged the potential
benefits offered by open prisons in protecting young offenders from various
negative influences prevalent within closed jail systems. In the Constitution of
India, there lies a significant provision that ensures the basic right of each
and every citizen to lead a life filled with dignity.
This profound guarantee
can be found in Article 21 of the Constitution. Moreover, within the Directive
Principles of State Policy, specifically in Article 39A, it is made clear that
it is the responsibility of the State to ensure that justice is administered
efficiently.
History of Open Prisons:
The notion of open jails traces its roots back to 1891 in Switzerland, but it
was not until the 1930s and 1940s that the idea gained significant momentum with
the establishment of open prisons in the United Kingdom and the United States.
Gradually, this concept began to permeate across various nations worldwide.
Switzerland made commendable strides by constructing the first semi-open prison
called 'Witzwill' in 1891, followed by the United States in 1916, the United
Kingdom in 1930, and subsequently, the Netherlands in 1950.
In the year 1933, England and Wales witnessed the establishment of New Hall
Camp, which marked a significant milestone as the first open prison for adult
males. This groundbreaking initiative aimed to address the issue of limited
employment opportunities faced by individuals who had been incarcerated for a
considerable duration. Interestingly, New Hall Camp not only accommodated
individuals serving shorter sentences for less severe crimes but also those who
had committed more grave offenses and were approaching the end of their
imprisonment term (Smith, 2018).
Following one in 2015, Zimbabwe's Marondera Female Open Prison is the second to
open in Africa, after Mauritius.
In India in 1905 in Bombay Presidency, the inception of the first open jail took
place. This innovative establishment catered to a select group of individuals
hailing from the special class inmates of the Thane Central Jail in Mumbai.
However, this open jail was closed in 1910. Thereafter, the first open jail was
set up in 1953 for the construction of a dam over the river Chandraprabha near
Banaras. After the completion of this dam, the prisoners were transferred to the
nearby site for construction of a dam over the river Karamnasa.
On the 15th of March in the year 1956, an open jail was established in Mirzapur.
Its purpose was to provide employment for prisoners who would work in extracting
stones for the Uttar Pradesh Government Cement Works at Churk, Mirzapur. The
inspiration behind this initiative was the triumph of previous open jails.
Initially, there were 150 prisoners in this open jail, but that number gradually
grew to reach a peak of 1,700 before eventually declining.
In the year 1960, a new open jail by the name of Sampurnanad Shivir was
established in Sitarganj, a place nestled in the Nainital district of
Uttarakhand. At its start, it covered a vast stretch of land measuring up to
5,965 acres. However, to make space for those who were displaced, the Uttar
Pradesh government made the decision to reclaim a chunk of 2,000 acres. It is
worth mentioning that Sitarganj is highly esteemed for being one of the largest
open jails on a global scale and presently encompasses an area that spans across
3,837 acres.
A remarkable instance of an open prison in India is the captivating case of
Sanganer Jail in Jaipur, Rajasthan. This correctional facility has a rich
history, as it was established way back in 1954 and presently accommodates
approximately 450 convicts. What distinguishes Sanganer from other open prisons
across the nation is its unparalleled philosophy of granting prisoners the
opportunity to reside with their loved ones and engage in gainful employment to
sustain themselves.
Similarly, in the Lalgola Open Correctional Home in West
Bengal, twenty convicts dwell in cottages alongside their families, while other
prisoners reside in a distinct enclosure; nevertheless, no female prisoner calls
this place their home.
In Gerwada, Pune in 2010, the first open jail for women was set up. Similarly,
in Poojappura, Kerala in 2012, the first such jail was established in South
India.
Selection of Inmates for Open Jail:
The process of selecting inmates for open jails is quite intricate and involves
a thorough evaluation conducted by a Board comprising experienced Prison,
Police, and Civil Officers. This diligent assessment aims to ascertain whether
the inmates are suitable for a less restrictive environment. Several factors are
taken into account during this evaluation, including the nature of their
offence, their behavior while in prison, and their potential for rehabilitation.
Even though open jails offer inmates more freedom, they are closely monitored by
authorities to ensure that they adhere to all the rules and regulations.
The
ultimate objective of open jails is to strike a delicate balance between
punishment and rehabilitation, thereby contributing to a criminal justice system
that places great importance on reforming offenders and facilitating their
successful reintegration into society. Mostly convicts who have completed 10
years of imprisonment are considered for transfer to open jails in some states;
however, in Jharkhand even under trial prisoners both male and female are kept
in open prisons.
As per the rules laid out in the Rajasthan Prisoners' Open Air
Camp Rules of 1972, prisoners who are deemed eligible for transfer to open jails
must have served one third of their sentences. The colonial rules for selection
of prisoners for transfer to open prions need to be made uniform and relaxed so
that a greater number of prisoners could be made eligible for residing in open
prisons.
In certain states, open jails grant inmates unrestricted freedom of movement as
they do not follow a daily lock-up routine. The gates are opened at 06:00 hours
in the morning, and the night lock-up commences at 20:00 hours. Between the
hours of 6:00 a.m. and 8:00 p.m., inmates are at liberty to roam wherever they
please and pursue any occupation either within or beyond the confines of the
jail.
But they are required to go back to the jail by 8:00 p.m. The inmates
residing in open jails are instructed to secure jobs within a 20-kilometer
radius from the facility, enabling them to return to the jail every night.
Additionally, after 6 months, they are eligible for a 20-day parole. During
their initial three months in the open jails, they are provided with meals.
However, following this period, the prisoners are responsible for arranging
their own food.
Benefits of Open Jails for Women & their Children:
The establishment of open jails for women provides multifaceted benefits aimed
at rehabilitation, reintegration into the community and addressing the specific
needs of female prisoners. In particular, the emphasis on rehabilitation, rather
than punitive measures, allows women access to vocational training, education,
and various programs to address issues such as trauma and addiction.
These
initiatives equip women with valuable skills, fostering personal development for
their eventual return to society. Open jails significantly contribute to women's
community reintegration by allowing employment outside prison during daylight
hours, promoting gradual responsibility assumption and facilitating the
restoration of familial bonds.
This family-centric approach not only benefits
individuals but also breaks the cycle of intergenerational incarceration.
Overall, open jails offer a comprehensive and supportive environment for women,
aiming to reduce re-offending and empower them for fulfilling lives
post-release. Women prisoners with children are specially benefitted in open
jails as children's centric benefits are also provided in open jails for women
and the mental and emotional development of children are not inhibited here.
The Ministry of Women and Child Development, in their report released in June
2018, has recommended that female prisoners should be given priority for housing
in open jails. This arrangement would particularly benefit pregnant women and
those who are incarcerated with their children. There were 1,537 women prisoners
with 1,764 children as on 31st December, 2022. Among these women prisoners,
1,312 women prisoners were undertrial prisoners who were accompanied by 1,479
children and 198 convicted prisoners who were accompanied by 230 children.
To address this issue, the Supreme Court in
R. D. Upadhyay's case stated that a
child should not be treated as an undertrial/convict while in jail with his/her
mother and issued a set of guidelines to ensure these children have access to
essentials such as food, medicine, shelter, clothing, education and recreational
activities as a matter of right.
The Bureau of Police Research and Development (BPRD) published report number 165
which highlighted the lack of necessary resources for the psychological and
social growth of children in closed prisons. According to the report, these
guidelines are merely theoretical and do not align with the actual conditions.
It is crucial for the authorities to shield these innocent children from the
harmful atmosphere prevalent in closed prisons and offer them a secure space to
nurture their physical, mental, and emotional well-being.
One possible solution
to address this issue could be the creation of dedicated Open Jails exclusively
for women. This approach would provide a conducive environment for female
prisoners to prioritize their well-being as well as that of their children.
Additionally, the implementation of more lenient regulations in these open jails
would allow pregnant inmates to reside alongside their families, guaranteeing
them the necessary support and care they require.
Open jails empower women to
develop essential life skills while fostering a supportive atmosphere that aids
in their reintegration into society, ultimately reducing overcrowding in closed
jails, expenditure on inmates, recidivism and contributing to the overall
well-being of both women and their children.
Sl.No. |
Type |
Number of Jails |
Capacity |
Population of Inmates |
Occupancy Rate |
1 |
2 |
3 |
4 |
5 |
6 |
2 |
Central Jail |
148 |
197052 |
246155 |
124.9 |
3 |
District Jail |
428 |
168981 |
264534 |
156.5 |
4 |
Sub-Jail |
574 |
47270 |
45679 |
96.6 |
5 |
Special Jail |
42 |
7573 |
7171 |
94.7 |
6 |
Open Jail |
91 |
6043 |
4473 |
74.0 |
7 |
Women Jail |
34 |
7080 |
4258 |
60.1 |
8 |
Borstal School |
10 |
1204 |
489 |
40.6 |
9 |
Others |
3 |
1063 |
461 |
43.4 |
10 |
Total |
1330 |
436266 |
573220 |
131.4 |
(Source: Prison Statics India – 2022)
In India, there are a total of 91 Open Jails. These unique institutions house
4,473 inmates, resulting in 74% occupancy. These open prisons have the capacity
to hold up to 6043 prisoners. Only a mere 0.78% of the massive prison
population, which stands at a staggering 573220 individuals, actually reside in
open jails in India pointing out the urgent need of establishing more open jails
in the country.
As of 31 December 2022, a total of 4,473 prisoners were housed in various open
prisons in the country, of which 4,341 were men and 132 were women. These
figures were well below the total capacity of 6,043 prisoners, which included
5,913 men and 130 women. Of all the states, Maharashtra had the highest number
of prisoners at 1,725 in open jails, followed by Rajasthan with 1,367, Kerala
with 437, and West Bengal with 261.
State |
Number of Open Jails |
Total Capacity of Inmates |
Inmate Population |
Occupancy Rate (in %) |
|
M |
F |
Total |
M |
F |
Total |
M |
F |
Total |
Jharkhand |
1 |
90 |
10 |
100 |
30 |
5 |
35 |
33.3 |
50.0 |
35.0 |
Kerala |
3 |
448 |
20 |
468 |
429 |
8 |
437 |
95.8 |
40.0 |
93.4 |
Maharashtra |
19 |
1512 |
100 |
1612 |
1659 |
66 |
1725 |
109.7 |
66.0 |
107.0 |
Rajasthan |
41 |
1488 |
0 |
1488 |
1314 |
53 |
1367 |
88.3 |
- |
91.9 |
Total (All-India) |
91 |
5913 |
130 |
6043 |
4341 |
132 |
4473 |
73.4 |
101.5 |
74.0 |
(Source: Prison Statistics India–2022, NCRB)
Occupancy of men's open prisons is 73.4% and women's open prisons 101.5%, and
the total occupancy of open prisons is 74.0%. Only four states of India viz.
Maharashtra (66), Kerala (08), Rajasthan (53) and Jharkhand (05) have open jails
for female prisoners. Rest of the 24 states and 08 union territories have no
open jail for women prisoners.
(Source: Prison Statistics India-2022, NCRB)
Out of 4473 prisoners in toto in open jails, there are 4439 convict prisoners
consisting of 4312 men and 127 women; 34 undertrial prisoners live in open jails
comprising of 29 male and 05 female. Convicts mainly live in open jails, but
only in Jharkhand state undertrial prisoners (29 male+5 Female) too are
accommodated in open jail. Female prisoners live in open jails only in four
states of India viz. Maharashtra (66 convicts), Rajasthan (53 convicts), Kerala
(8 convicts) and Jharkhand (05 undertrial prisoners). As per estimate, only less
than 3% of the total prisoners living in open jails are women. No transgender
prisoner lives in open jail.
Gender Inequity:
The topic of "prisons" in India falls under the jurisdiction of the State List,
which implies that state governments are mandated to devise the appropriate
regulations and instructions for the management of Open Jails. The process of
selecting prisoners for these correctional facilities also hinges on these
regulations, which differ significantly across different states.
Presently, in the vast country of India, there exist only four states - Kerala,
Jharkhand, Rajasthan, and Maharashtra - where female prisoners are granted the
privilege of residing in Open Jails. Astonishingly enough, although 13 other
states have established these facilities, they exclusively accommodate male
prisoners. This peculiar discrepancy persists despite the fact that a
considerable number of female convicts inhabit Central, District and Women Jails
across the nation. Curiously, not a single female prisoner from these
institutions has been relocated to open jails within these 13 states.
Furthermore, it is worth noting that in Assam, women are legally prohibited from
taking up residence within Open Jails as dictated by Rule 5 of The Assam
Superintendence and Management of Jails (Supplementary Provisions) Rules, 1968.
It is clearly a violation of women's fundamental rights as stated in Article 14
to deny them the opportunity to stay in these prisons without any valid reason.
These rights ensure that women are treated fairly and are not discriminated
against on the basis of their sex, as highlighted in Article 15. Typically, open
prisons are not meant for specific types of prisoners convicted of some serious
crimes falling under barred sections of law. By excluding women from Open Jails,
authorities are essentially classifying them alongside these particular group of
prisoners.
The sanctioned strength of jail-staff was 91,181 while the actual strength was
63,578 as on 31st December, 2022 due to vacancies not being filled up. The
actual strength of woman jail officers/staffs was 8,674 (including 295 medical
officers/staff), amounting to 13.6% of the total jail-staff.
To examine the feasibility of setting up open prisons, the Ministry of Home
Affairs convened a meeting on 13.2.2018 with the DG/IG Prisons of all States and
UTs. The Rajasthan State Legal Services Authority (RSLSA) organized a
comprehensive analysis of the open prison system within their state.
Challenges in setting up Open Jails:
Creating and maintaining effective open jails, considered as an alternative and
rehabilitative approach to traditional prisons, faces several critical
challenges. A major concern revolves around some prisoners becoming dependent on
open prison resources, leading to potential difficulties in their reintegration
into society after completing their sentences.
Despite directives from the
Supreme Court, certain states have failed to enact laws enabling open prison
establishment, hindering their utilization. Existing open jails operate below
capacity, with opaque criteria for inmate selection raising questions about
fairness. Outdated legislation, such as the Prisoners Act of 1894, contributes
to difficulties in managing modern prisoners, exacerbating gender disparities in
open jail availability. Administrative deficiencies, including limited
facilities, financial resources, and staffing, coupled with concerns about
selection integrity, impact the overall effectiveness of the open prison system.
Critics emphasize security and discipline, raising doubts about the leniency of
open jails and the prevention of repeat offences, underscoring the need for
continuous evaluation and improvement in this correctional approach within the
Indian criminal justice system. Acquiring land for setting up open jail along
with infusion of matching financial grant for its construction is the main
stumbling block for the district administration. However, a determined
administrative will may overcome all such obstacles provided sincere efforts are
made in this direction.
Conclusion:
Open Jails for women have a positive impact on rehabilitation, empowerment, and
successful reintegration into society. These institutions offer an alternative
to punitive measures by addressing the fundamental causes of criminal behaviour
and preparing female prisoners for a fruitful and law-abiding life after their
time in custody.
By investing in opening greater numbers of open jails for
women, we can cater to the needs of rehabilitation and reintegration of the
growing number of female prisoners in jails, some along with children, and
remove the present gender discrimination embedded in the system against women
prisoners along with reducing prison expenditure, recidivism and overcrowding in
jails.
This will also help in improving the mental health of prisoners and the
number of suicides/deaths in prisons. We can look after the special needs of
emotional development and education of the children of women prisoners by
establishing creche in the open jails. It is also imperative to make the rules
for transfer of prisoners to open jails more relaxed and liberal by amending the
existing colonial rules to facilitate the entry of higher number of prisoners
into open jails. What is required is a strong administrative will towards this
noble cause at the appropriate level.
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