Supreme Court Mandates States and UTs to Report on Open Prisons

The Supreme Court of India has issued a directive to several states and Union Territories (UTs) demanding a detailed report on the operation of open prisons, a reformative approach allowing convicts to work outside and return in the evenings. This directive, aiming to integrate convicts back into society and alleviate jail congestion, was ordered to be complied with within a four-week timeframe.

Justices B R Gavai and K V Viswanathan, presiding over the matter, expressed concern regarding the lack of comprehensive data from certain regions, despite previous requests for such information. States including Delhi, Himachal Pradesh, Madhya Pradesh, and Punjab, along with several others, were noted for their non-compliance in providing the necessary qualitative and quantitative analyses concerning their open prison facilities.

The court’s order, dated August 20, was a follow-up to an earlier session where senior advocate K Parameshwar, serving as an amicus curiae, reported that responses were still pending from multiple jurisdictions. This includes states and UTs like Gujarat, Haryana, Jammu and Kashmir, Maharashtra, Manipur, Nagaland, Telangana, Uttar Pradesh, as well as smaller territories such as Dadra and Nagar Haveli, Daman and Diu, Lakshadweep, Puducherry, and Ladakh.

The concept of open prisons, which was highlighted during a May 9 hearing as a potential solution to the dual issues of overcrowding and prisoner rehabilitation, involves minimal supervision where inmates can leave the prison for work and return at night. This model is seen as a progressive step towards reducing the psychological strains faced by convicts and aiding their smoother reintegration into society.

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In its firm stance, the Supreme Court warned that failure to comply with this new directive could lead to summoning the chief secretaries of the non-compliant states and UTs. The matter has been scheduled for further review four weeks from the order date, where the apex court expects to evaluate the progress made in this significant aspect of prison reform.

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