The Supreme Court has directed several states and Union Territories (UTs) to provide complete information with regard to the functioning of open prisons within four weeks.
Semi-open or open prisons allow convicts to work outside the premises during the day to earn a livelihood and return in the evening. The concept was introduced to assimilate the convicts with society and reduce psychological pressure as they faced difficulties in leading normal lives outside.
A bench of Justices B R Gavai and K V Viswanathan was informed by senior advocate K Parameshwar, who is assisting the top court as an amicus curiae in a matter related to congestion in jails, that several states and UTs have not yet filed their responses.
The bench noted that states and UTs like Delhi, Himachal Pradesh, Madhya Pradesh and Punjab have not yet submitted the qualitative/quantitative charts despite circulation of a questionnaire seeking information in respect of the status and functioning of open correctional institutions and whether such institutions exist within their jurisdiction.
“We, therefore, direct that all the States/Union Territories, which have not yet filed their response, to file complete response within a period of four weeks from today,” the bench said in its order passed on August 20.
It said the states and UTs, which have not given complete information, shall also ensure compliance within four weeks.
“We further clarify that if any of the state governments or Union Territories do not respond in terms of the orders passed by this court, we will be compelled to direct the presence of the chief secretary of the states/Union Territories concerned before this court,” the bench said and posted the matter for further consideration after four weeks.
The apex court noted that on July 15, it had directed the chief secretaries of various states and UTs to submit their responses on the issue of open jails.
The amicus told the bench that states and UTs of Gujarat, Haryana, Jammu and Kashmir, Maharashtra, Manipur, Nagaland, Telangana, Uttar Pradesh, Dadra and Nagar Haveli, Daman and Diu, Lakshadweep, Puducherry and Ladakh, have not filed their responses yet.
While hearing the matter on May 9, the apex court had observed that establishing open jails can be one of the solutions to overcrowding and also addressing the issue of rehabilitation of prisoners.
In its May 17 order, the bench had noted the submission of the amicus that a
model draft manual has been prepared by the Union of India where the nomenclature ‘open correctional institutions’ is used for such facilities.
