New Delhi, February 26 In an effort to ensure that open prisons function as meaningful and effective institutions of reformation and rehabilitation, the Supreme Court on Thursday directed all states and Union territories to develop a time-bound protocol for filling existing vacancies in Open Correctional Institutions (OCIs) and open barracks.
Semi-open or open prisons allow convicts to work outside the premises during the day to earn a livelihood and return in the evening. This concept was introduced to integrate convicts with society and reduce psychological pressure as they faced difficulties in leading normal lives outside.
Issuing a series of directions, the top court said that prisons are institutions of correction, where dignity, self-respect, and social reintegration are not aspirational ideals but constitutional necessities.
A bench of Justice Vikram Nath and Justice Sandeep Mehta directed the states and Union territories (UTs) to submit the protocol to their respective monitoring committees within a period of three months.
It said that all states and UTs shall ensure that OCIs do not function merely as labor camps or spaces of custodial convenience.
"Ensure that the identified vacancies are filled within a further period of two months thereafter, subject to eligibility and security considerations. The compliance report shall be placed before the Monitoring Committee within one month thereafter," the bench said.
The court also took note of the under-representation of female prisoners from OCIs and directed all states and UTs to develop a protocol for restructuring existing OCIs to allocate adequate capacity for female prisoners.
The directions came in response to a public interest litigation (PIL) regarding overcrowding in prisons and the functioning of OCIs.
Recognising the absence of uniformity in governance, eligibility norms, rehabilitation facilities, and the management of OCIs, the apex court constituted a high-powered committee for the reform and governance of Open Correctional Institutions with former Supreme Court judge Justice S Ravindra Bhat as the executive chairperson.
The objective of the committee is to formulate common minimum standards for the governance, administration, and management of OCIs, including eligibility criteria, living conditions, etc., the bench said.
The court said that these directions were being issued to ensure that equality, non-discrimination, and the right to live with dignity, as guaranteed under articles 14, 15, and 21 of the Constitution, are meaningfully realised in the administration of prisons across the country.
The enduring strength of a constitutional democracy lies not in the severity of punishments, but in its commitment to restore dignity, hope, and opportunity even to those who have transgressed the law, the court said.
"Prisoners do not cease to be bearers of constitutional rights upon incarceration, and the state's obligation to treat them with humanity, fairness, and compassion stands heightened where liberty is lawfully curtailed," the bench said.
The top court directed that all states and UTs take proactive and time-bound steps to expand open correctional infrastructure by establishing new OCIs, and creating open and semi-open barracks within existing closed prisons.
"Each state and Union territory through its Prisons and Correctional Services Department shall undertake a comprehensive assessment of its prison infrastructure within a period of three months," the bench said.
For effective compliance and monitoring, the top court directed all the high courts to register a suo motu writ petition for monitoring the compliance with the present judgment within their respective jurisdictions.