Supreme Court passes an Order asking state governments to establish open prisons

Supreme Court passes an Order asking state governments to establish open prisons

Today the Supreme Court passed another order (see the previous one) concerning open prisons. As part of its consideration of petition regarding inhuman conditions in Indian prisons, the Supreme Court addressed the issue of establishing open prisons, making it clear that open prisons are a viable solution to the problem. In the relevant section, the Court stipulated that:

It is stated by learned Additional Solicitor General that steps are being taken to encourage setting up of open prisons.

In fact, Model Rules called the Model Uniform Rules for the Administration of Open Correctional Institutions have been framed.

As far as the Union of India is concerned, these Rules are final. Learned Additional Solicitor General says that these Model Rules will be circulated to all the State Governments for notification and implementation.

We expect that on receipt of these Model Rules, necessary steps will be taken by the State Governments to notify and implement these Rules faithfully and  sincerely.

It is submitted by learned amicus curiae that there are already 63 open prisons in different parts of the country, but the existing capacity is not being fully utilized.

We expect the State Governments concerned to not only try and utilize the existing capacity of these open prisons and if necessary increase the existing capacity of these open prisons in due course of time. The State Governments and Union Territory Administrations should also seriously consider the feasibility of establishing open prisons in as many locations as possible.

Download the Supreme Court Order.