Sanganer Open-Air Camp: Prison Where Prisoners Live With Their Families
Gursimran Kaur Bakshi
1 Dec 2024 10:30 AM IST
Shri Sampurnanand Khula Bandi Shivir-Sanganer Open Air Camp
India is not new to the open-correctional institutions. One of the open correctional institutions, Sanganer open-prison, officially known as Shri Sampurnanand Khula Bandi Shivir, has been there for six decades now.
Allegedly, the land on which the open prison operates has recently been allotted by the Rajasthan Government for constructing a Satellite hospital and it is a matter of ongoing litigation before the Supreme Court and the Rajasthan High Court.
As per Rule 723 of the Rajasthan Prison Rules, 2022, Chapter XXXII: "Open air camps are intended to put into the practice the contemporary ideology of reformation, correction and rehabilitation of convicted prisoners so that they may lead a self-disciplined and cultured life after release. These institutions provide the prisoners opportunities of employment and living a life in the open. This restores the dignity of the individual and develops in him self-reliance, self-confidence and social responsibility, which are necessary for his rehabilitation in the society."
The admission to the Sanganer open-air camp is governed under the Rajasthan Prisoners Open Air Camp Rules, 1972. As per Rule 4 of the 1972 Open Air Camp Rules, a prisoner that does not fall within the categories of prisoners specified in Rule 3, has regularly performed his scheduled task in the jail factory or jail service and has served 1/3 of his substantive sentence including remission, is eligible for admission.
However, prisoners convicted for serious offences including gender-based offences like rape are ineligible for admission. Rule 3 comprehensively elaborates on the categories of prisoners ineligible for admission to open-air camps including those who are sentenced to less than 5 years of imprisonment, who are habitual offenders, who are not married, and whose ordinary place of residence is outside Rajasthan. Undertrial prisoners are not allowed to stay in open prisons.
About Sanganer open-air camp
In Rajasthan, the first Rajasthan Jail Reform Committee set up in 1962-63, submitted its report in 1965 which included the concept of open camps. Sanganer open-air camp was established by the former Government of Rajasthan Dr. Sampurnanand. As a reformist Government, Dr. Sampurnanand in 1963 started the open-air camp on an experimental basis to test the viability of open prisons in the Indian context.
The open-air prison is spread across a 30,400 sq m area, approximately 3.04 hectares and is one of the largest open camps in Rajasthan. The plot area is divided into different Khasra numbers. The open-air camp houses hundreds of prisoners including their families and is self-governed by the Bandi Panchayat along with the Works and Discipline Committee, Prisoners, and Cooperative Society in the Open Camps.
Interestingly, the inmates elect the Sarpanch of the Bandi Panchayat as per Rule 11(2) of the 1972 Rules. Over the years, the open-air camp inspired 51 similar camps in Rajasthan.
Reportedly, prisoners are living with their families. At present, nearly 400 families are living in temporary hutments in what is termed "community-like living".
The prisoners have to make their own cooking arrangements for their food from their own earnings, within the camp as specified in Rule 9 of the 1972 Rules.
The regular everyday lives of the inmates and their families are closely interlinked. Inmates engage in everyday work in agriculture, manufacturing or industrial work, construction work etc, and earn their livelihood as required per Rule 7 of the 1972 Rules.
They return before the time for the night's roll taken by the Bandi Panchayat. This way, they pay for the water and electricity and carry out social services to the Prison Department.
Source: PAAR
As per Rule 7(c) of the 1972 Rule, every prison shall devote at least 2 hours a day twice a week, to work of common utility. Notably, after the regular work, Rule 7(b) states that any prisoner desirous of a hobby as a side work will be allowed to do so with the permission of the works, and discipline committee.
This allows them to spend a significant amount of time just like any of us without the tag of prisoner consistently attached to one's identity. Those who complete their term often find work as daily wagers nearby as the camp is situated near an industrial area. Moreover, they find it easier in terms of acceptability in society and the sense of similarity that remains.
In Sanganer, former Director General of Prison, Ajit Singh, had to carry out the eviction of prisoners. It is often termed a rare moment in the history of the Indian Prison System when prisoners refuse to leave the prison after the completion of their sentence.
Notably, there is a primary school [Khasra no.56- School and Anganwadi] within the camp's premises where education is imparted to not just the children of inmates but also to those children living in the nearby area outside the camp. At present, 48 students are enrolled, out of which only 15 are children of inmates.
Interestingly, the concept of functional family is often witnessed here, especially in terms of the female inmates. The camp has separate living quarters [Khasra no. 58] for single women inmates.
Female inmates, without family or kin, can live together with other single women prisoners. This encourages the concept of functional families. This is more generally accepted within the concept of an atypical family different from a traditional family but equally protected within the framework of Part III of the Indian Constitution by the Supreme Court.
Moreover, the prison authorities do not wear official clothes to avoid creating any stereotypes.
What is the penological basis behind open camps?
Reportedly, in the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, 1955, it was stated that open correctional institutions eliminate the 'tension' and 'barriers' created by the restrictions and physical restraints placed on prisoners in 'closed' jails and by providing them with a better opportunity for interaction with the free community, have better potentials in achieving the goal of reformation and rehabilitation of offenders.
The open-peno correctional institutions do not just promote not just social rehabilitation. It also promotes a restorative ecosystem for the inmates which significantly helps in terms of gradual reintegration and protects human dignity.
In terms of financial burden, open prisons are "78 times cheaper than closed prisons" as per the report titled 'The Open Prisons of Rajasthan' by Smita Chakraburtty, wherein a comparison was made between Jaipur Central Prison and Sanganer open-air camp.
Smita who was appointed as the Honorary Prison Commissioner by Justice K.S. Jhaveri, Justice of the Rajasthan High Court Executive Chairman Rajasthan State Legal Services Authority, to study the open prison system and the parole practices of Rajasthan.
The report notes that initially there was resistance from the Sanganer community to establish an open camp which initially housed nearly 32-33 prisoners. The community made complaints to the Governor as to why those people convicted for offences were being placed amidst peace-loving people. The taboo was gradually broken.
At that time, there was a prisoner who was a homoeopathic doctor and people from the locality started coming to him for treatment. Prisoners started setting up fast food stalls and some prisoners would also go out to teach the children of villagers as tutors.
As per the study, it is shown that the estimated annual expense of the Jaipur Central Jail is Rs. 18,72,60,000. Whereas, the expense of the Sanganer is Rs. 24,00,000.
According to comparative data between Jaipur Central Prison and Sanganer, an open prison requires 1 prison staff per 80 prisoners. The cost per prisoner in open camp is Rs.500 per month as compared to Rs.7,094 in Jaipur Central Prison.
The report addresses some of the most common concerns- wouldn't the prisoners run away from the open camp?
The report states that in closed prisons, there is high security and still prisoners escape. Unlike closed prisons, convicts in the open camps know that if they escape they will be sent back to closed prisons. It is the fear of losing liberty that the prisoners got from staying in open prisons that prevented them from escaping.
Significantly, the report notes that the rate of recidivism is ineligible in open camps as compared to closed prisons.
In the past, former judges of the Supreme Court Aniruddha Bose, S. Ravindra Bhat, and Sanjay Kishan Kaul along with Chief Justice of the Rajasthan High Court Pankaj Mithal, Justice M.M. Shrivastava(Executive Chairman, Rajasthan State Legal Services Authority) and Sandeep Mehta have visited the Sanganer open camp in an event organised by the non-government organisation PAAR (Prison Aid+ Action Research) and appreciated the model for truly being based on reformative justice.
In one of the events organised by the PAAR, former judge of the Supreme Court, Justice Madan Lokur, said: "The RRR movie is in the limelight these days but there is R also taking place in Sanganer prison. RRR is taking place. Reform, Rehabilitation and Reintegration."
In 2017, Justice Lokur, while he was a sitting Judge of the Supreme Court, passed the judgment directing the Government to study the feasibility of establishing open prisons in each district, inspired by the functioning of the Sanganer prison. It urged the Centre to take the lead in framing guidelines (Re-Inhuman Conditions In 1382 Prisons).
In one of the reports, it was suggested that an open camp system should be better suggested for undertrials as they were mere suspects who are incarcerated pending investigation or trial. Since open camps are based on the principle of minimum restraint, for undertrials, a balance between the fundamental right to liberty, the presumption of innocence and the requirement of fair and just trial and the rights of the victim are equally balanced.
As per the National Crime Records Bureau's report on Prison Statistics India (2022), the number of prisons by the end of 2022 is 1330 with the actual occupancy of prisoners being 4,36,266 as against 5,73,220 prisoners lodged. The data shows that the no. of undertrial inmates were reported as 4,34,302 which is 75.8% of total prisoners which is an increase of 1.7% since 2021.
