Supreme Court Warns States/UTs Which Haven't Given Information On Open Prisons

The Supreme Court on August 20 directed the State Government and Union Territories to provide complete information on the functioning of Open Correctional Institutions within four weeks in a batch of petitions filed by human rights activist Suhas Chakma flagging the issues of congestion of prisons, rehabilitation of prisoners and regarding legal aid in prisoners. 

As for the issue of overcrowding of prisons, the Supreme Court on May 9 suggested establishing open-air prisons or camps. The court was informed that the open-air prison system is effectively working in Rajasthan. Therefore, it directed senior advocate K. Parameshwar to assist the court as Amicus, in addition to senior advocate Vijay Hansaria (for Chakma) and Rashmi Nandakumar, representing the National Legal Services Authority (NALSA).

On May 17, Parameshwar informed the court that a model draft manual had been prepared by the Union Government, which uses the term 'Open Correctional Institutions' as nomenclature for open-air prisons or camps. He added that the available data shows such institutions are underutilized. Parameshwar therefore suggested strengthening the Open Correctional Institutions, which he added would also help in the rehabilitation of prisoners and do away with caste discrimination faced by prisoners. 

In this regard, the court directed Parameshwar and Nandakumar to "jointly prepare and circulate a questionnaire to obtain information from all the States in respect of the status and functioning of the Open Correctional Institutions".

Pursuant to this, a Qualitative questionnaire and a Quantitative OCI Chart were prepared for States and Union Territories to collect requisite information.

The court also directed: "Four States i.e. Rajasthan, Maharashtra, Kerala and West Bengal, where such facilities are functioning most robustly, to share their best practices, applicable rules, guidelines and experience on setting up expansion and management of the Open Correctional Institutions with the NALSA".

The court directed the Ministry of Home Affairs to present a status report on recent developments in respect of the Open Correctional Institutions after the coming of the Model Prison Manual, 2016 and the Model Prisons and Correctional Services Act, 2023.

When the court was informed of a proposal to reduce the area at Sanganer Open Air Camp in Jaipur, it directed that no attempt to reduce in area should be made. 

On August 20, a bench of Justices B.R. Gavai and K.V. Viswanathan was informed by Parameshwar that States and Union Territories of Gujarat, Haryana, Jammu & Kashmir, Maharashtra, Manipur, Nagaland, Telangana, Uttar Pradesh, Dadra & Nagar Haveli, Daman & Diu, Lakshadweep, Puducherry and Ladakh have not filed their response according to May 17 order. 

The court was also informed that the NCT of Delhi, Himachal Pradesh, Madhya Pradesh and Punjab have not submitted qualitative/quantitative charts, despite the questionnaire indicating that these states have Open Correctional Institutes.

The court further found that the affidavits filed by the State of Andhra Pradesh and Tamil Nadu also do not contain all the requisite specific information.

Considering the status of information received, the court directed that all the States/Union Territories, which have not yet filed their response, file a complete response within four weeks from the order. It has asked States/Union Territories, which have not given complete information, shall also give complete information within four weeks from today.

The court remarked: "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."

Case Details: Suhas Chakma v Union of India & Ors. WP (C) No. 1082/2020

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