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Due to the ongoing COVID-19 Pandemic steps have been taken up by the Central and the State government to decongest the overcrowded prisons to avoid and the spread of the virus. A whole number of prisoners who were sentenced to 7 years of prison for non-vicious crime were released on parole and interim bail after the order was passed by the Supreme Court of India. This situation of pandemic calls for Open jails which would be one of the effective way to deal with the current problem. These jails would not only serve as a method to unclog the overcrowded prison but also serve as a chance to reform the selected prisoners.
OPEN JAILS: CONCEPT
Open jails are like campus for prisoners but without any bars and locks. Rajasthan Prison Rules define open jails as “prison without walls, bars and locks.” The jail won't confine them completely but would require them to earn for their families living with them inside the jail. These open jails have comparatively less stringent rules as compared to controlled jails. The ideology behind the establishment of such jails is to reform the prisoners, who have completed their major part of their sentence with a good conduct, are then allowed to spend the rest of their life living a normal life. They too are provided with an opportunity to undertake a fruitful employment in day time. Prisoners after spending a long time in a closed prison are then trusted to take their freedom very seriously and not indulge in any form of violence. But its an irrevocable system and if any sort of misconduct occurs then the prisoners would be sent back again to closed prisons. And in addition to this, it would also help the prisoners to learn the responsibility and staying in a healthy environment further will help them in regaining their dignity.
The Prison rules are a subject of the state. Rules vary from state to state and there are no uniform rules for all the prisoners. The data provided by the National Crime Records Bureau (NCRB), a total of 77 Open Jails across the country by the end of 2018 present only in 17 states. The occupancy rate is 66.6% even after having a highly over-crowded Central/District prisons. Plus, the occupancy rate of Central Jail by the end of the year 2018 was 119% and District Jail was 132.8%. The Central jail and the District Jail are not only over-utilized but the Open Jail are under-utilized.
However, the system could only work where there would be a uniform system of framework to govern the functioning of the Open jails. Due to the absence of a uniform framework, there is no selection procedure provided to the states or any eligibility criteria which would be looked into while transferring the prisons. According to the Rajasthan Prisoners Open Air Camp Rules, 1972, only prisoners who are married would be eligible and permitted to shift. Marriage being a pre-condition has no relation behind the concept of these jails. Under Haryana Prisoners Air Camp Rules, the eligibility criteria is that the prisoner should have a family. The point to be noted here is earning for the family is not the only objective for these jails. Rather, the prisoners should be eligible under criteria like consistent potential discipline behind closed jails. As, no prisoner should not be given the opportunity because he/she does not have a family. These incidents prove that the states have failed to understand the underline concept behind the establishment of these institutions.
Also, some states have denied the opportunity to the female prisoners and having a biased attitude towards male. Because female protection and safety is a concern, steps can be taken like separate female open prisons. In India till now only 4 states namely Jharkhand, Kerela, Maharashtra and Rajasthan have to build separate female open jails. There are still 13 states with open jails but with only male residents. Denying women the opportunity in violation of Article 14 of the Constitution.
Recommendations have been given by the NHRC, Jail committees and Supreme Court a long time back. But still, then the goal of having the adequate number of prison and uniform system seems to be out of reach.
The purpose of the criminal justice system is both to rehabilitate and to punish. If we can rehabilitate somebody, that’s a huge, huge win. -Blake Farenthold.
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