Open Prisons in India

Open prisons refer to the prisons that involve minimum security and is mainly dependent on the self-discipline of the inmates. The rules of these prisons are less stringent as compared to the rules of the other prisons. For this reason, they are also known as open air camps, prisons without bars or minimum security prison. These promote one of the major principles of punishment known as the ‘Reformative Theory’ where instead of severely punishing the convict, an opportunity is provided to reform oneself and get into the mainstream life. Rajasthan which has as many as 29 open prisons, the highest in the country provides a definition of open prisons in its Rajasthan Prisons Open Air Camp Rules, 1972 as follows: ‘prisons without walls, bars and locks.’

General Features of Open Prisons

• Objectives: As stated in the Nelson Mandela Rules (UN Standard Minimum Rules for the Treatment of Prisoners), these prisons are created with the objective of providing most favourable condition for rehabilitation of some selected prisoners as there is no physical security provided against escape and inmates are required to maintain some self-discipline.
• Eligibility: Although the eligibility criteria vary from state to state, one principal and universal rule is that the inmate must be a convict and such person must have stayed in controlled jail for atleast five years in order to have evidence over his or her good conduct. These are not open for under trial prisoners. Even the life convicts who have showed good conduct can be transferred to semi-open or open prisons.

Open Prisons of Rajasthan

The success of open prisons in India can be best illustrated by the case study of Rajasthan. The state not only has 29 such prisons but also has the largest open prison of India known as the Sanganer Open Camp. This prison has close to 400 inmates who live in the environment of self-discipline without causing any violation of the rules.

The general rule in these prisons is that an inmate is free to go move out of the prison premises after the first roll call but needs to return back before the second roll call. Some prisoners are allowed to build their own establishments depending on the financial capability of every prisoner.  They are required to live with the families in the jail and earn a livelihood for their families. Mainly four types of open prisons exist which are:

• Open Prison Campus-in this type of prison every prisoner is given lodging along with the family.
• Agricultural research institutes-these institutes provide both lodging and employment to the convicts.
• Agricultural farms-here the prisoners are provided with lodging but no means to earn a living.
• Gaushalas-he cow sheds are also places where prisoners get both lodging and employment.

The Bandi Panchayat System

The prisons at times become self-governed by a method commonly known as Bandi Panchayat. Under this, 5 prisoners are selected who become members of the panchayat and look into the administrative functioning of the prison. They have the responsibility of conducting the roll call of the prisoners and maintaining the attendance register. They also ensure that other prisoners maintain discipline and collect the electricity bills of the prisoners.

Issues with Open Prisons

While open prisons seem to be useful in some areas, it has some disadvantages too.

• Since some prisoners are allowed to set up their livelihood in and around the prisons and also stay with their family, they later refuse to move out of the place as it became a cost-free shelter for them in a prime location. There were other reasons for staying in also, as they get emotionally attached to the place. They also want stability in the education of their children, all of which will be affected if they relocate.
• The undertrial prisoners, who are often falsely implicated into cases and have to go through the ordeals of the police and courts do not have access to these prisons. Rather, they are more in need of such prisons as it will provide a conducive environment for confession, inquiry and also reformation. This is specially in case of undertrial women, sick and juveniles who are more vulnerable to abuse.

Open Prisons as Means of Reform

The open prisons can serve a good mechanism for reform for selected prisoners. This has come to the forth after a public interest litigation has been filed, stating that prisons in India are in a very poor condition, unworthy of living. There is a lack of funds for maintenance of these prisons and the security costs are also high. The irony is that inspite of expenditure on tight security, some high profile criminals at times manage to escape by breaching security. So, the government can be saved of the unnecessary expenditures on security of persons who are relatively harmless and are deserving of maintaining themselves in a self-disciplined environment. In this way, greater expenditure can be made on security in high profile prisons, meanwhile shifting low profile prisoners with good conduct to jails that are cheap and easy to maintain.

Secondly, the prisoners living in open prisons take up fruitful employment that contributes positively towards economic growth and prevents unemployment. A comparison can be made between a worker of open prison who goes out and finds job as a daily wage labourer and a prisoner who is made to do some odd jobs as per requirement only by payment of minimum wages (or even less than that).While the latter does not count as employment but at times can be called begar, the former is an example of employment. Many residents of open prisons also run small dhabas, tea stalls or work for a monthly wage. So they contribute positively to society. So, capable prisoners can be made a good human resource for the country than wasting precious time in administrative delays.

While the traditional prisons can promote delinquents if not treated properly by the administration, the latter have high chances of reformation.