A PRISON WITHOUT BARS

 

 

On December 2015, United Nation Adopted the Standard Minimum Rules for Prisoners (Nelson Madela Rules) which enlisted the Rights of the Prisoners such as Right to Life including Right to Contact the outside World.

Paradigm of Reformative Punishment does not support the traditional Human Jails with Bars but it is more liberal and supports the concept of Open Prison which is a Prison with minimum security.

Challenging the outdated punishment of prison emphasizes on Rehabilitation and Conformity to changing it to Human Right Norms. An alternative strategy is distinguished by less restrictive setting of Open Prison. But it brings about a bigger question for security threats.

The concept of open prison was first developed in United Kingdom in 1930, only selected prisoner was transferred from traditional prison to open prison. These prisoners were involved in doing agricultural work, in Factories and Industries and the money earned by these prisoners was given to their family and a small administrative charge was to be paid to the Jail.

India first open prison was established in1949, when a small annex was created at a model prison, Lucknow. It was primarily aimed to aid in the rehabilitation of inmates and their reintegration into society after their release.

The idea was extended in 1953, in the state of Uttar Pradesh, which set an open prison camp to facilitate the building of a Dam on Chandprabha River near Varanasi. These camps were called “Sapmpurnand Camps”, named after a reformist who supported the cause of Open Prison. In this kind of jail the prisoner is trusted to complete sentences with minimal supervision and perimeter security and are often not locked up in prison cells. They are permitted to take employment while serving their sentence.

Does the conventional prisons are effective in promoting rehabilitation, it has been questioned due to their punitive orientation and constructed surroundings. But open prisons provide self-control and trust with minimum security set up. Though the fact remains that open prisons does not have surrounding depending mostly on the sense of responsibility and reintegration commitment of their inmates. Most of them take part in Labor programs, live in dormitories, and have opportunities for monitored community interactions. The aim is to prepare prisoners for smooth reintegration into the society with the sense of accountability. It may be useful in lowering the rates of Recidivism.

THE BANDI PANCHAYAT SYSTEM:

Under this scheme 5 prisoner are selected who become member of panchayat and look in to the administrative functions of the prison. They have the responsibility of conducting the roll call of the prisoners and maintain attendance register. They ensure that prisoner maintain discipline and collect the electricity bill of the prison.

If we talk about the routine which is followed daily is that very Morning at 6 A.M a roll call takes place where the prisoner is allowed to move out and next roll call is at 7 P.M where the prisoner return to the prison.

 

 

The Open Prison aims at encouraging and rewarding good behavior and give prisoners an opportunity to social adjustment and economic independence. The convict is expected to spend one third of its sentence in closed prison.

As Per NCB report in 2022 there are total 91 Open Prisons in India. across 17 states but Arunachal Pradesh, Chhattisgarh, Goa, Haryana, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura and U.T’s having none.

 

ADVANTAGES:

Cost Effective:

Out Of 5,73,220 prisoners 4,34,302 are under trail prisoners and as we already know that the prison is already overcrowded. Under such circumstances, to ensure that such under trail prisoners do not face the wrath of prisons without concrete conviction, Open Prison can provide a very viable solution to redress the current problem of overcrowding. A comparative data between Central Prison at Jaipur, and Open Prison at Sanganer, spells out that Open Prisons are not resource intensive but rather cost effective.

Fundamental Right Protected:

The Fundamental Right of inmates particularly the under trails, their family members and communities are well protected.

Rehabilitation over Punishment

-Modern correctional philosophy emphasized rehabilitation over punishment.

Conducive Place:

 -For the Under-trail Prisoners who has been falsely implicated in any case have to go through the ordeals of the police and courts. Open Prison provide a conducive environment for confession, inquiry and for reformation. In case of under trial woman sick and juvenile who are more venerable to abuse this is an ideal place.

DISADVANTAGE: 

-Escape by Inmates: One major challenge which is faced is that there is an ample scope of escape by inmates. To overcome this suitable selection process should be operational considering physiological assessment and evaluation.

–Refusal to move out from the prison: Since some prisoners are allowed to set up their livelihood in and around the prison and at times they also stay with their families, so they refuse to move out of the place as prisons are cost free for them in a prime location.

WAY FORWARD:

Prison management comes under the scope of State List but the center is well equipped to formulate laws under Article 253 of the Constitution, which enables the center to implement International Treaties, Agreement or Conventions. A uniform systematized an inclusive model scheme can be enacted which demarcates the eligibility of Open Prisons which will strengthen the commitment of reformative incarceration.

The success of model prison can instill the necessary confidence in the system and guarantee that there is no opposition to promote open prison when it comes to building of trust building a society and the convicts.

To assess the casual relationship between the success of the project and gainful employment of inmates and to guarantee that there is no Recidivism among them. Therefore, extensive monitoring of the projects and the inmates is required

CONCLUSION:

It may result in lowering Recidivism Rates, Cost Effectiveness and emphasis on rehabilitation of inmates. It will prove to be a potent tool for inmates to reintegrates into society by providing more progressive stands or incarcerations.

– MAMTA SINGH SHUKLA

(ADVOCATE DELHI HIGH COURT)

MOBILE – 9560044035

Email id – adv.mamtasinghshukla@gmail.com