Supreme Court orders nationwide open prison reforms, forms panel

The Supreme Court of India in view of reforming open prisons has ordered the setting up of a highpowered committee under Justice Retd Ravindra Bhat While passing a landmark the apex court focuses on streamlining Open Correctional Institutions OCIs across the country within three monthsA bench comprising Justices Vikram Nath and Sandeep Mehta in its judgment dated February 26 issued a slew of directions while hearing a Public Interest Litigation filed by human rights activist Suhas Chakma The petition highlighted overcrowding and inhumane conditions prevailing in Indian prisonsSupreme Court forms committee to lead reformsThe apex court appointed former Supreme Court judge Ravindra Bhat as the Executive Chairperson of the newly formed HighPowered Committee for Reform and Governance of OCIsThe committee will also include a nominee from the National Legal Services Authority NALSA a representative of the Union Home Secretary Home Secretaries of all States and Union Territories or their nominees a Deputy Inspector General Correctional Administration from the Bureau of Police Research and Development Joint Secretaries from the Ministries of Social Justice and Empowerment and Skill Development and Entrepreneurship and two Directors General of Prisons and Correctional Services from States to be identified by the Executive ChairpersonFurthermore the Centre through the Ministry of Home Affairs has been directed to bear all financial and logistical requirements of the committee Necessary arrangements must be completed within two weeksReformationIn a strongly passed judgment the Supreme Court further underscored that ldquoreformation rehabilitation and reintegration must lie at the heart of the criminal justice systemrdquoThe court also observed that the right to life under Article 21 of the Constitution includes the Statersquos obligation to facilitate rehabilitation and ensure prisoners can lead lives of dignityThe court noted that the continued underutilisation of existing OCI infrastructure reflects ldquosystemic indifferencerdquo and warrants immediate corrective measuresStates without open prisons asked to assess feasibilityIn view of streamlining the establishment of open prisons in India the Supreme Court has directed states that currently do not have OCIs to assess the feasibility and necessity of establishing them within three monthsFurthermore the states that reported underutilisation of open prisons and open barracks have been directed to develop timebound protocols to fill vacancies within the same periodInclusion of women prisoners mandatedTaking serious note of the systemic exclusion and underrepresentation of women prisoners in open prisons the court held that such exclusion is contrary to domestic and international normsFurthermore all states and UTs have been directed to develop protocols within three months to restructure existing OCIs and open barracks to allocate adequate capacity for women inmatesExpansion plansThe apex court further addressed strict eligibility criteria inadequate rehabilitative avenues and the absence of uniform standards across states and union territoriesIt directed governments to amend or revise existing rules and administrative frameworks governing OCIs within three months to give full effect to the judgementAdditionally each state and Union Territory must undertake a comprehensive assessment of prison infrastructure and submit action plans for establishing and expanding open prisons including timelines budgetary provisions and capacity targetsMonitoring by high courtsIn view of supervising that the orders of the court are followed strictly the Supreme Court also introduced a stringent monitoring mechanismAll the high courts have been directed to register suo motu writ petitions as continuing mandamus to monitor compliance within their jurisdictions Further every state and union territory must constitute a monitoring committee for OCI management within four weeks headed by the executive chairman of the state legal services authority or a nominee including a former high court judgeState committees will submit quarterly status reports to their respective high courts with the first report due by August 21 The high courts in turn must forward consolidated annual reports to the Supreme Court with the first such report due by March 31 2027lsquoHistoric and unprecedentedrsquo judgmentCalling the verdict historic petitioner Suhas Chakma said the ruling establishes an operational structure with strict deadlines and judicial oversight at both the high court and Supreme Court levelsldquoThis is a historic judgment unprecedented in many respects and possibly one of the rarest judgments that established operational structure and infrastructure for implementation of the directions with strict deadlines to be monitored by each High Court and the Supreme Court itself The judgement of the Supreme Court is truly a genuine step to treat the lowest ones with human dignityrdquo Chakma stated