Open Prison
What is an 'Open Prison'?
Open prisons are popularly known as prisons without bars. They are correctional facilities which focus on the rehabilitation of prisons and their reintegration into society. They are primarily characterized by minimal supervision and security based on trust and security. Open prisons generally encourage prisoners to take and practice occupation either of their choice or of recommendation of the prison.
Open prisons are versatile facilities of detention which exist in a variety of locations such as a village (Sangener), temporary clay huts (Jyetsar), backyards of a closed prison (Alwar), university campuses (Bikaner CRC) and plantations (Nettukaltheri).
Official Definitions of Open Prisons
Open Prisons as Defined in Legislation
The Rajasthan Prisoners Open Air Camp Rules, 1972 define open prisons as, “prisons without walls, bars and locks.”[1]
Delhi Prisons Rule, 2018[2] and Goa Prisons Rules, 2021[3] define Open Prisons as “any place within the prison complex so declared by the Government for temporary or permanent use for the detention of prisoners in which the prisoners are trusted to serve their sentences with minimal supervision and perimeter security and are not locked up in prison cells. Prisoners may be permitted to take up employment outside the prison complex while serving their sentence.”
According to the Haryana Prison Rules 2022[4], an open prison or semi-open prison” means any place or part or barrack inside any prison complex or any prison which is declared by the Government as such for the confinement of eligible convicted prisoners on such conditions, as may be prescribed for giving them more liberty and more opportunity of association with the social life and facilitating their rehabilitation after release”.
Open Prisons as Defined in Other Official Documents
The All-India Committee on Jail Reforms[5] (1980-83) popularly known as the Mulla Committee refers to Open Prisons by stating that, “These work-based camps would have a small inmate population and have bare minimum security arrangements. Further, the inmates would work and earn parity wages. Open-air jails have no security walls. Some of them may not have even barbed wire fencing.”
International Experience
Open Prisons are present in nations across the world with the most prevalent and successful models in Scandinavian Nations.
1950 International Penal and Penitentiary Congress, The Hague[6]
It was argued here that true open prisons don't rely on physical barriers to prevent escape. Instead, they should focus on trust. The Congress suggested other prisons with relaxed security measures, like those without walls or with open housing within a perimeter, might be better classified as "medium security."The key feature of an open prison, according to the Congress, is the trust placed in inmates to follow the rules without constant supervision. The rehabilitation program should emphasize developing personal responsibility. This congress was succeeded by regional sessions such as the Latin American Seminar on the Prevention of Crime and Treatment of Offenders in Rio de Janeiro, Consultative Group on the Prevention of Crime and Treatment of Offenders, Geneva, Middle East Seminar on Crime and the Treatment of Offenders and the Asia and Far East Seminar on Crime and the Treatment of Offenders in Rangoon.
Appearance of Open Prisons in Database
Crime in India for Year 2022 (NCRB statistics)[7]
This annual report is published by the National Crime Record Bureau with the most recent report being for the year 2022. This includes data published on Open Prisons such as the number of open prisons along with the number and demographics of open prisons across the states of India.
Research that Engages with Open Prisons
The Open Prisons of Rajasthan[8]
This report was published by the Rajasthan State Legal Services Authority on the basis of an independent study conducted by Ms.Smitha Chakraborthy in 2017. This report comprises of a comparative study of the Sangener Open Prison and the Jaipur Central Prison, information on the different kinds of open prisons in Rajasthan and the demographics of their prisoners and suggestions on the way forward.
Beyond the Walls: A Comprehensive Look at the History and Future of Open Prisons [9]
This is the Phd dissertation of Adv. Sanjay Sarraf. It covers areas such as prison reform trends in India and globally and role of judiciary and forensics.
- ↑ https://home.rajasthan.gov.in/content/dam/homeportal/jaildepartment/pdf/Rules-Act-Notification-Amendments/THE%20RAJASTHAN%20PRISONERS%20OPEN%20AIR%20CAMP%20RULES,%201972.pdf
- ↑ https://tiharprisons.delhi.gov.in/sites/default/files/Tiharprisons/generic_multiple_files/delhi_jail_manual-2018_english.pdf
- ↑ https://www.goa.gov.in/wp-content/uploads/2021/08/Goa-Prisons-Rules-2021-Official-Gazette.pdf
- ↑ https://haryanaprisons.gov.in/sites/default/files/Haryan%20prisons%20rules%202022.pdf
- ↑ https://www.mha.gov.in/sites/default/files/Mulla%20Committee%20-implementation%20of%20recommendations%20-Vol%20I.pdf
- ↑ https://www.unodc.org/documents/congress//Previous_Congresses/1st_Congress_1955/087_ACONF.6.C.2.L.1_Open_Institutions.pdf
- ↑ https://ncrb.gov.in/uploads/nationalcrimerecordsbureau/custom/1701607577CrimeinIndia2022Book1.pdf
- ↑ https://www.rlsa.gov.in/pdf/OpenPrisonBook17.PDF
- ↑ https://www.researchgate.net/profile/Adv-Sanjay-Sarraf/publication/372479456_Beyond_the_Walls_A_Comprehensive_Look_at_the_History_and_Future_of_Open_Prisons/links/64b94f5fb9ed6874a5313dc8/Beyond-the-Walls-A-Comprehensive-Look-at-the-History-and-Future-of-Open-Prisons.pdf
