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The Supreme Court has appointed a court commissioner to inspect and report on the Sanganer open prison site following a dispute over a hospital construction project.
The dispute originates from the Jaipur Development Authority's plan to allocate land for the construction of a hospital in the Sanganer area, which includes the open jail. Social workers filed a contempt petition, claiming that the construction would disrupt the jail's operations.
The Supreme Court appointed a court commissioner to inspect the site and provide a report within four weeks. The court emphasised the importance of balancing the requirements of the open jail with the construction of a hospital.
According to the Model Prisons and Correctional Services Act of 2023, it is a facility in which prisoners are confined under specific conditions that give them more freedom, to facilitate their rehabilitation after release. In these prisons, prisoners can engage in activities such as agriculture and other work that will help them reintegrate into society.
Open prisons are designed with minimal security, allowing prisoners to participate in activities outside of the prison. The nature of the crime, behaviour in jail, and time served all play a role in the selection process for these prisons.
Some open prisons are located within closed prisons, but prisoners in open prisons have the opportunity to participate in community service. These jails help to alleviate overcrowding and make it easier for prisoners to adjust after being released.
India currently has 91 open jails spread across 17 states. These jails can hold up to 6,043 inmates. Rajasthan has the most open jails (41), followed by Maharashtra (19). The first open jail in independent India was founded in 1949 in Lucknow, Uttar Pradesh, and the concept has evolved since then.
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Sanganer open jail in Rajasthan was established in 1963, it allows prisoners to live with their families, including children. The jail also has a self-governing system, including a bandi panchayat and a primary school for both prisoners and children. |
Despite the advantages, open prisons face numerous challenges. There is underutilisation, with many open prisons having empty spaces. Many prisoners who could benefit from rehabilitation are denied it due to stringent and sometimes arbitrary eligibility criteria.
The lack of uniformity in rules across states as a result of the subject's inclusion on the state list contributes to inequality. More accountability is needed in prison administration and selection.
Relaxing eligibility requirements and expanding the number of open prisons are two ways to improve the situation. The current facilities must be used more effectively. To guarantee uniform reforms throughout the nation, the prison system ought to be included on the Union list.
Introducing semi-open prisons may benefit mentally disturbed prisoners. Increasing prisoners' awareness about their rights and the selection process would encourage better behaviour and rehabilitation.
Open prisons are essential for reformative justice because they allow prisoners to reconnect with society and prepare for their release. They mitigate the negative effects of imprisonment by providing a place for prisoners to work, live with their families, and engage in social activities. The current system requires improved implementation and reform. Expanding and improving open prisons across states would help to reduce overcrowding, improve prisoner rehabilitation, and, ultimately, lower custodial death rates.
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PRACTICE QUESTION Q.Critically analyze the potential benefits and challenges of establishing open-air camps in India. (250 words) |
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