Supreme Court Mandates National Reform of Open Correctional Institutions

The Supreme Court of India established a High-Powered Committee for creating 'Common Minimum Standards' for rehabilitative justice across India, thereby also mandating the expansion of Open Correctional Instituations/ Open-Air Prisons, for both Men and Women prisoners.

Case Background: The Writ Petitioner appeared before the Apex Court highlighting the "chronic overcrowding" of Indian prisons, which according to the National Crime Records Bureau (NCRB) 2023 report, stands at a staggering nationwide occupancy level of 120.8%, with some states even exceeding 150% of their maximum capacity.

The petitioner argued that such a congestion is inhuman and degrades the living conditions of the individuals, thereby infringing upon the fundamental rights of inmates.

*The Supreme Court emphasized that a constitutional democracy is tested by how it treats its most marginalized, including those lawfully confined.

The Court further reitrated that the Article 21 of the Constitution of India does not cease to operate at the prison gates, and that the incarceration must not degenerate into inhumanity.

The Apex Court relied on the fiscal data collected from the State of Rajasthan, and took it as a compelling case for Open Correctional Institutions by observing that while closed prisons cost approximately Rs. 333.12 per prisoner per day, open prisons operate at a mere Rs. 49.60 per day. Apart from the huge cost difference which is driven by inmate self-sufficiency and lower staffing requirements (80:1 ratio in open vs 6:1 in closed), it makes the OCIs a "fiscally rational" correctional strategy.

Additionally, the Court found the categorical exclusion of women from OCIs in states like Assam, Gujarat, and Uttar Pradesh to be a "troubling pattern" of discrimination and ruled that denying women access to reformative institutions based on speculative security concerns violates Articles 14, 15, and 21 of the Constitution of India, and held that gender-sensitive security protocols shall be developed instead of total exclusion.

Thus, Supreme Court of India upholding the protection under Article 21 of Constitution of India mandates the expansion of Open Correctional Institutions and addressed the "stark lack of uniformity," and madates the formulation of Common Minimum Standards for eligibility criteria, wages, and family integration protocols across India.

Invoking its power of continuing mandamus, the Apex Court directed all High Courts to register suo motu writ petitions to monitor the establishment and functioning of OCIs within their jurisdictions.

Coram: Justice Vikram Nath and Justice Sandeep Mehta.