The Supreme Court has ordered sweeping reforms of Open Correctional Institutions across India, setting up a high-powered panel led by Justice (Retd) Ravindra Bhat. States must assess feasibility, include women prisoners, revise rules, and submit action plans within three months
The Supreme Court has ordered the setting up of a high-powered panel under a retired judge. File pic
The Supreme Court of India, in view of reforming open prisons, has ordered the setting up of a high-powered 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 months.
A 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 prisons.
Supreme Court forms committee to lead reforms
The apex court appointed former Supreme Court judge Ravindra Bhat as the Executive Chairperson of the newly formed High-Powered Committee for Reform and Governance of OCIs.
The 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 Chairperson.
Furthermore, 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 weeks.
Reformation
In a strongly passed judgment, the Supreme Court further underscored that “reformation, rehabilitation and reintegration must lie at the heart of the criminal justice system”.
The court also observed that the right to life under Article 21 of the Constitution includes the State’s obligation to facilitate rehabilitation and ensure prisoners can lead lives of dignity.
The court noted that the continued underutilisation of existing OCI infrastructure reflects “systemic indifference” and warrants immediate corrective measures.
States without open prisons asked to assess feasibility
In 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 months.
Furthermore, the states that reported underutilisation of open prisons and open barracks have been directed to develop time-bound protocols to fill vacancies within the same period.
Inclusion of women prisoners mandated
Taking serious note of the systemic exclusion and under-representation of women prisoners in open prisons, the court held that such exclusion is contrary to domestic and international norms.
Furthermore, 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 inmates.
Expansion plans
The apex court further addressed strict eligibility criteria, inadequate rehabilitative avenues, and the absence of uniform standards across states and union territories.
It directed governments to amend or revise existing rules and administrative frameworks governing OCIs within three months to give full effect to the judgement.
Additionally, 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 targets.
Monitoring by high courts
In view of supervising that the orders of the court are followed strictly, the Supreme Court also introduced a stringent monitoring mechanism.
All 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 judge.
State 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, 2027.
‘Historic and unprecedented’ judgment
Calling 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 levels.
“This 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 dignity,” Chakma stated.
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