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Women inmates can’t be shut out of open prisons, rules SC
The SC ruled that women prisoners cannot be excluded from open jails on vague security grounds, deeming it gender discrimination and unconstitutional.
New Delhi: The Supreme Court on Thursday ruled that women prisoners cannot be shut out of open correctional institutions (OCIs or open jails) on vague “security” grounds, declaring their exclusion from such facilities to be “blatant gender discrimination” and violative of their Constitutional rights.
In a far-reaching judgment aimed at ushering in structural prison reforms, a bench of justices Vikram Nath and Sandeep Mehta issued a slew of binding directions to the Centre, states and Union territories to end the systemic exclusion of women from open prisons, rationalise eligibility norms, expand infrastructure and adopt uniform national standards.
“Security concerns shall generally not be made a ground to deny women prisoners access to OCI facilities,” ruled the court, directing governments to evolve “gender-sensitive and security-conscious mechanisms” that facilitate, rather than frustrate, their access.
The verdict came on a petition filed by civil rights activist Suhas Chakma seeking effective use of OCIs to address prison overcrowding and advance rehabilitation. Senior advocates K Parameshwar and Vijay Hansaria assisted the court as amicus curiae.
The bench noted that several states, including Assam, Gujarat, Madhya Pradesh, Odisha, Punjab, Telangana, Uttarakhand, Uttar Pradesh and West Bengal, had categorically stated that women were not eligible for transfer to OCIs. Even in jurisdictions such as Delhi, Karnataka and Tamil Nadu, where women were technically eligible, no transfers had taken place.
Calling this a “deeply troubling pattern”, the court held that exclusion of women from open prisons was inconsistent with the Model Prison Manual, 2016, and international standards including the Nelson Mandela Rules and the Bangkok Rules.
“The right to reformation, flowing from Article 21, inheres in every prisoner,” said the bench, adding that administrative convenience could not substitute constitutional obligation.
The court directed all states and UTs to review and amend any rules that directly or indirectly exclude women from open prisons within three months, and to create dedicated facilities wherever integration into existing OCIs is not feasible.
High-powered committee for Uniform standards
Recognising the absence of uniformity in governance, eligibility criteria and rehabilitative facilities across the country, the court also ordered the constitution of a high-powered committee for “Reform and Governance of Open Correctional Institutions”.
The panel will be chaired by former Supreme Court judge Justice S Ravindra Bhat, with representation from the Union home ministry, state home secretaries, the Bureau of Police Research and Development, the Ministry of social justice, the Ministry of skill development, and prison authorities.
Its mandate includes drafting common minimum standards for governance and management of OCIs, harmonising correctional practices across States, recommending standardised eligibility assessment protocols, and ensuring gender-sensitive and inclusive access, including for women and transgender prisoners.
The committee has been asked to submit its report within six months of its first meeting. The National Legal Services Authority (NALSA) will act as the nodal agency. Advocate Rashmi Nandakumar appeared for the NALSA. The case will be taken up next on September 1.
Addressing underutilisation and overcrowding
The judgment also addressed the chronic underutilisation of open prisons. According to the Prison Statistics India 2022 report of the National Crime Records Bureau, there are 91 open jails nationwide, with 41 in Rajasthan and 19 in Maharashtra. Yet many states reported significant vacancies.
All states and UTs have now been directed to prepare time-bound protocols within three months to fill existing vacancies, reassess strict eligibility criteria that keep prisoners confined to closed jails for long periods, and ensure that OCIs function as genuine rehabilitative spaces -- not “labour camps or spaces of custodial convenience”.
The court mandated structured skill development, fair wages linked to minimum wage norms, access to healthcare, education and digital literacy, community-based employment opportunities, and promotion of family integration including home leave and cohabitation where feasible.
To prevent the directions from remaining on paper, the Supreme Court directed all high courts to register suo motu writ petitions as continuing mandamus to monitor compliance. Each state and UT must constitute a monitoring committee headed by the executive chairman of the state legal services authority within four weeks. Quarterly status reports must be submitted to the respective high courts, with annual consolidated reports to be placed before the Supreme Court.
“The enduring strength of a constitutional democracy lies not in the severity of its punishments, but in its commitment to restore dignity, hope and opportunity,” emphasised the bench, underlining that prisoners do not cease to be bearers of constitutional rights upon incarceration.
