Why in news?

A Supreme Court-appointed commissioner will visit the Sanganer open prison, one of India’s largest.

The visit follows a dispute over the Rajasthan government’s plan to construct a hospital on land currently used by the jail. The Supreme Court, during a hearing on November 25, directed the commissioner to inspect the site and submit a report within four weeks.

What’s in today’s article?

• Open Prison
• History of Open Jails in India
• Sanganer Open Jail: A Model for Open-Air Camps
• Dispute Over Land Allocation at Sanganer Open Jail

Open Prison

• Definition
  • The Model Prisons and Correctional Services Act, 2023, defines open correctional institutions as facilities offering eligible prisoners more freedom outside regular prisons to aid their rehabilitation.
  • Since prisons are a state subject, state governments set their own rules for establishing open jails, with eligibility typically based on the nature of the crime, inmate behavior, and sentence completion.
• Features
  • Open jails have minimal security, allowing convicts to engage in activities like agriculture.
  • These facilities help reduce overcrowding in regular prisons and facilitate prisoner reintegration into society.
  • Some states designate separate areas within closed jails for open jail inmates, while others establish independent colonies where prisoners may live with their spouses under restricted movement.

History of Open Jails in India

• Background
  • The first open jail in independent India was established in 1949 in Lucknow, Uttar Pradesh, followed by similar jails in other parts of the state in 1952.
  • The concept of open-air camps was proposed at the Hague Conference in 1952 to help prisoners lead a near-community life after completing part of their sentence.
• Justice Mulla Committee on Open Jails (1980-83)
  • The All-India Committee on Jail Reform, also known as the Justice Mulla Committee, reported 28-30 open jails in India during 1980-83.
  • It highlighted the lack of a legal framework in many states and noted that only 13 states had rules for open jails.
  • The committee recommended:
    • Using land near closed prisons for open jails.
    • Engaging inmates in work-based activities like agriculture, dairy farming, and projects such as dam construction.
    • Providing uniform wages, as some states offered only token wages while others paid at community-level rates.
• Current Status of Open Jails in India
  • As per the Prison Statistics of India 2022, there are 91 open jails across 17 states, with a capacity of 6,043 inmates and 4,473 prisoners currently lodged.
  • Rajasthan has the highest number of open jails (41), followed by Maharashtra (19). Open jails remain a significant initiative to reduce overcrowding and rehabilitate prisoners.

Sanganer Open Jail: A Model for Open-Air Camps

• Historical Background
  • The Sanganer open jail, also known as Sampurnanand Khula Bandi Shivir, was established in 1963.
  • It has operated continuously, unlike other open jails that faced closures due to issues like prison breaks.
• Unique Features
  • Accommodation for Families: Inmates can live with their spouses and children, fostering a family-like environment.
  • Self-Sufficiency: Inmates pay for water and electricity, construct and maintain their own homes, and earn a living through local community jobs such as running shops.
  • Self-Governance: The jail has bandi panchayats, where prisoners manage roll calls twice daily and oversee internal governance.
• Infrastructure and Community Integration
  • Facilities: The complex includes a primary school (open to local children), anganwadis, and a playground.
  • Work Opportunities: Inmates work within the local community, ensuring financial independence.
  • Access to Technology: Inmates have access to phones, promoting better communication.
• Inmate Selection Criteria
  • Unlike most open jails, where prisoners nearing the end of their sentence are admitted.
  • Sanganer requires prisoners to have completed at least 6 years and 8 months of their term, along with good conduct.
• Legacy and Influence
  • The Mulla Committee recommended replicating Sanganer as the “final stage in the open camp movement.”
  • Inspired by its success, many additional open-air camps have been established in Rajasthan, making it the state with the highest number of such facilities in India.

Dispute Over Land Allocation at Sanganer Open Jail

• Background: Supreme Court’s Previous Directive
  • In May 2024, the Supreme Court ruled that areas of open jails should not be reduced, emphasizing the importance of preserving such spaces.
• Contempt Petition filed
  • Filed by a social worker, the petition argues that the Rajasthan government’s plan to allocate 21,948 square meters of jail land for a hospital will disrupt the ecosystem of this unique and successful open jail model.
• State Government’s Position
  • The government denies any attempt to reduce the jail’s area.
  • It claims that some structures for prisoners were constructed unauthorizedly and proposes to allot additional land to relocate prisoners to new shelters.
• Supreme Court’s Stance on this issue
  • On November 25, the SC bench emphasized balancing the needs of the open correctional home and the hospital, which would serve the surrounding community.
  • The court also appointed a court commissioner who will inspect the site and submit a report.