Notes on Open Prisons in India

OPEN PRISON SYSTEM IN INDIA Open Prison: Penal facility built without bars on the windows, locks on the doors or walls surrounding the prison. RALF DE SOLA Introduction:Prisons have come to occupy the central place in the administration of Justice all over the world. The prison system has come a long way from the concept of jails (which were the dens of extortion, barbarous treatment and moral corruption) to the modern prisons; a place full with all sorts of treatment meant ultimately for rehabilitation of offenders. The prison system as it operates today in India is a legacy of the British rule. It facilitated the abolition of our old system of barbarous punishments and substitution of imprisonment as a chief form of punishment for the commission of crimes. The emergence of open prisons marks the beginning of a new phase in the history of the prisons. Meaning and definition of Open Prison:Various aspects go together to make a prison open in real sense. There is no single definition of open prison but it is generally accepted that it refers to “a place where prisoners have comparative freedom of movement, are under minimum security conditions and are places for self improvement and rehabilitation. An open prison, also called minimum-security prison, open camp, or prison without bars, is a prison which is open in four respects: i. Open to prisoners, i.e., inmates can go to market at sweet will during the day but have to come back in the evening; ii. Open in security, i.e., there is absence of precautions against escape, such as walls, bars, locks and armed guards; iii.Open in organization, i.e., working is based on inmates' sense of selfresponsibility, self-discipline, and self-confidence; and iv. Open to public, i.e., people can visit the prison and meet prisoners. PHILOSOPHY OF OPEN PRISON/OBJECTIVES Open prison serves a dual purpose of eliminating criminals from society and reformation of offenders under institutional treatment, by blanketing out conditions which in the first place turned them to law violators.

The main objectives/reasons of establishing open prisons are: i. To reduce overcrowding in jails, ii. To reduce prison expenditure, as these prisons not require expensive security arrangements; iii.To create the atmosphere with the prison which is favorable, to improvement and rehabilitation. iv. To reward good behaviour, v. to give training in self-reliance, vi. to prevent frustrations and create hope among long-termers, vii.

to examine the suitability of releasing offenders from prisons, and

viii. To enable prisoners to live with their family members (in some states). In simple words the ill effects prisonization get liquidated. Due to excessive terrain and free movements the inmates psychologically feel relaxed and tension free which is a condition precedent for bringing an attitudinal change and making him friendly to rehabilitative techniques. Its greater object is his moral regeneration. It ensures better efforts and measure for protecting the rights and dignity of the prisoners and to facilitate the goal of their reformation and rehabilitation. Open air camps in Rajasthan have proved to be extremely successful and it is urgently required that such camps should be set up in all states with active support of civil society. Origin of Open Prisons and Philosophy behind it:The need of change of attitude towards the treatment of prisoners has been growing since independence. The policy of repression and vengeance is being gradually replaced by the policy of protection through corrective and preventive measures. And concept of open prison was introduced. In the closing years of 19th century, a semi open prison institution called the Witzwill was set up in Switzerland (1891). However in modern sense first open prisons were established in UK, in 1936 called as NEW HALL CAMP and in USA around 1940. In India, the first open prison was started in 1905 in Bombay Presidency. The prisoners were selected from the special class prisoners of Thane Central Jail, Bombay. However, this open prison was closed in 1910. The state of Uttar Pradesh established the first open prison camp (°Pen camp”) in

1953 for the construction of a dam over Chandraprabha River near Benaras (now Varanasi). Today open prisons exist in most of the states in India except in Union Territories. Till 1980 there were only 27 open prisons in India where as the existing position is that they are 44 in number and more than half of them exist in the State of Rajasthan (23 in number). Finally, the concept of an open prison for women, which was long overdue, has become a reality. The first open prison for women in India was established at Yerwada, Pune in 2010 and the first open prison for women in South India has been opened at Poojappura, Kerala in 2012.Selected women prisoners are shifted to these new prisons. Women prisoners here are allowed to roam the premises and farmland in related freedom. There are many jails throughout the country only for men, now the women prisoners may also be able to get the same benefits which their male counterparts are entitled to. Philosophy of open prisons:- The philosophy underlying those minimum security institutions is based on the following basic assumptions:i. A man is sent to prison as punishment and not for punishment. ii. You cannot train a man for freedom unless conditions of his captivity and restraints are considerably relaxed. iii.The gap between the institutional life and free life outside the prison should be minimized so as to ensure the return of inmate as a law abiding member of society. iv. The maxim “trust begets trust” holds good in case of prisoners as well. Therefore certain degree of freedom respond favourable and prisoner would not betray the confidence reposed in them. Eligibility Conditions:Eligibility conditions for admission to open prisons vary from state to state. The main conditions are: (1) Prisoners should be willing to abide by the rules of open prisons; (2) They should be physically and mentally fit to work; (3) They should have been sentenced for terms of one year or more and must have spent at least one-fourth of the total term of imprisonment in jail; (4) They should have record of good behaviour in prisons; (5) They should not be below 21 years or above 50 years of age as prescribed by the state;

(6) They should not have been convicted for certain types of crimes (like dacoity, forgery, counterfeiting, etc.); (7) They should not have any case pending in the courts; (8) They should not be habitual offenders; and (9) They should not be class I (one) prisoners or women prisoners. The procedure for selection of prisoners for open prisons is simple. The superintendents of prisons prepare lists of prisoners to be sent to open prisons on the basis of the eligibility conditions (as described above). These lists are sent to the selection committees which examine each case-history and make the final selection. Advantages of Open Prisons:(i) (ii)

They help in reducing overcrowding in jails. It controls the criminalization by separating the new comer from the habitual criminal.

(iii)

Open prisons improvement.

(iv)

Construction and operating cost is fairly reduced.

(v)

are

conducive

(helpful

to)

to

rehabilitation

and

Open prisons create a sense of self respect, freedom and discipline.

(vi)

The prisoners in an open air facility learn avocations which can help them earning livelihood upon release.

(vii)

Engaging inmates of open air prisons in productive work reduces idleness and thus keeps them physically and mentally fit.

Limitation of Open Prisons:(i)

It is argued by many commentators that open prisons are just the same old wine in new bottles, as the mentality of the prison staff is still the same with emphasis upon strict discipline, security and monotony.

(ii)

Moralists and retributists argue that open prisons are soft and so not seem like punishment thus depriving the criminal justice system of the value and utility of true deterrence. Punishment in their opinion must be seen and felt to be harsh and open prisons are not harsh enough to constitute punishment.

(iii)

It has been observed that the open system has been abused in some cases where due to money power, influence or corruption, wealthy and influential convicts are conveniently shifted to open prisons even though they are vicious and habitual and at times even professional criminals.

(iv)

Several studies have concluded that treatment in an open institution hardly matters as regards later recidivism. Any difference if at all shown is attributed to the quality of intake of the prisoners.

Conclusion:There is no doubt that open prisons constitute a possible and humane alternative to conventional prisons. Open prisons attempt to make the prisoner to settle in the society once again after incarceration, It not only give the prisoner a chance to cleanse himself internally but also give him job skills and ability to lead an independent life. Open prisons concentrate upon freedom, innovation, involvement, team work and trust and do away with the isolation and stigma of walled institutions and coercive routine which scars the personality of the prisoner and makes him feel unwanted and persecuted. Open prison serves a dual purpose of eliminating criminals from society and reformation of offenders under institutional treatment by blanketing out conditions which in the first place turned them to law violators. Open prison is more favourable to the social adjustment of the prisoners and at the same time more favorable to their physical and mental health. This open prison helps the prisoners to boost his confidence and create in the mind of prisoners a genuine desire for social readjustment.