Introduction
The institution of prison serves a dual purpose of elimination criminals from society and
reformation and rehabilitation the offenders under institutional treatment by blanketing out
condition which in the first place turned them into law-violetears. It has now been generally
accepted that after care service must from an integral part of penal programme.
As a part of correctional service, it presupposes active heal and guidance to the discharged
prisoners through counselling and surveillance. The process has therefore, been called the
released “Prison’s convalescence”. The system of parole as a corrective measure and
rehabilitative process has been expanded in the form of open jails and open-air camps
during preceding five decades.
"SOCIETY MUST STRONGLY CONDEMN CRIME THROUGH PUNISHMENT, BUT BRUTAL
DETERRENCE IS A FIENDISH FOLLY AND IS KIND OF A CRIME BY PUNISHMENT. IT FRIGHTENS
NEVER REFINES; IT WOUNDS NEVER HEALS,"
Justice Krishna Iyer
What are open prisons?
About
Semi open or open prisons (jails) are correctional facilities deigned without the traditional
high walls, barded wire and armed guards. Instead, they rely on inmate self- discipline and
community engagement. Unlike traditional closed jails.
Open jails, based on the reformative theory of justice focus on rehabilitating inmates rather
than solely punishing them. This approach emphasizes transforming prisoners into law-
abiding citizens through self-discipline and community integration.
Open-air prisons play an important role in the scheme of reformation of prisoners which has
to be recognised as one of the essential objectives of prison management. They represent
one of the most successful applications of the principle of individualisation of penalties with
a view to social readjustment because introduction of wage system, release on parole,
educational, moral and vocational training of prisoners are some of the characteristic
features of the open-prison system. Besides, open institutions are far less costly than the
closed prison establishments and the scheme has a further advantage of Government being
able to employ in work, for the benefit of the public at large, the jail population which would
have otherwise remained unproductive. The monetary returns are positive and once put
into operation, the open jails acquire financial self-sufficiency.
1
Definition of Open prison
Criminologists have expressed different views about the definition of open prison. Some
writers have preferred to call these institutions as open-air camps. open jail or parole-
camps. The United Nations Congress on Prevention of Crime and Treatment of Offenders
held in Geneva in 1955, however, made an attempt to define an open prison as follows:
"An open institution is characterised by the absence of material and physical precautions
against escape such as walls, locks, bars and armed-guards etc., and by a system based on
self-discipline and innate sense of responsibility towards the group in which he lives".
In other words, open prisons are 'minimum 'security' devices for inmates to rehabilitate
them in society after final release. In India, they are popularly called as open jails.
Sir Lionel Fox, the Chairman of the Prison Commission for England and Wales described the
usefulness of open prison and observed, "of all the methods by which a prison regime may
hope to inculcate self-respect and self-responsibility and in other way prepare the prisoners
for a rational life in society, the open prison institution appears to be itself the most
effective."
Dr. C.P. Tandon, the then Inspector-General of Prisons, Uttar Pradesh defined open prison in
1959 stating that, "it is characterised by (a) the degree of freedom from physical precautions
such as walls, locks, bars and special guards; and (b) the extent to which the regime is based
on self-discipline and the inmate's responsibility towards the group. The objective of an
open peno-correctional institution is to aim at the development of self-respect and sense of
responsibility as well as useful preparation for freedom.... discipline is easier to maintain
and punishment seldom required, tensions of a normal prison life are relaxed and
conditions of imprisonment can approximately be closer to the pattern of normal life."!
Origin of Open Prisons
The emergence of 'open prisons' marks the beginning of a new phase in the history of
prisons. In the closing years of nineteenth century, a semi-open prison institution called the
Witzwill establishment was set up in Switzerland. Open-prisons in modern sense were,
however, established, in U.K. in 1930's and in United States around 1940's. Sir Alexender
Palerson, the member secretary of the Prison Commission of U.K. from 1922 to 1927 made
significant contribution to the development of open prisons in England. The philosophy
underlying those 'minimum security' institutions was based on the following basic
assumptions: -
2
1. A person is sent to prison as a punishment and not for punishment.
2. A person cannot be trained for freedom unless conditions of his captivity and restraints
are considerably relaxed.
3. The gap between the institutional life and free life outside the prison should be minimised
so as to ensure the return of inmate as a law-abiding member of society.
4. The dictum 'trust begets trust' holds good in case of prisoners as well.
Therefore, if the prisoners are allowed certain degree of freedom and liberty, they would
respond favourably and would not betray the confidence reposed in them.
The success of open prisons subsequently, led to establishment of 'hostel system' for
prisoners in U.K. and inspired by the English experience, other countries including India
adopted the scheme for reformation of offenders.
Origin and Development
The development of open prison institutions in India can be traced back from the middle of
the nineteenth century when the first All India Jail Committee was appointed in 1836 to
review the prison administration of this country. The Committee, in its report did not favour
employment of prisoners on major public works and therefore, the system fell into disuse
during the next twenty years. The Second Jail Committee was appointed in 1864 to review
the Jail administration. It was in 1877 that the question of employing prisoners on major
work sites such as digging of canals or dams etc. was reopened in the Prison Conference of
that year. The Conference strongly recommended that employment of prisoners as
labourers on large public works was not only valuable but also a necessary adjunct to jail
administration. This recommendation was subsequently accepted and followed in practice.
The All-India Jail Committee of 1919-20 re-asserted the need for humane treatment of
offenders. The Chairman of the Committee, Sir Alexender Cardew observed that the most
critical moment in a convict's life is not when he goes into the prison but when he comes
out of it. Having lost his character and social standing, he finds it difficult to adjust to the
normal life of a free society.
The Committee expressed a view that the open-air life and employment in the form of
labour were not averse to reformatory influences. Construction of jail buildings was
considered as a suitable form of such work for prisoners. Though this Committee thought
that the employment of prisoners on agricultural farms was the most natural and
appropriate form of labour especially for prisoners who were largely drawn from the
3
agriculturist background, but such employment involved distribution of labour over a very
wide area which made guarding and supervision difficult. Therefore, the idea was dropped.
During 1920-27, several provincial governments appointed Committees to review prison
administration and recommended changes of a far-reaching nature. But the question of
prisoner's employment did not go beyond expansion of cottage industries in prisons.
The post-independence period in India witnessed a radical change in the prison policy and
techniques of handling offenders. The old method of confining prisoners inside well-guarded
prisons was discarded as it served no useful purpose for the rehabilitation of criminals after
their release. With the advancement in knowledge of human behaviour, the part played by
psycho-social environment in the development of offender was emphasised. It was realised
that inmates should be afforded fullest opportunity to associate themselves with free
society and the gap between the life inside and outside the prison should be narrowed
down as far as possible. Open Air Camps have done commendable service in achieving this
objective.
The first scientific effort to modernise prison in India was made by Sir Walter Reckless, the
U.N. Technical Expert who visited India in 1952 when he submitted an excellent report on
prison administration in India. As a result of this, All India Jail Committee was appointed in
1956-57 which worked for three years and made useful recommendations for prison
reforms. One of the recommendations of the Jail Committee was to set up open jails for the
rehabilitation of prisoners. The emphasis under this system was on self-discipline and self-
help. These open jails were characterised by the absence of material and physical
precautions against escapes so as to inculcate a sense of responsibility among inmates
towards the group in which they lie.
It must be stated that the basic philosophy behind the working of open prisons is utilisation
of prison labour for employment in open conditions. It must be stated that even though the
employment of prisoners in open conditions is more than a century old but the objectives of
such employment have vastly changed in the sense that originally it was meant to take hard
work from prisoners under conditions which were humiliating and dehumanising whereas
today, it is aimed at providing them with useful and meaningful work under conditions
which help them in restoring their self-respect and self-confidence.
Main Characteristics of Open Prisons
The main features of an open prison institution may briefly be summarised as follows: -
(1) It enables informal and institutional living in small groups with minimum measure of
custody.
4
(2) Its efforts to promote consciousness among inmates about their social responsibilities.
(3) It offers adequate facilities for training inmates in agriculture and other related
occupations.
(4) It provides greater opportunities for inmates to meet their relatives and friends so that
they can solve their domestic problems by mutual discussion.
(5) It allows liberal remissions to the extent of fifteen days in a month.
(6) It makes it possible to pay proper attention towards the health and recreational facilities
for inmates.
(7) The open jail institutions are managed by especially qualified and well-trained personnel.
(8) There is provision for financial assistance to inmates through liberal bank loans.
(9) It considers regular and paid work for inmates under expert supervision as the best
method of reformation of offenders; and
(10) The avoidance of unduly long institutional detention of prisoners is the basic policy
underlying the open jails.
Advantages of Open Prisons
The utilisation of open prisons during post-independence era has been most spectacular,
and elicited much interest among penologists because of the realisation that a substantial
proportion of prison inmates do not need retention in guarded prison enclosures. Instead,
those who are carefully selected can be placed in open air camps, farm colonies or other
outside work with a reasonable degree of safety. The obvious advantages of the open
prisons as compared with the conventional prisons may be briefly stated as follows: -
1. They help in reducing overcrowding in jails.
2. The operational cost is fairly reduced as prisoners do not require a lot of security and they
are allowed to find work and employment.
3. Engaging inmates of open-air prisons in productive work reduces idleness and keeps them
physically and mentally fit.
4. Open prisons offer opportunities for self-development and resocialisation to the inmates.
5. The removal of prisoners from general prison to an open prison helps in conservation of
natural resources and widens the scope of rehabilitative process.
5
The scheme of open jails for prisoners is essentially based on the twin system of probation
and parole which have gained popularity as correctional techniques of reformation in
modern penology.
OPEN AIR PRISONS IN DIFFERENT STATES IN INDIA
Open Prison rules in Maharashtra
The selection is governed by Maharashtra Open Prison Rules, 1971. As per the act a
Selection Committee consisting of:
Inspector General
Deputy Inspector general
Superintendent of the Prison, and
Superintendent of the Open Prison is formed
• Selection is done on the basis of:
• Good behaviour
• Mental and physical fitness
The period of imprisonment etc.
However, there is a long list of the ineligibility criteria, of which some are completely
arbitrary for e.g.
• Women prisoners
• Convicts of narcotics
Prisoners with any history of mental illness
• Professional murderers
Convicts of crimes like:
Collection of arms
• Sedition
• Crimes against the army etc.
This provision eliminates the possibility of rehabilitation of a large number of convicts, who
are actually in need of it and offers rehabilitation to those are who are not in dire need of
it.
However, the committee can consider certain special cases even if they're ineligible.
6
Open Prison rules in Rajasthan
As per the Rajasthan Prisoners open-air camp rules, 1972 the Open Jails aim at encouraging
and rewarding good behaviour and give prisoners an opportunity to social adjustment and
economic independence.
In Rajasthan the Jail Superintendent sends the list of potential prisoners to the Open-Air
Camp Advisory Committee and the decision is taken by the committee.
The eligibility criteria are similar to that of Maharashtra however, the convict is expected to
spend 1/3rd of the sentence in a closed prison.
Even in Rajasthan, arbitrary provisions for ineligibility exist such as:
• Convicts not having an abode in Rajasthan or
Have a place of Residence outside Rajasthan
• Prisoners below the age of 25 or above the age of 60
• Civil prisoners
. Unmarried prisoners
Prisoners with any history of mental illness
• Professional murderers
Convicts of crimes like a collection of arms, sedition, crimes against the army etc.
Although women are given access to open jails the provisions of Rajasthan are stricter than
those of Maharashtra. Such provisions don't provide equality to the convicts and thus are
violative of the rights of the prisoners.
The committee does not have the power to consider special cases, like Maharashtra.
Rajasthan also provides for a unique rehabilitation system, where every open prison has a
panchayat consisting of 5 to 7 members, who are selected by the prisoners, amongst the
prisoners.
This Panchayat looks after the daily management of the prison. This helps in improving
communication and leadership in the prisoners.
Open Prison Rules in Himachal Pradesh
Himachal has 7 open prisons. The working is governed in a similar way as Rajasthan,
however, the rape convicts, and convicts of other heinous crimes are also ineligible.
Criticisms of the Open Jails in India
Unnecessary and arbitrary provisions for ineligibility, which filter out many deserving
convicts.
7
• Under-utilisation of the Open Prisons. These prisons have a capacity to accommodate
25776 prisoners however, only 3786 prisoners are currently in these prisons (as of 2015).
This shows that despite the heavy overcrowding in the closed prisons, open prisons are
vacant.
• The prisoners in most states are selected by a committee, who have no accountability over
them, as they are not expected to provide reasons for their selections. This leads to
partiality and corruption.
• No measures are taken for the convicts beginning their sentence. At least, semi-open
prisons should be made open for the fresh convicts.
• No provision of Open Jails to under trial prisoners.
• Inadequate Open Prisons in every state. Some states are concentrated with Open Prisons
while some have just one and no Union Territory in India has an Open Prison. Due to the
state list subject, this inequality exists among different states.
• Open Prisons are the only rehabilitative prisons in India. Which also Favor only a small
number of convicts. There is a need for more rehabilitative provisions for other convicts, in
order to reduce the amounts of custodial deaths.
• The rules and laws governing the selection and administration are extremely old and thus
unfit for the present situations.
Reforms needed in the status quo
• The number of Open Prisons and better utilization of the currently existing ones through
amendments to the rules and relaxation of the strict eligibility criteria.
• Efforts should be taken to move the subject of prisons to the union list. As this will bring in
uniform reforms and every prisoner will get similar rights.
• In order to bring accountability in the selection procedure, the state committee should be
compelled to provide reasons to the Chief Minister of the concerned state for the selection
made. These documents should also be made available within the ambit of RTI so that
common people can also get access to it.
Semi-open Jail in order to provide rehabilitation to mentally disturbed prisoners, semi- open
jails should be promoted. They do not provide complete liberty, but there are no prison cells
and prisoners are provided with employment opportunities within the Jail campus. One of
the finest semi-open jails in India is the Tihar Semi-Open Jail in Delhi. Supreme Court or the
concerned High courts should also be given the jurisdiction to allow certain prisoners to
directly go to the Open Prison.
• Every prisoner whether in open or closed prison should be made aware of his/her rights
and should be informed about the process of selection to open prisons. This will not only
give the required information to the prisoners but will also reinforce good behaviour among
these prisoners.
8
Examples of open prisons
Nettukaltheri Open Prison & Correctional Home, Thiruvananthapuram
Cheemeni Open Prison & Correctional Home, Kasaragod
Poojapura Women Open Prison & Correctional Home, Thiruvananthapuram
Yerwada Open Jail, in Yerwada, Pune, Maharashtra
Tihar Open Jail, in Delhi
Sampurnanand Open Jail, in Sitarganj, Uttarakhand
Critical Appreciation
Though the working of open-jail during the first two decades of its beginning in India proved
to be useful and showed some positive results but there has been a sharp decline in the
popularity of these prisons in the recent past. Perhaps it is for this reason that there has
been no significant addition to the existing open jails in the new millennium. Even the idea
of an exclusive open jail for women did not gain much public support. Perhaps the true
reason for general apathy for open prisons is the extensive use of probation as a measure of
individualised treatment of offenders which seeks to bring about reformation and
rehabilitation of criminals within the community itself. Resort to semi-open technique of
open Jail is therefore, not mustering the desired public attention.
Another serious allegation against the working of open prisons is that they are looked upon
as taming places of miscreants. Many have questioned the advisability of maintaining them
at the cost of public exchequer. It is alleged that in an anxiety for reformation of prisoners,
the Busic fact that they are notorious and formidable criminals, is lost sight of. The inmates
more often than not, flout prison rules blatantly and even dictate terms to the prison
officials. In order to avoid "trouble" and confrontation with dreaded offenders, the prison
officials choose to do nothing but transfer their right and responsibilities to the powerful
"criminal chief" who commands power over his fellow- inmates because of his muscle
strength or past status. This deliberate malingering of duty in the name of promoting self-
discipline and self-reliance among the inmates, defeats the very purpose of open prisons.
The need of the day therefore, is to review the functioning of the existing open prisons and
introduce reforms which would be really beneficial to the inmates as also those coming in
contact with them.
The Jail Reforms Committee has suggested two kinds of open prisons, namely, open, and
semi-open jails and the criterion for booking prisoners to these
open jails should not be long-termers or short-termers but overall possibility of prisoner's
propensity to reform and re-socialisation. The open and semi-open prisons allow convicts to
work outside the premises of jail and earn a livelihood and return to the jail in the evening.
This concept should be adopted by the jail authorities across the country.'
Despite certain shortcomings in the working of open prisons, it must be accepted that these
open jails have become an essential part of the present-day prison system. They have
9
rendered commendable service to society in general and prison community in particular.
The working of open prisons over the years has proved beyond doubt that 'help' and not
'hate' should be guiding principle underlying modern prison administration. At the same
time, it also reflects upon the futility of long-term incarceration as a measure of
punishment.
open jails should not be long-termers or short-termers but overall possibility of prisoner's
propensity to reform and re-socialisation. The open and semi-open prisons allow convicts to
work outside the premises of jail and earn a livelihood and return to the jail in the evening.
This concept should be adopted by the jail authorities across the country.'
Despite certain shortcomings in the working of open prisons, it must be accepted that these
open jails have become an essential part of the present-day prison system. They have
rendered commendable service to society in general and prison community in particular.
The working of open prisons over the years has proved beyond doubt that 'help' and not
'hate' should be guiding principle underlying modern prison administration. At the same
time, it also reflects upon the futility of long-term incarceration as a measure of
punishment.
open jails should not be long-termers or short-termers but overall possibility of prisoner's
propensity to reform and re-socialisation. The open and semi-open prisons allow convicts to
work outside the premises of jail and earn a livelihood and return to the jail in the evening.
This concept should be adopted by the jail authorities across the country.'
Despite certain shortcomings in the working of open prisons, it must be accepted that these
open jails have become an essential part of the present-day prison system. They have
rendered commendable service to society in general and prison community in particular.
The working of open prisons over the years has proved beyond doubt that 'help' and not
'hate' should be guiding principle underlying modern prison administration. At the same
time, it also reflects upon the futility of long-term incarceration as a measure of
punishment.
Types of Open Prisons:
The Model Prison Manual classifies open prison institutions in India into three types:
o Semi-Open Training Institutions: Attached to closed prisons with moderate
security.
o Open Training Institutions/Work Camps: Focus on public works and
vocational training.
o Open Colonies: Allow family members to live with inmates, with
opportunities for employment and self-sufficiency.
10
Eligibility: Every state law defines the eligibility criteria of inmates who can be in an
open prison.
o The principal rule is that an inmate eligible for open air prison has to be a
convict. Good conduct in prison and at least five years spent in a controlled
jail are the rules followed by the Rajasthan open prisons.
o In West Bengal, a committee of jail and police officials selects prisoners with
a good conduct record for transfer to open jails.
Legal Framework: Prisons and prisoners are mentioned in Entry No. 4 of List II (State
List) of the 7th Schedule of the Constitution of India, making them a State subject.
o Prisons in India are governed by the Prisons Act, 1894, and Prisoners Act,
1900 and each state follows their prison rules and manuals.
International Perspective: Open prisons have been part of global correctional
systems for centuries. Early examples include Switzerland’s Witzwill (1891) and the
UK’s New Hall Camp (1936).
o The UN General Assembly’s Nelson Mandela Rules 2015 advocate for open
prison systems to aid rehabilitation, emphasising prisoner rights to
employment and outside contact.
Recommendations: The Supreme Court, in the Rama Murthy v. State of Karnataka
case 1996, endorsed the expansion of open jails. Various committees, including
the All India Prison Reforms Committee in 1980, have recommended the
establishment of open prisons across states.
o The National Human Rights Commission (NHRC) advocated the need for
open prisons and how they could solve prison overcrowding in several of its
annual reports from 1994-95 and 2000-01.
In India currently, there are 69 Open Jails:
Rajasthan (29), and
• Maharashtra (13) having the highest number.
As per the data of 2015:
• Open prisons have 3786 prisoners out of which 2227 prisoners are in the Maharashtra and
Rajasthan prisons.
• Almost 60% of the total prisoners in the open prisons are concentrated in two states.
• Many states have an open prison but do not accommodate any prisoners.
11
• The reasons for this overcrowding and at the same time under-utilization could be
because the Jails are a part of the state list and hence a collaborative approach cannot be
adopted by the states.
Open Jails are prisons without boundaries and cells
Key Judicial pronouncements:
Here’s an overview of notable case laws related to the open prison system in India, based
on judicial pronouncements that have shaped its development and implementation:
1. Rama Murthy v. State of Karnataka (1997)The Supreme Court of India emphasized
the need for prison reforms, including the expansion of open prisons. The Court
advocated for "more and more open prisons" to be established, starting at district
headquarters, as a means to address overcrowding and promote rehabilitation. It
recognized that managerial challenges associated with open jails were not
insurmountable given the potential benefits, such as reducing psychological stress
and aiding reintegration into society.
2. State of Maharashtra v. Prabhakar Pandurang Sanzgir (1966)While not directly about
open prisons, this case set a precedent for prisoners' rights under Article 21 (Right to
Life and Liberty). The Supreme Court ruled that a detainee could not be denied the
right to publish a book, highlighting that personal liberties extend even within
confinement. This judgment indirectly supports the philosophy behind open prisons,
which prioritize rehabilitation and minimal restrictions over punitive measures.
3. Bhim Singh v. Union of India (2014)The Supreme Court issued directives to states to
decongest prisons by releasing undertrial prisoners who had served half their
maximum possible sentence. While focused on undertrials, the judgment reflects the
Court's broader intent to reduce prison overcrowding, aligning with the rationale for
expanding open prison systems as an alternative to traditional incarceration.
4. Re-Inhuman Conditions in 1382 Prisons (2018)In this landmark public interest
litigation (PIL), the Supreme Court, led by Justice Madan B. Lokur, addressed
overcrowding and inhumane prison conditions. The Court directed states to utilize
and expand open prison facilities, citing Rajasthan’s open prison model as a
successful example. It urged the central government to frame guidelines under
Article 253 of the Constitution to ensure uniformity in the establishment and
management of open prisons across India, emphasizing their role in rehabilitation
and reducing prison populations.
5. D.K. Basu v. State of West Bengal (1997)Although primarily focused on custodial
torture and prisoners' rights, this case reinforced the judiciary’s stance on humane
treatment within the criminal justice system. The principles laid down—such as
dignity and fair treatment—support the reformative approach of open prisons,
which aim to treat prisoners with humanity rather than solely as subjects of
punishment.
6. Sunil Batra v. Delhi Administration (1978)This case expanded the scope of prisoners’
rights under Article 21, ruling that prisoners retain fundamental rights, albeit with
reasonable restrictions. The Court’s emphasis on humane conditions and
12
reformation over retribution aligns with the objectives of the open prison system,
which seeks to reintegrate inmates into society through trust and minimal security.
These cases collectively illustrate the judiciary’s evolving perspective on prison
reform in India, with a growing endorsement of the open prison system as a
rehabilitative alternative to conventional incarceration. The Supreme Court has
consistently highlighted the need for such systems to address overcrowding, uphold
human dignity, and facilitate reformation, often citing successful models like
Rajasthan’s open prisons as a benchmark.
-----------------------------------------------------------------------------------------------------------------
FOOTNOTES
CL-1 RAMA MURTHY V. STATE OF KARNATAKA (1997)
CL-2 STATE OF MAHARASHTRA V. PRABHAKAR PANDURANG SANZGIR (1966)
CL -3 BHIM SINGH V. UNION OF INDIA (2014)
CL-4 RE-INHUMAN CONDITIONS IN 1382 PRISONS (2018)
CL-5 D.K. BASU V. STATE OF WEST BENGAL (1997)
CL-6 SUNIL BATRA V. DELHI ADMINISTRATION (1978)
CONCLUSION
The concept of open prison has existed in India since almost 7/8 decades, however, many
states still do not have enough open prisons. With the current scenario of overcrowding of
Jails, it is extremely important to build and utilize the open prisons. Open prisons are
excellent in providing rehabilitative justice, as it helps the convicts to re-socialize with the
world before they've completed their sentence. Although the existing open prisons are well-
managed and have a good record in the past there is still room for improvement in terms of
laws and rules. Active measures should be taken to amend these rules, to provide access to
justice to all the prisoners. This system if properly utilized will also help in reducing the
custodial deaths.
13
Bibliography
1. https://www.drishtiias.com/daily-updates/daily-news-analysis/open-prisons-in-india
2. https://blog.ipleaders.in/open-prison-part-jail-reforms-india/
3. http://en.wikipedia.org/wiki/Open_prison
4. Criminology And Penology Prof Nv Paranjape
14
