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Open Jails: Challenges for Women Prisoners

Open jails primarily aim at rehabilitating and reintegrating inmates into society, offering enhanced freedom and employment opportunities. They not only help reduce recidivism, mental health problem, suicide/death and overcrowding in jails but also bring down the expenditure on prisoners considerably. However, only a mere 0.78% of the massive prison population consisting of 5,73,220 individuals, actually reside in open jails in India pointing out the urgent need of establishing more open jails in the country along with making the process of transfer of prisoners to open jails more transparent, flexible and liberal by amending the existing colonial rules and regulations.

Though there are 23,772 female prisoners in the country, only four states of India viz. Maharashtra (66 prisoners), Kerala (08 prisoners), Rajasthan (53 prisoners) and Jharkhand (05 prisoners) have open jails for women. Rest of the 24 states and 08 union territories have no open jail for women prisoners. This analysis, drawing from existing data and over four years of personal experience in the Prison department, aims to deeply comprehend India's open prison system particularly with respect to female prisoners, some of whom live with their children, suggesting potential improvements within the existing prison system.

Though the total budget for the financial year 2022-23 for all prisons in the country has increased to Rs. 8725.0 Crore in 2022-23 from Rs. 7619.2 Crore in 2021-2022, the scarcity of open jails persists seeking display of a strong administrative will.

Introduction:
Open Jails adopt an innovative approach to incarceration, prioritizing rehabilitation and societal reintegration. In contrast to traditional closed prisons, they provide inmates with increased freedom and employment opportunities, often allowing them to work beyond prison confines. Focused on fostering accountability and self-governance, these facilities emphasize developing essential life skills through communal living and vocational training.

The ultimate goal is to equip individuals for a successful reintegration into society through a nurturing and carefully structured environment. These modern rehabilitative centres have less stringent regulations, accommodating well-behaved individuals in enclosed correctional facilities. Aligned with United Nations standards, open penitentiaries are recognized as an effective method for rehabilitating selected inmates by offering a semblance of everyday life, including purposeful occupation and, occasionally, the ability to reside with loved ones.

Open jails are a type of prison reserved for individuals who have been convicted of a crime. These prisons are designed to house inmates who have exhibited good behaviour and meet certain criteria. Despite being classified as minimum security, open jails engage prisoners in agricultural activities.

According to Prison Statistics India-2022 published by the NCRB, New Delhi, out of the 5,73,220 prisoners in toto in Indian jails as on 31.12.2022, 5,49,351 were male, 23,772 (4.33%) female and 97 transgenders. Amongst female prisoners, the number of convicts was 5412, under trial prisoners18146, detenues 120 and Others 94. The maximum number of female prisoners were in Uttar Pradesh (4809) followed by Bihar (2938), Madhya Pradesh (1917), West Bengal (1778), Maharashtra (1596) and Punjab (1555).

However, it is important to note that as the number of female prisoners in India continues to increase, the prison system, which is predominantly male-oriented, denies women essential rights such as access to open jails. Out of 28 states and 08 union territories in India, only 17 states have reported about the functioning of open jail out of which only 04 States viz. Rajasthan, Maharashtra, Kerala and Jharkhand have women prisoners residing in open jails, which implies that women are being denied the benefits of open jails in rest of the 24 states and 08 union territories and that there is no existence of any open jail in 11 states and 08 union territories.

Literature Review:
The idea of including open prison systems was initially extensively debated by the international community during the United Nations Congress on the Prevention of Crime and the Treatment of Offenders, which took place in Geneva in 1955. The year 2015 witnessed the unanimous adoption of the UN Standard Minimum Rules for the Treatment of Prisoners, commonly referred to as the Nelson Mandela Rules, by the UN General Assembly. These rules outlined the goals and objectives of open prisons. Furthermore, in response to global appeals for prison reforms, the All-India Prison Reforms Committee in 1980 recommended that the government establish and advance open prisons in each state and union territory.

Depending on the jurisdiction or institution, the term 'open prison' can have different meanings. Generally, it refers to a prison where residents are not always locked or fully confined, as stated by Mastrobuoni and Terlizzese in 2014. The idea that the open prison is based on can be seen in two dictums of Sir Alexander Paterson. First, a man is put in jail as punishment and not for punishment. Next, you can't teach a man about freedom if he isn't given more freedom and less restraint (Paranjpe 2001).

Involvement with the open prisoner's family aids in the gradual healing of the community's wounds caused by their crime (Merkel 1994). In the realm of incarceration, open prison stands as a fortified community wherein wrongdoers are bestowed with the chance to forge meaningful connections amongst themselves, the staff, and individuals hailing from the realm of freedom. This fosters a profound sense of embrace within the prisoner's perception of the external realm and effectively refashions his own understanding of self-definition (Ekunwe, I. 2007).

In order to guarantee the well-being and reformation of inmates, the All-India Jail Manual Committee (1957–59) proposed the establishment of open prison facilities (1960: 96–99), as part of their noble mission to uphold human rights and dignity. Initiated by the Rajasthan State Legal Services Authority (RSLSA), a study on open prisons (Bhatnagar 2017) concludes that the need to create more open prisons across the state arises from their cost-effectiveness and low resource requirements.

In their study, Goodley and Pearson made known that instances of absconding, re-offending, and TRFs by residents of open prisons are uncommon. The study focused on a group of 316 prisoners who were released from two open prisons in England and found that the rates of failure were only 0.9% for re-offending, 1.3% for absconding, and 3.2% for TRFs. To further elaborate on the rarity of these events, Hillier and Mews delve into the matter in their work published in 2018.

According to Vibhute (2015), engaging in vocational activities within open prisons not only allows inmates to partake in productive pursuits during their sentence, but also equips them with skills that can be utilized upon release. Furthermore, the meaningful work provided by these institutions keeps the inmates mentally engaged, preventing them from succumbing to negative influences. This fosters self-confidence and a sense of self-worth among the individuals. Additionally, it plays a crucial role in cultivating a positive and respectful outlook towards society (Borah 2018: 66–74).

In the insightful research conducted by Mastrobuoni and Terlizzese (2014) op. cit., the captivating findings unearthed from an Italian open prison revealed strikingly positive figures when it came to recidivism and violence rates, especially in comparison to their counterparts within closed institutions. Using mixed methods, [ De Motte, C. (2015)] found that older prisoners in England and Wales were more satisfied with the quality of life in an open unit than in a closed unit.

Despite limited availability of rehabilitative programmes in the open centre, a study by Botello (2017) reports that at a female open prison in Australia, low rates of recidivism compare favourably with Nordic rates. Some other studies (Armstrong, et al. (2011), Ekunwe (2007), Mastrobuoni and Terlizzese, (2014) and Shammas (2014) – op. cit.) have brought attention to the decreased financial costs linked with open prisons.

These savings are attributed to lower staffing and security requirements. Additionally, these studies have emphasized the positive impact on local and national communities and economies when individuals in custody are actively involved in education or employment. One quantitative study (Vanhooren, S., Leijssen, M. and Dezutter, J. (2017)) in three Belgian prisons (including one open institution) found significantly lower levels of distress among those in the open system.

In the year 1996, the Supreme Court, in a significant case known as Rama Murthy v. State of Karnataka, upheld the importance of open prisons. The highest court of the land mandated the creation of "an increasing number of open jails," commencing with the district headquarters across the nation. Acknowledging the challenges that may arise in managing such institutions, the court nonetheless remarked that these obstacles are not impossible to overcome when considering the immense benefits that open prisons can bring to society. The National Human Rights Commission (NHRC) has consistently emphasized the importance of open prisons in addressing the issue of prison overcrowding.

This viewpoint has been reiterated in multiple annual reports, spanning from 1994-95 to 2000-01. In a significant development, the All-India Prison Reforms Committee put forth a recommendation in 1980, suggesting the establishment of open prisons in each state and union territory. Furthermore, in the case of Dharmbir v. State of Uttar Pradesh (1979), the highest court in the land acknowledged the potential benefits offered by open prisons in protecting young offenders from various negative influences prevalent within closed jail systems. In the Constitution of India, there lies a significant provision that ensures the basic right of each and every citizen to lead a life filled with dignity.

This profound guarantee can be found in Article 21 of the Constitution. Moreover, within the Directive Principles of State Policy, specifically in Article 39A, it is made clear that it is the responsibility of the State to ensure that justice is administered efficiently.

History of Open Prisons:

The notion of open jails traces its roots back to 1891 in Switzerland, but it was not until the 1930s and 1940s that the idea gained significant momentum with the establishment of open prisons in the United Kingdom and the United States. Gradually, this concept began to permeate across various nations worldwide. Switzerland made commendable strides by constructing the first semi-open prison called 'Witzwill' in 1891, followed by the United States in 1916, the United Kingdom in 1930, and subsequently, the Netherlands in 1950.

In the year 1933, England and Wales witnessed the establishment of New Hall Camp, which marked a significant milestone as the first open prison for adult males. This groundbreaking initiative aimed to address the issue of limited employment opportunities faced by individuals who had been incarcerated for a considerable duration. Interestingly, New Hall Camp not only accommodated individuals serving shorter sentences for less severe crimes but also those who had committed more grave offenses and were approaching the end of their imprisonment term (Smith, 2018).

Following one in 2015, Zimbabwe's Marondera Female Open Prison is the second to open in Africa, after Mauritius.

In India in 1905 in Bombay Presidency, the inception of the first open jail took place. This innovative establishment catered to a select group of individuals hailing from the special class inmates of the Thane Central Jail in Mumbai. However, this open jail was closed in 1910. Thereafter, the first open jail was set up in 1953 for the construction of a dam over the river Chandraprabha near Banaras. After the completion of this dam, the prisoners were transferred to the nearby site for construction of a dam over the river Karamnasa.

On the 15th of March in the year 1956, an open jail was established in Mirzapur. Its purpose was to provide employment for prisoners who would work in extracting stones for the Uttar Pradesh Government Cement Works at Churk, Mirzapur. The inspiration behind this initiative was the triumph of previous open jails. Initially, there were 150 prisoners in this open jail, but that number gradually grew to reach a peak of 1,700 before eventually declining.

In the year 1960, a new open jail by the name of Sampurnanad Shivir was established in Sitarganj, a place nestled in the Nainital district of Uttarakhand. At its start, it covered a vast stretch of land measuring up to 5,965 acres. However, to make space for those who were displaced, the Uttar Pradesh government made the decision to reclaim a chunk of 2,000 acres. It is worth mentioning that Sitarganj is highly esteemed for being one of the largest open jails on a global scale and presently encompasses an area that spans across 3,837 acres.

A remarkable instance of an open prison in India is the captivating case of Sanganer Jail in Jaipur, Rajasthan. This correctional facility has a rich history, as it was established way back in 1954 and presently accommodates approximately 450 convicts. What distinguishes Sanganer from other open prisons across the nation is its unparalleled philosophy of granting prisoners the opportunity to reside with their loved ones and engage in gainful employment to sustain themselves.

Similarly, in the Lalgola Open Correctional Home in West Bengal, twenty convicts dwell in cottages alongside their families, while other prisoners reside in a distinct enclosure; nevertheless, no female prisoner calls this place their home.

In Gerwada, Pune in 2010, the first open jail for women was set up. Similarly, in Poojappura, Kerala in 2012, the first such jail was established in South India.

Selection of Inmates for Open Jail:

The process of selecting inmates for open jails is quite intricate and involves a thorough evaluation conducted by a Board comprising experienced Prison, Police, and Civil Officers. This diligent assessment aims to ascertain whether the inmates are suitable for a less restrictive environment. Several factors are taken into account during this evaluation, including the nature of their offence, their behavior while in prison, and their potential for rehabilitation. Even though open jails offer inmates more freedom, they are closely monitored by authorities to ensure that they adhere to all the rules and regulations.

The ultimate objective of open jails is to strike a delicate balance between punishment and rehabilitation, thereby contributing to a criminal justice system that places great importance on reforming offenders and facilitating their successful reintegration into society. Mostly convicts who have completed 10 years of imprisonment are considered for transfer to open jails in some states; however, in Jharkhand even under trial prisoners both male and female are kept in open prisons.

As per the rules laid out in the Rajasthan Prisoners' Open Air Camp Rules of 1972, prisoners who are deemed eligible for transfer to open jails must have served one third of their sentences. The colonial rules for selection of prisoners for transfer to open prions need to be made uniform and relaxed so that a greater number of prisoners could be made eligible for residing in open prisons.

In certain states, open jails grant inmates unrestricted freedom of movement as they do not follow a daily lock-up routine. The gates are opened at 06:00 hours in the morning, and the night lock-up commences at 20:00 hours. Between the hours of 6:00 a.m. and 8:00 p.m., inmates are at liberty to roam wherever they please and pursue any occupation either within or beyond the confines of the jail.

But they are required to go back to the jail by 8:00 p.m. The inmates residing in open jails are instructed to secure jobs within a 20-kilometer radius from the facility, enabling them to return to the jail every night. Additionally, after 6 months, they are eligible for a 20-day parole. During their initial three months in the open jails, they are provided with meals. However, following this period, the prisoners are responsible for arranging their own food.

Benefits of Open Jails for Women & their Children:

The establishment of open jails for women provides multifaceted benefits aimed at rehabilitation, reintegration into the community and addressing the specific needs of female prisoners. In particular, the emphasis on rehabilitation, rather than punitive measures, allows women access to vocational training, education, and various programs to address issues such as trauma and addiction.

These initiatives equip women with valuable skills, fostering personal development for their eventual return to society. Open jails significantly contribute to women's community reintegration by allowing employment outside prison during daylight hours, promoting gradual responsibility assumption and facilitating the restoration of familial bonds.

This family-centric approach not only benefits individuals but also breaks the cycle of intergenerational incarceration. Overall, open jails offer a comprehensive and supportive environment for women, aiming to reduce re-offending and empower them for fulfilling lives post-release. Women prisoners with children are specially benefitted in open jails as children's centric benefits are also provided in open jails for women and the mental and emotional development of children are not inhibited here.

The Ministry of Women and Child Development, in their report released in June 2018, has recommended that female prisoners should be given priority for housing in open jails. This arrangement would particularly benefit pregnant women and those who are incarcerated with their children. There were 1,537 women prisoners with 1,764 children as on 31st December, 2022. Among these women prisoners, 1,312 women prisoners were undertrial prisoners who were accompanied by 1,479 children and 198 convicted prisoners who were accompanied by 230 children.

To address this issue, the Supreme Court in R. D. Upadhyay's case stated that a child should not be treated as an undertrial/convict while in jail with his/her mother and issued a set of guidelines to ensure these children have access to essentials such as food, medicine, shelter, clothing, education and recreational activities as a matter of right.

The Bureau of Police Research and Development (BPRD) published report number 165 which highlighted the lack of necessary resources for the psychological and social growth of children in closed prisons. According to the report, these guidelines are merely theoretical and do not align with the actual conditions. It is crucial for the authorities to shield these innocent children from the harmful atmosphere prevalent in closed prisons and offer them a secure space to nurture their physical, mental, and emotional well-being.

One possible solution to address this issue could be the creation of dedicated Open Jails exclusively for women. This approach would provide a conducive environment for female prisoners to prioritize their well-being as well as that of their children. Additionally, the implementation of more lenient regulations in these open jails would allow pregnant inmates to reside alongside their families, guaranteeing them the necessary support and care they require.

Open jails empower women to develop essential life skills while fostering a supportive atmosphere that aids in their reintegration into society, ultimately reducing overcrowding in closed jails, expenditure on inmates, recidivism and contributing to the overall well-being of both women and their children.

Sl.No. Type Number of Jails Capacity Population of Inmates Occupancy Rate
1 2 3 4 5 6
2 Central Jail 148 197052 246155 124.9
3 District Jail 428 168981 264534 156.5
4 Sub-Jail 574 47270 45679 96.6
5 Special Jail 42 7573 7171 94.7
6 Open Jail 91 6043 4473 74.0
7 Women Jail 34 7080 4258 60.1
8 Borstal School 10 1204 489 40.6
9 Others 3 1063 461 43.4
10 Total 1330 436266 573220 131.4

(Source: Prison Statics India – 2022)

In India, there are a total of 91 Open Jails. These unique institutions house 4,473 inmates, resulting in 74% occupancy. These open prisons have the capacity to hold up to 6043 prisoners. Only a mere 0.78% of the massive prison population, which stands at a staggering 573220 individuals, actually reside in open jails in India pointing out the urgent need of establishing more open jails in the country.


As of 31 December 2022, a total of 4,473 prisoners were housed in various open prisons in the country, of which 4,341 were men and 132 were women. These figures were well below the total capacity of 6,043 prisoners, which included 5,913 men and 130 women. Of all the states, Maharashtra had the highest number of prisoners at 1,725 in open jails, followed by Rajasthan with 1,367, Kerala with 437, and West Bengal with 261.
 
State Number of Open Jails Total Capacity of Inmates Inmate Population Occupancy Rate (in %)
M F Total M F Total M F Total
Jharkhand 1 90 10 100 30 5 35 33.3 50.0 35.0
Kerala 3 448 20 468 429 8 437 95.8 40.0 93.4
Maharashtra 19 1512 100 1612 1659 66 1725 109.7 66.0 107.0
Rajasthan 41 1488 0 1488 1314 53 1367 88.3 - 91.9
Total (All-India) 91 5913 130 6043 4341 132 4473 73.4 101.5 74.0

(Source: Prison Statistics India–2022, NCRB)

Occupancy of men's open prisons is 73.4% and women's open prisons 101.5%, and the total occupancy of open prisons is 74.0%. Only four states of India viz. Maharashtra (66), Kerala (08), Rajasthan (53) and Jharkhand (05) have open jails for female prisoners. Rest of the 24 states and 08 union territories have no open jail for women prisoners.


Open Jails: Challenges for Women Prisoners
(Source: Prison Statistics India-2022, NCRB)

Out of 4473 prisoners in toto in open jails, there are 4439 convict prisoners consisting of 4312 men and 127 women; 34 undertrial prisoners live in open jails comprising of 29 male and 05 female. Convicts mainly live in open jails, but only in Jharkhand state undertrial prisoners (29 male+5 Female) too are accommodated in open jail. Female prisoners live in open jails only in four states of India viz. Maharashtra (66 convicts), Rajasthan (53 convicts), Kerala (8 convicts) and Jharkhand (05 undertrial prisoners). As per estimate, only less than 3% of the total prisoners living in open jails are women. No transgender prisoner lives in open jail.

Gender Inequity:
The topic of "prisons" in India falls under the jurisdiction of the State List, which implies that state governments are mandated to devise the appropriate regulations and instructions for the management of Open Jails. The process of selecting prisoners for these correctional facilities also hinges on these regulations, which differ significantly across different states.

Presently, in the vast country of India, there exist only four states - Kerala, Jharkhand, Rajasthan, and Maharashtra - where female prisoners are granted the privilege of residing in Open Jails. Astonishingly enough, although 13 other states have established these facilities, they exclusively accommodate male prisoners. This peculiar discrepancy persists despite the fact that a considerable number of female convicts inhabit Central, District and Women Jails across the nation. Curiously, not a single female prisoner from these institutions has been relocated to open jails within these 13 states.

Furthermore, it is worth noting that in Assam, women are legally prohibited from taking up residence within Open Jails as dictated by Rule 5 of The Assam Superintendence and Management of Jails (Supplementary Provisions) Rules, 1968. It is clearly a violation of women's fundamental rights as stated in Article 14 to deny them the opportunity to stay in these prisons without any valid reason.

These rights ensure that women are treated fairly and are not discriminated against on the basis of their sex, as highlighted in Article 15. Typically, open prisons are not meant for specific types of prisoners convicted of some serious crimes falling under barred sections of law. By excluding women from Open Jails, authorities are essentially classifying them alongside these particular group of prisoners.

The sanctioned strength of jail-staff was 91,181 while the actual strength was 63,578 as on 31st December, 2022 due to vacancies not being filled up. The actual strength of woman jail officers/staffs was 8,674 (including 295 medical officers/staff), amounting to 13.6% of the total jail-staff.

To examine the feasibility of setting up open prisons, the Ministry of Home Affairs convened a meeting on 13.2.2018 with the DG/IG Prisons of all States and UTs. The Rajasthan State Legal Services Authority (RSLSA) organized a comprehensive analysis of the open prison system within their state.

Challenges in setting up Open Jails:

Creating and maintaining effective open jails, considered as an alternative and rehabilitative approach to traditional prisons, faces several critical challenges. A major concern revolves around some prisoners becoming dependent on open prison resources, leading to potential difficulties in their reintegration into society after completing their sentences.

Despite directives from the Supreme Court, certain states have failed to enact laws enabling open prison establishment, hindering their utilization. Existing open jails operate below capacity, with opaque criteria for inmate selection raising questions about fairness. Outdated legislation, such as the Prisoners Act of 1894, contributes to difficulties in managing modern prisoners, exacerbating gender disparities in open jail availability. Administrative deficiencies, including limited facilities, financial resources, and staffing, coupled with concerns about selection integrity, impact the overall effectiveness of the open prison system.

Critics emphasize security and discipline, raising doubts about the leniency of open jails and the prevention of repeat offences, underscoring the need for continuous evaluation and improvement in this correctional approach within the Indian criminal justice system. Acquiring land for setting up open jail along with infusion of matching financial grant for its construction is the main stumbling block for the district administration. However, a determined administrative will may overcome all such obstacles provided sincere efforts are made in this direction.

Conclusion:
Open Jails for women have a positive impact on rehabilitation, empowerment, and successful reintegration into society. These institutions offer an alternative to punitive measures by addressing the fundamental causes of criminal behaviour and preparing female prisoners for a fruitful and law-abiding life after their time in custody.

By investing in opening greater numbers of open jails for women, we can cater to the needs of rehabilitation and reintegration of the growing number of female prisoners in jails, some along with children, and remove the present gender discrimination embedded in the system against women prisoners along with reducing prison expenditure, recidivism and overcrowding in jails.

This will also help in improving the mental health of prisoners and the number of suicides/deaths in prisons. We can look after the special needs of emotional development and education of the children of women prisoners by establishing creche in the open jails. It is also imperative to make the rules for transfer of prisoners to open jails more relaxed and liberal by amending the existing colonial rules to facilitate the entry of higher number of prisoners into open jails. What is required is a strong administrative will towards this noble cause at the appropriate level.

References:
  1. Prison Service Journal. (2021). No. 256, September.
  2. Marder, I. D., Lapouge, M., Garrihy, J., & Brandon, A. M. (2021). Empirical research on the impact and experience of open prisons: State of the field and future directions. Prison Service Journal, 256.
  3. Goyal, P., & Vedula, K. (2021). Economic & Political Weekly, Vol. 56, Issue No. 4, 23 Jan.
  4. Goodley, G., & Pearson, D. (2023). Risk management in open prisons: A critical analysis and research agenda. Probation Journal, [page range]. First published online May 17, 2023.
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  7. Ekunwe, I. (2007). Gentle justice: An analysis of open prison systems in Finland. A way to the future?
  8. Mastrobuoni, G., & Terlizzese, D. (2014). EIEF Working Paper 13/14, Rehabilitating Rehabilitation: Prison Conditions and Recidivism.
  9. De Motte, C. (2015). Understanding older male prisoners' satisfaction with quality of life and wellbeing.
  10. Botello, C. (2017). Women's imprisonment and recidivism: An illustrative analysis of Boronia Women's Pre-release Centre (Western Australia) and progressive/open prison systems in Norway and Sweden.
  11. Vanhooren, S., Leijssen, M., & Dezutter, J. (2017). Loss of meaning as a predictor of distress in prison. International Journal of Offender Therapy and Comparative Criminology, 61(3), 1441-1432.
  12. Government of India. (2017, November 27). Press Note. Retrieved from https://rlsa.gov.in/pdf/pressnote_271117.PDF.
  13. National Crime Record Bureau. (2021 & 2022). Prison Statistics India – 2021 & 2022, New Delhi.
  14. Saroj, N., & Sakkarnaikar, F. S. (2022). Case comment on R. D. Upadhyay v. State of A.P.
  15. Legal Service India. (2022). Open Jails. Retrieved from https://www.legalserviceindia.com/legal/article-13008-open-jails.html#2022.
  16. Lok Sabha Secretariat. (2018, March 13). Unstarred Question No. 2932 pertaining to open jails.
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