Role of open prisons in India a socio legal study with special reference to the state of Rajasthan

Abstract

In simple words, an open prison is such a prison that without bars, walls and less security guards. The main object behind the concept of making such prisons is to reform the prisoners and rehabilitate them in the society. The prisoners who completed a certain sentence in a closed prison with a good conduct, gets an opportunity to spend their remaining sentence in open prison with or without their family. All prisoners of open air camp do work for fulfill their livelihood at their own expense like agriculture, construction, productive, daily labour work and according to their skill. If the behaviors of the prisoners are not satisfactory according to prison authorities, then he will be sent back to the closed jail and becomes ineligible permanently for open prison. India has 88 open prisons in only seventeen states including highest 39 open prisons in the state of Rajasthan and not even a single open prison in the union territories of India. Only four states i.e. Rajasthan, Maharashtra, Kerala and Jharkhand of India consider women prisoners also eligible for open prison. But this rule against right to equality because of discriminated on the basis of sex according to Article 14, Constitution of India. There is no uniformity of laws of open prisons in state to state in India due to subject matter of state list. Rajasthan prisoners open air camp Rules 1972 are in existence. At present 1117 prisoners are kept out of 1422 in prisoners open air camps in Rajasthan. Prisoners open air camps are not performing properly due to lack of finance and administrative efficacy. Open prisons can be promoted by making regular provisions of finance by the Government. If prisoners are provided with regular means of livelihood by the government, then it can prove to be a Milestone in their reformation and rehabilitation. The Centre government should be make central laws related to open prisons. newline