By Dr Swati Jindal Garg
It is believed that the purpose of the criminal justice system is not only to punish, but also to rehabilitate and if we can ultimately rehabilitate people accused of a crime, that’s a huge win. English Philosopher David Miller has rightly said: “People do make mistakes, and I think they should be punished. But they should be forgiven and given the opportunity for a second chance. We are human beings.” Generally, when such people get a second chance, they are humbler, appreciate freedom more having once failed already, and most important of all, know what not to do when they are given a second chance at life.
That is why the Delhi prison administration’s tie-up with Indian Oil Corporation to set up petrol pumps as a part of its plan to enrol jail inmates in career-oriented welfare programmes deserves commendation. Commuters near Tihar or Mandoli prison wanting to refill fuel in their vehicles would soon be able to do so at two new petrol pumps that are expected to open on the premises, the novelty being the fact that these pumps will be manned by convicts—only those whose terms are about to end or who have shown good conduct.
The pump at Tihar will be located at its semi-open jail premises. “Currently, there is no semi-open prison in Mandoli, but once the petrol pump is set up, a semi-open prison space will be created there too,” said jail officers. The same plan has been mapped out for the semi-open prison area of the upcoming Narela jail once it is completed.
Statistics show that there are a total of 1,448 convicts in Tihar and 583 convicts in Mandoli out of which around 200-300 convicts are nearing completion of their prison terms and will be a part of the upcoming programme. A jail officer reportedly said: “Employees will be those convicts who have two-three years of their sentence left to serve or those who have shown good conduct…. They (inmates) will be working in shifts—one shift will work in the morning and another at night. The petrol pumps will work like any other pump throughout the day and night…” “The pumps will also have counters featuring Tihar products, ranging from eateries to clothes sewn by women Tihar inmates,” the officer added. They said there is no risk of inmates finding ways to flee as most of those who have been chosen are those with only two or three years of prison remaining. The petrol pumps will be set up near where the convicts stay inside the semi-open prison so that they can easily travel to and from the pump depending on their shift. Even though there is a separate semi-open jail for Tihar’s women inmates as well, but currently, the plan has been formulated for male inmates and may be expanded in future to include females based on the success of the current one.
The system of semi-open prisons is a relatively new system. Like the name suggests, prisoners are not locked up in the traditional jail settings as we have seen in real or reel life, but they are put up in settings where they are not often locked up in their cells and are allowed to work in prison or outside prisons to earn a living. These type of jails are especially suited for offenders who are considered low risk to other people and have committed petty offences or were merely present at a crime scene—being at the wrong place, at the wrong time. Semi-open jails are said to be better suited for rehabilitation as they have lesser restrictions in terms of lodging and allow convicts to work without going outside the prison premises.
Switzerland was the first to build an open prison way back in 1891, followed by the United States in 1916, the United Kingdom in 1930 and the Netherlands in 1950. The system was primarily based on the idea of “carrots” rather than “sticks”. Open prisons were developed to rehabilitate prisoners who had almost completed their sentence. In the earliest open prisons developed in the US in the 19th century, prisoners nearing release were sent to work as labourers to evaluate their behaviour.
While earlier, imprisonment was more popular as a simple form of penal punishment, in the recent years, the system of minimum security in the open prison settings is being considered as a more modern and effective form of punishment. The popularity of open and semi-open prisons may also be because many measures are being taken to lift the insufferable conditions of prisoners who suffer inside the traditional prisons.
The concept of open prisons might seem new, but even the great sociologist Manu highlighted the importance of rehabilitation by saying that the hardest of the hard offenders shouldn’t be punished indiscriminately as this could make the person more dangerous to society.
The concept of open prisons in India was established when the first All India Jail Committee was appointed in 1836. However, the outcome was unsatisfactory, prompting the formation of a number of committees, the most important of which was the All-India Committee on Jail Reforms in 1956. The Mulla Committee was the most important committee that influenced the formation of India’s open prison system. The first open jail in India was then set up in the Bombay Presidency in 1905. The prisoners were identified from the Thane Central Jail’s extraordinary class of detainees. This open jail, however, was shut in 1910. In 1953, the territory of Uttar Pradesh made the principal open jail camp close to Varanasi, UP, for the development of a dam over the Chandraprabha River. Currently, only 17 states have reported about the functioning of open jails in India with there being around 69 open jails in all. The highest number of such jails are in Rajasthan with 29 jails, followed by Maharashtra that has a total of 13 jails. In Rajasthan, more than 2,000 prisoners of the 29 jails work as accountants, school teachers, guards and domestic help. These are the same convicts who are serving their sentence for offences like murder, theft and trespassing.
It is said that having a second chance makes you want to work even harder—whether this is absolutely true would only be gathered after analysing the statistics over a long period of time. It cannot, however, be denied that the Indian Constitution guarantees every person the right to life and personal liberty and the current condition of prisoners inside the traditional prisons leaves a lot to be desired. A survey done in 58 prisons in Bihar reveals a deplorable representation of prison environments. Congestion, inadequate training, prison violence, inadequate health and other amenities, long-term detainment of undertrials, forced work on inmates, manipulation of optional forces by prison officials, limited contact to lawful counsel, and widespread erotic assault of detainees are only a couple of the significant issues brought up in the survey.
Most of these problems can be corrected by the concept of open prisons as they play a very significant role in upholding the theory of reformation of the inmates which should be the ultimate goal of every prison system. These prisons give a true picture of the idea of individualism of penalties where the inmates can be back to their normal life after paying their dues in the prison. The notion is initiated on willpower and the principle of “trust begets trust,” which, when appropriately accomplished, may transform human resources and ensure their reintegration into the society.
Modern concepts and studies have indicated that the value of ideas for prisoner reform and rehabilitation cannot be overstated. Positive consequences of open and semi-open prisons include convicts’ feelings of self-worth, dignity, and their willingness to better themselves. These prisons also empower relaxed and formal living in little gatherings with least proportion of scrutiny and endeavour to advance cognizance among detainees about their social obligations. Open and semi-open prisons not only provide the prisoners with the opportunity to meet their family members so that their domestic relationship can be solved, they also take into consideration the effects of unduly long institutional confinement of detainees and its adverse effects on their psyche. While this system takes care of the problem of jail overcrowding, it also encourages good behaviour, and provides self-reliance training in order to obtain consistent, long-term labour for public works projects. Apart from instilling hope among long term prisoners, it also attempts to alleviate their difficulties.
Even the apex court has observed in Dharmbir vs State of Uttar Pradesh that “open prisons have certain advantages in the context of young offenders who could be protected from some of the well-known vices to which young inmates are subjected in conventional jails.”
Just like every coin has a flip side, open prisons too suffer from certain teething problems which will only be corrected with the passage of time. However, it cannot be ignored that they are a concept that, if properly implemented, might alter the prison system forever. The functioning of open jails as observed till date, has demonstrated beyond a shadow of a doubt that the driving concept of modern jail administration should be help, not hate. The concept of open and semi-open detention facilities not only allows offenders to work outside the prisons and start a business before returning to prison in the evening, it also gives them a much needed second chance in life.
—The writer is an Advocate-on-Record practicing in the Supreme Court, Delhi High Court and all district courts and tribunals in Delhi