The Chhattisgarh High Court has directed the state government to undertake a thorough examination and research to determine the viability of introducing open jails within the state.
A division bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal mentioned data revealing that 82 children were residing with female inmates in prisons.
Additionally, the Court noted that more than 340 convicts had been sentenced to serve over 20 years in prison, with their appeals having been dismissed by the Supreme Court.
The bench made this observation while addressing a Public Interest Litigation (PIL) case initiated by the Court to investigate the feasibility of introducing the concept of open prisons in Chhattisgarh.
"What would be the plight of those inmates, who have to remain in confinement for such long period of time can be easily understood," the Court remarked.
The Court's attention was captured by the matter following letters from the parents of an individual incarcerated for murder since 2010. Expressing apprehension, the parents highlighted that their son's appeal against his criminal conviction had been pending before the High Court since 2014. However, upon investigation, the Court discovered that the appeal had been dismissed by the High Court in 2023.
The bench further remarked that the impact of imprisoning a criminal extends beyond the individual, affecting the entire family, particularly if the prisoner is the sole breadwinner.
The Court emphasized that the philosophy of reformative punishment does not align with traditional jails featuring bars. Instead, it leans towards a more liberal approach, supporting the concept of open prisons. This model entails trust-based facilities with minimal security measures.
The bench added that there are a significant number of skilled professionals among the prisoners, whose expertise could be utilized to implement the concept of open prisons in Chhattisgarh. Moreover, the Court emphasized that such prisoners could also earn for their own futures through their participation in these initiatives.
Based on these observations, the bench issued an order directing the State's Chief Secretary to submit an affidavit by April 15, detailing whether the implementation of open prisons would be viable for Chhattisgarh.
Advocate General Prafulla N Bharat, accompanied by Additional Advocate General YS Thakur, represented the state in the proceedings.
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