Recently, the Supreme Court suggested that creating open jails could serve as a viable solution to the problem of overcrowding in prisons while simultaneously aiding in the rehabilitation of prisoners.

Semi-open or open prisons enable inmates to work outside the facility during the day, providing them with opportunities to earn a living before returning in the evening. This concept was introduced to facilitate the reintegration of convicts into society and alleviate the psychological burden they experience when attempting to lead normal lives outside of prison.

During a plea hearing concerning jails and prisoners, a bench comprising Justices B R Gavai and Sandeep Mehta expressed their intention to broaden the availability of open prisons throughout the country.

"One of the solutions for overcrowding of the prisons can be establishing open air prisons/camps. The said system is efficiently working in the state of Rajasthan. Apart from addressing the issue of congestion in prison, it also addresses the issue of rehabilitation of prisoners," the bench said.

The bench clarified that it would refrain from addressing issues concerning jail and prison reforms that are already under consideration by its counterpart benches in other petitions.

The counsel representing the National Legal Services Authority (NALSA) informed the court that they had requested responses from all states regarding open prisons, and so far, 24 states have provided their feedback.

Senior advocate Vijay Hansaria, who is assisting the apex court as an amicus curiae in the matter, highlighted that convicts are often not informed about their right to approach the appellate court through the legal services authority.

The bench said if there is a uniform e-prison module across the country, many of these things can be sorted out.

It said the issue of e-prison module, a comprehensive jail management system, was being dealt with by a coordinate bench.

"We will also consider the issue of open prisons in this proceeding," the bench said, adding, "We plan to expand it and ensure that this system of open air prisons is adopted across the country".

The bench asked advocate K Parameshwar to assist as an amicus curiae alongside Hansaria. Additionally, it requested the counsel representing NALSA to aid the court in the matter. The hearing is scheduled for May 16.