Lok Sabha Question No. 2932 (UNSTARRED), answered on 2018-03-13
Subject: Open Jails
Ministry: HOME AFFAIRS
Asked by: B. SREERAMULU, ANJU BALA, Tejpratap Singh,Yadav

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 2932

TO BE ANSWERED ON THE 13 TH  MARCH, 2018/ PHALGUNA 22, 1939 (SAKA)

OPEN JAILS

2932.

SHRI B. SRIRAMULU: SHRIMATI ANJU BALA: SHRI TEJ PRATAP SINGH YADAV:

Will the Minister of HOME AFFAIRS be pleased to state:

(a)  whether  the  Government  has  recently  discussed  the  feasibility  of establishing open jails in the country with Director General or Inspectors General  of  prisons  of  all  the  States  and  Union  Territories  and  if  so,  the details thereof;

- (b)  whether  open  prisons  already  existed  in  the  country  and  if  so,  the details thereof along with the number of inmates therein, gender and Statewise;
- (c)  whether  the  Government has conducted any study on the concept of open prison and its potential to reduce the problem of overcrowding in the jails and if so, the details thereof;

(d) whether the Government has directed the jail authorities to ensure the safety of prisoners and ensure that the jail inmates do not face any torture amid reports of torture of Kashmiri prisoners in Tihar Jail, New Delhi and if so, the details thereof; and

(e) the other measures taken by the Government for prison reforms?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI HANSRAJ GANGARAM AHIR)

(a):  A meeting of DG/IG Prisons of all States and UTs was convened by the Ministry of Home  Affairs  on  13.2.2018  to explore the feasibility of establishing  open  prisons  in  their  jurisdictions.    The  Ministry  of  Home Affairs had also sought a written response from all States and UTs.  Based on  the  response  received from States and UTs, it is noted that States and

## L.S.US.Q.NO.2932 FOR 13.03.2018

UTs are broadly in agreement with the proposal of setting up Open Jails in their jurisdictions and are of the view that the concept of Open Jails is a good reformative endeavor and a step in right direction.

(b):    Details  of  Open  Jails,  their  capacity,  number  of  inmates  therein, gender-wise, in various States and UTs of the country, as compiled by the National Crime Records Bureau at the end of 2016, are given in Annexure.

(c):    The  Rajasthan State Legal Services Authority (RSLSA) had arranged for  an  in-depth  study  of  open  prison  system  in  their  State,  through  an independent researcher specializing on prison studies, and had published a report  on  Open  Prisons.    The  findings  of  RSLSA  report  on  Open  Prisons were deliberated upon in the meeting of DG/IG Prisons held on 13.2.2018. The Ministry of Home Affairs has shared this report with all States and UTs for their guidance in establishing open prisons in their jurisdiction.

The report, inter alia, indicates that establishment of open prisons leads to reduction in overcrowding in prisons.

In the Model Prison Manual 2016 shared with all States and UTs, there is a dedicated chapter on 'Open Institutions' which provides detailed guidance to  States  on  establishing  Open  Prisons.  The  States  and  UTs  have  been informed  that transferring prisoners in open prisons restores the dignity of

the individual and develops in him self-reliance, self-confidence and social responsibility which are necessary for his rehabilitation in society.   The States have also been provided guidance on the provisions which need to be followed in establishing and managing such open institutions.

(d) & (e):  The Ministry of Home Affairs provides regular guidance to States on  the  safety,  security  and  welfare  of  prison  inmates  through  various advisories  issued  from  time  to  time.    Various  other  aspects  of  prison reforms and best practices have also been shared with the States and UTs in  the  form  of  advisories  issued to States and UTs. These advisories are available on the website of the Ministry of Home Affairs.

The States and UTs have been advised to organize special training courses to bring attitudinal change in the behavior of prison officials in dealing with prison inmates for ensuring that prison inmates are not subjected to any torture  or  cruelty.    The  States  have  also  been  advised  to  fill  up  existing vacancies  of  all  categories  of  prison  staff,  through  special  recruitment drives,  including  Counselors,  Psychiatrists,  Welfare  Officers  etc.  to  allay the anxiety of prison inmates and provide them better care.

The  States  have  been  advised  to  set  up  CCTV  cameras  at  appropriate places in prisons for better surveillance and supervision.  They have also been advised to evolve a system where NGOs with relevant expertise can work in tandem with prison authorities for the welfare of prison inmates.

## L.S.US.Q.NO.2932 FOR 13.03.2018

The States  and  UTs  have  been  advised  to  ensure  regular  oversight  over prisons  through  internal  inspection  by  prison  authorities,  and  external inspection by Board of Visitors, Human Rights Commissions and Legal Aid authorities  etc.  with  a  view  to  ensuring  welfare  of  prison  inmates.    The Ministry  of  Home  Affairs  has  also  shared  the  Nelson  Mandela  Rules  United Nations Standard Minimum Rules for treatment of prisoners - with all States and UTs and have advised them to have these rules translated in local  language  and  disseminate  the  guidance  contained  therein  to  all prison officials to ensure that these rules are followed by the concerned officials in dealing with prison inmates.

The Ministry of Home Affairs had convened meetings of DG/IG Prisons of all States and UTs in November 2017 and in February 2018 to discuss various issues related to prison reforms with the State representatives. The DG/IG Prisons were requested to share best practices in their prisons which can be replicated in other States/UTs, thus bringing a positive change in the functioning  of  prison  administration,  leading  to  wellbeing  and  welfare  of prison inmates.

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## Annexure

State/UT-wise Number of Jails, Capacity and Population of Inmates in Open Jails at the end of 2016 (Provisional)

| Sl.               | State/UT                  | No. of Open   | Total Capacity of Inmates   | Total Capacity of Inmates   | Total Capacity of Inmates   | Inmate Population   | Inmate Population   | Inmate Population   |
|-------------------|---------------------------|---------------|-----------------------------|-----------------------------|-----------------------------|---------------------|---------------------|---------------------|
| No.               |                           | Jails         | Male                        | Female                      | Total                       | Male                | Female              | Total               |
| (1) 1             | (2) ANDHRA PRADESH        | (3) 1         | (4) 300                     | (5) 0                       | (6) 300                     | (7) 69              | (8) 0               | (9) 69              |
| 2                 | ARUNACHAL PRADESH         | 0             | 0                           | 0                           | 0                           | 0                   | 0                   | 0                   |
| 3                 | ASSAM                     | 1             | 100                         | 0                           | 100                         | 34                  | 0                   | 34                  |
| 4                 | BIHAR                     | 1             | 104                         | 0                           | 104                         | 97 0                | 0                   | 97                  |
| 5 6               | CHHATTISGARH GOA          | 0 0           | 0 0                         | 0                           | 0 0                         | 0                   | 0 0                 | 0 0                 |
| 7                 | GUJARAT                   | 2             | 100                         | 0 0                         | 100                         | 64                  | 0                   | 64                  |
|                   |                           |               |                             |                             |                             | 0                   | 0                   | 0                   |
| 8                 | HARYANA                   | 0             | 0                           | 0                           | 0                           |                     |                     | 92                  |
| 9                 | HIMACHAL PRADESH          | 1             | 210                         | 0                           | 210                         | 92                  | 0                   |                     |
| 10 11             | JAMMU & KASHMIR JHARKHAND | 0 1           | 0 100                       | 0 0                         | 0 100                       | 0 12                | 0 1                 | 0 13                |
| 12                | KARNATAKA                 | 1             | 80                          | 0                           | 80                          | 17                  | 0                   | 17                  |
| 13                | KERALA                    | 3             | 449                         | 20                          | 469                         | 364                 | 3                   | 367                 |
| 14                | MADHYA                    | 1             | 25                          | 0                           | 25                          | 25                  | 0                   | 25                  |
|                   | PRADESH                   |               |                             |                             |                             |                     |                     | 1015                |
| 15 16             | MAHARASHTRA MANIPUR       | 13 0          | 1422 0                      | 100 0                       | 1522 0                      | 960 0               | 55 0                | 0                   |
| 17                | MEGHALAYA                 | 0             | 0                           | 0                           | 0                           | 0                   | 0                   | 0                   |
| 18                | MIZORAM                   | 0             | 0                           | 0                           | 0                           | 0                   | 0                   | 0                   |
| 19                | NAGALAND                  | 0             | 0                           | 0                           | 0                           | 0                   | 0                   | 0                   |
| 20                | ODISHA                    | 1             | 125                         | 0                           | 125                         | 84                  | 0                   | 84                  |
| 21                | PUNJAB                    | 1             | 75                          | 0                           | 75                          | 64                  | 0                   | 64                  |
| 22                | RAJASTHAN                 | 29            | 1337                        | 0                           | 1337                        | 1002                | 48                  | 1050                |
| 23                | SIKKIM                    | 0             | 0                           | 0                           | 0                           | 0                   | 0                   | 0                   |
| 24                | TAMIL NADU                | 3             | 260                         | 0                           | 260                         | 39                  | 0                   | 39                  |
| 25                | TELANGANA                 | 1             | 150                         | 0                           | 150                         | 90                  | 0                   | 90                  |
| 26                | TRIPURA                   | 0             | 0                           | 0                           | 0                           | 0                   | 0                   | 0                   |
| 27                | UTTAR PRADESH             | 0             | 0                           | 0                           | 0                           | 0                   | 0                   | 0                   |
| 28                | UTTARAKHAND               | 1             | 300                         | 0                           | 300                         | 53                  | 0                   | 53                  |
| 29                | WEST BENGAL               | 3             | 155                         | 0                           | 155                         | 137                 | 0                   | 137                 |
|                   | TOTAL (STATES)            | 64            | 5292                        | 120                         | 5412                        | 3203                | 107                 | 3310                |
| 30                | A & N ISLANDS             | 0             | 0                           | 0                           | 0                           | 0                   | 0                   | 0                   |
| 31                | CHANDIGARH                | 0             | 0                           | 0                           | 0                           | 0                   | 0                   | 0                   |
| 32                | D & N HAVELI              | 0             | 0                           | 0                           | 0                           | 0                   | 0                   | 0                   |
| 33                | DAMAN & DIU               | 0             | 0                           | 0                           | 0                           | 0                   | 0                   | 0                   |
| 34                | DELHI                     | 0             | 0                           | 0                           | 0                           | 0                   | 0                   | 0                   |
| 35                | LAKSHADWEEP               | 0             | 0                           | 0                           | 0                           | 0                   | 0                   | 0                   |
| 36                | PUDUCHERRY                | 0             | 0                           | 0                           | 0                           |                     | 0                   | 0                   |
|                   |                           |               |                             |                             |                             | 0                   |                     |                     |
|                   | TOTAL (UTs)               | 0             | 0 5292                      | 0 120                       | 0                           | 0                   | 0                   | 0                   |
| TOTAL (ALL-INDIA) | TOTAL (ALL-INDIA)         | 64            |                             |                             | 5412                        | 3203                | 107                 | 3310                |

Source: Prison Statistics India