Introduction:
The number of women prisoners is constantly rising in India; however, the male-centric prison system in the country is denying some crucial rights to them which are extremely necessary for their reformation. One such right is the access to Open Jails. There is apparent discrimination in the selection procedure of inmates for these jails, as it seems that the facility exists only for the male prisoners in the country. The author in the present article has made an attempt to highlight this discriminating behaviour on the part of various states and has advocated for the establishment of separate open jails for women in the country.
Understanding the Concept of Open Jails
Open Jails are based on the modern reformative system and are governed by less stringent rules. Those prisoners, who have already completed a significant portion of their sentence with good conduct in closed prisons, are given an opportunity to spend their remaining sentence in these jails and live a near-normal life. Prisoners are allowed to undertake fruitful employment in day time. In some cases, they are even permitted to reside with their families. The UN Standard Minimum Rules on the Treatment of Prisoners (Rule 89) also noted that open jails are best suited for the rehabilitation of selected prisoners.
Open Jails: The bias towards men
The subject of “prisons” in India forms part of the State List which means that the state governments are required to come up with the relevant rules and guidelines for the administration of Open Jails. The selection procedure of inmates for these jails also depends upon these rules which vary drastically amongst the states. At present, only four states in India [Kerala, Jharkhand, Rajasthan and Maharashtra] are having female prisoners in Open Jails. There are 13 other states having the facilities for these jails but only male prisoners are residing in them. Despite having a huge number of female convicts in Central/District and Women Jails, not even a single female prisoner has been transferred to open jails in these 13 states. Surprisingly, in Assam, women are statutorily barred from residing in Open Jails [Rule 5 of The Assam Superintendence and Management of Jails (Supplementary Provisions) Rules, 1968]. Denying women the opportunity to reside in these jails without any reasonable justification is clearly against their fundamental rights which allow them to be treated equally with others (Article 14) and not to be discriminated on the basis of gender (Article 15). The kinds of prisoners who are generally kept away from these jails are habitual offenders, those convicted for terrorist activities, dacoity, rape, causing riots etc. By denying women the access to Open Jails, authorities are placing them in the same category as of these prisoners.
Separate Open Prisons for Women: Need for a fresh approach
It is high time now to realize how imprisonment behind closed prison affects women differently and more brutally than men. The lack of women staff in closed prisons undesirably allows male members to be responsible for handling female convicts and this often results in their sexual abuse. Their innocent children also suffer in that toxic environment which develops criminal behaviour in them. As the number of women in the prison system is constantly increasing, it becomes important to develop appropriate infrastructure to cater to the women-specific needs.
An important point to note here is that even if the female prisoners are transferred to these Open Jails which are common for men and women, their safety still remains a concern. This is because the concept of open jails is such that does not require them to be heavily guarded with security systems and probably that’s why the states and jail authorities are reluctant in transferring women to these jails. However, that cannot be a justifiable reason to deny women, a brilliant way of reformation through these institutions. States like Kerala and Maharashtra have recognized this by setting up separate open prisons for female prisoners. A semi-open jail entirely for women was also inaugurated in Delhi last year. It is imperative that other states and union territories also follow this practice to give equal rights to women behind bars.
How Open Jails can be more helpful for female prisoners?
The environment for rehabilitation which is provided by Open Jails is rather more useful for female prisoners. In a June 2018 report, the Ministry of Women and Child Development has also suggested that female prisoners should be considered on priority for housing in open jails. Women who are pregnant or who are staying in prisons with their children can be benefited from this setup. The well-being of these innocent children is an often ignored issue in the country. As on 31st December 2018, there were around 2000 children in jails across the country. A number of guidelines have been issued by the Supreme Court entitling these children to food, medicine, education and recreation. However, a report by the Bureau of Police Research and Development (BPRD) [Report No. 165] revealed how the basic facilities for the psychological and social development of children are not available inside closed prisons. The report stated how these guidelines are existing only on paper and the reality is far from ideal. To prevent these innocent children from the contaminating environment of closed prisons and to provide them with a safer environment for their physical, mental and emotional development is also a responsibility of the authorities. The establishment of separate Open Jails for women can be helpful in this regard where female prisoners can take better care of themselves and their children. Moreover, with relaxed rules in open jails, it will be possible for pregnant prisoners to reside with their families which will ensure their proper care.
Conclusion:
It is important to promote institutions like Open Jails which provide a way better environment for rehabilitation and reformation of prisoners. However, the biased attitude of states in selecting and promoting only male prisoners for these jails is something that needs to be changed as it is clearly against the fundamental rights of women. Perhaps, establishing separate open prisons for female prisoners is the way ahead to reform the largely male-centric prison system and to provide equal rights to women behind bars.
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