The Supreme Court has recently directed all States and Union Territories to take concrete steps to expand and strengthen open prisons, to improve the correctional system.

Open prisons are minimum-security jails that function without high walls or bars. In such facilities, inmates serve their sentences under limited supervision, with the emphasis shifting from strict punishment to rehabilitation and reform.

The bench comprising Justice Vikram Nath and Justice Sandeep Mehta observed that prisons across India are operating at more than 120% capacity, with some States facing overcrowding levels exceeding 150%.

Highlighting the benefits of open prisons — particularly their potential to ease overcrowding — the Court issued several directions to expand and strengthen their use across the country.

The Court also set up a High-Powered Committee for Reform and Governance of Open Correctional Institutions to develop uniform standards and improve their administration nationwide.

The committee will be chaired by former Supreme Court judge Justice Ravindra Bhat and has been asked to submit its report within six months.

The Court also expressed its disappointment that several States have failed to take meaningful steps to strengthen or effectively operationalise open prisons, despite their clear advantages. The Court also highlighted the cost-effectiveness of open prisons, noting that in Rajasthan, the daily expenditure per prisoner in closed prisons is about ₹333, while in open prisons it is significantly lower at around ₹49.60.

The Court has directed States that do not have any Open Correctional Institutions (OCIs) to examine, within three months, whether it is feasible and necessary to set them up.

States where such facilities already exist but remain underutilised have been asked to frame time-bound plans within three months to fill vacancies in OCIs and open barracks, and to place these plans before the respective State-level monitoring committees.

Addressing the under-representation of women in open prisons, the Court has instructed States to restructure existing OCIs or open barracks to ensure adequate space and facilities for women prisoners.

The Bench also directed States to review and amend existing rules, regulations and executive instructions governing OCIs, so as to remove overly rigid eligibility conditions and promote greater opportunities for rehabilitation.

Reiterating that imprisonment does not take away a person’s fundamental rights, the Court stressed that prisoners continue to enjoy protection under Article 21 of the Constitution. It made it clear that open prisons must operate as true centres of reform and rehabilitation, and not merely as labour or agricultural camps.

Among other directions, the Court asked States to encourage family integration and social support in open prisons. This includes facilitating regular visitation, granting home leave and, wherever security permits, allowing cohabitation.

To make sure its directions are properly implemented, the Court put in place a strong monitoring mechanism. It directed all High Courts to register suo motu writ petitions as continuing mandamus to oversee compliance with the judgment in their respective States.

Each State and Union Territory has been asked to set up a Monitoring Committee for the management of OCIs within four weeks. These committees will be headed by the Executive Chairman of the State Legal Services Authority or a nominee, such as a former High Court judge.

The State-level committees must file quarterly status reports before the concerned High Court, detailing steps taken for compliance, utilisation of facilities, expansion efforts and any challenges faced. The first report is to be submitted by August 21, 2026.

High Courts, through their Registrar Generals, are also required to submit consolidated annual reports to the Supreme Court, with the first such report due by March 31, 2027.

The Court noted that its earlier directions issued in 2018 in the In Re: Inhuman Conditions in 1382 Prisons case did not lead to meaningful change, and stressed that the present directions must not suffer the same fate.