City court suggests open jails for Delhi

The open prisons sentencing system,highlighted by Additional Sessions Judge Kamini Lau while hearing an attempt to murder case,aims at providing convicts a “corrective and rehabilitatory” process.

ASJ Lau said the Delhi government could consider the model where first-time convicts with very less risk of absconding and “non-dangerous” women convicts could be allowed to go out of jail premises for work and return in the evening for the headcount by prison authorities.

The court was deciding the quantum of sentence against four youths,held guilty of the charge of attempt to commit murder. The convicts and the victims were neighbours and had later compromised,prompting the court to delve on the issue whether a reformative approach could be looked into.

There are 32 open prisons in the country. ASJ Lau specifically referred to the one in Bilaspur,Himachal Pradesh,established in 1960,and noted that it could show the way for structuring the system in Delhi.

Bilaspur Open Jail currently houses 78 inmates convicted of murder — most work from 9 am to 5 pm in the city.

“Despite the liberty given to them,none of them have resorted to any offending or violative behaviour or had a second innings in the world of crime. This is a jail which gives enough freedom,reposes faith in the inmates and trusts them. It has an objective of prison reforms and has successfully been able to re-integrate the inmates into society,” said ASJ Lau.

While rapists,pick-pockets,thieves and burglars are excluded from the benefit,murder convicts are allowed where it had been established in the judgment that the murder happened in the heat of the moment.

The system also allows women,who come in the above-mentioned category,to leave in the evening to be with their families and return to the prison in the morning,observed the court.

ASJ Lau noted that a modified version of Bilaspur Open Jail appeared to be most suited to Delhi. She added that it could be implemented within the existing infrastructure,with no additional financial burden.

The court’s suggestion came after Delhi government’s Additional Secretary (Home) Ajay Chagti and Tihar’s Law Officer Sunil Gupta appreciated the idea of open prison. They also expressed their readiness to implement any such court order under the existing infrastructure,but put forth the handicap that there were no prison rules in this regard.

They also informed ASJ Lau that a proposal of a semi-open jail was already under consideration,wherein a group of convicts will be placed together outside the regular prison but in the jail complex.

ASJ Lau said her court could not legislate,but hoped that the government would consider the available option. She then passed the “conventional” punishment for the four convicts. While Hansraj was sentenced to the jail term already undergone,Shashi,Ganesh and Deepak were released on probation for good conduct.