SC directs states, UTs to develop protocol for filling vacancies in open prisons, ensure dignity for inmates

27/02/2026

NEW DELHI, Feb 26: In a bid to ensure that open prisons function as meaningful and effective institutions of reformation and rehabilitation, the Supreme Court on Thursday directed all states and Union territories to develop a time-bound protocol for filling up existing vacancies in Open Correctional Institutions (OCI) and open barracks.
Semi-open or open prisons allow convicts to work outside the premises during the day to earn a livelihood and return in the evening. The concept was introduced to assimilate convicts with society and reduce psychological pressure as they faced difficulties in leading normal lives outside.
Issuing a slew of directions, the top court said prisons are institutions of correction, where dignity, self-respect and social reintegration are not aspirational ideals but constitutional necessities.
A bench of Justice Vikram Nath and Justice Sandeep Mehta directed the states and Union territories (UTs) to submit the protocol to their respective monitoring committees within a period of three months.
It said all states and UTs shall ensure that OCIs do not function merely as labour camps or spaces of custodial convenience.
"Ensure that the identified vacancies are filled within a further period of two months thereafter, subject to eligibility and security considerations. The compliance report shall be placed before the Monitoring Committee within one month thereafter," the bench said.
The court also took note of under-representation of women prisoners from OCIs and directed all states and UTs to develop protocol for restructuring existing OCIs to allocate adequate capacity for female prisoners.
The directions came on a PIL regarding overcrowding in prisons and the functioning of OCIs.
Recognising the absence of uniformity in governance, eligibility norms, rehabilitation facilities and management of OCIs, the apex court constituted a high-powered committee for reform and governance of Open Correctional Institutions with former Supreme Court judge Justice S Ravindra Bhat as executive chairperson.
The objective of the committee is formulation of common minimum standards for the governance, administration and management of OCIs, including eligibility criteria, living conditions, etc, the bench said.
The court said the directions were being issued to ensure that equality, non-discrimination and the right to live with dignity, as guaranteed under articles 14, 15 and 21 of the Constitution, is meaningfully realised in the administration of prisons across the country.
The enduring strength of a constitutional democracy lies not in the severity of punishments, but in its commitment to restore dignity, hope and opportunity even to those who have transgressed the law, the court said.
"Prisoners do not cease to be bearers of constitutional rights upon incarceration, and the state's obligation to treat them with humanity, fairness and compassion stands heightened where liberty is lawfully curtailed," the bench said.
The top court directed that all states and UTs to take proactive and time-bound steps to expand open correctional infrastructure by establishing new OCIs, and creating open and semi-open barracks within existing closed prisons.
"Each state and Union territory through its Prisons and Correctional Services Department shall undertake a comprehensive assessment of its prison infrastructure within a period of three months," the bench said.
For effective compliance and monitoring, the top court directed all the high courts to register a suo motu writ petition for monitoring the compliance with the present judgment within their respective jurisdictions.

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