Madurai (Tamil Nadu) [India]: The Madras High Court has directed the state of Tamil Nadu to consider the demand to set up at least one open-air jail exclusively for women.
The court has also directed to take a suitable decision based on opinions of experts in the matter.
A Public Interest Litigation filed by one Raja from Madurai district came up for hearing on Monday. The petition sought to declare Rule No. 797(9) of the Tamil Nadu Jail Rules, 1983, which disqualifies women prisoners in open-air jails, as illegal. The petitioner also asked for an order to set up at least one open-air jail for women in the state.
The PIL stated that Tamil Nadu has nine central jails, three special women’s jails, nine district jails, 95 sub-jails, three open-air jails, three sub-jails for women and 12 juvenile jails. Out of these, 4966 convicts and 9156 trial prisoners are incarcerated.
He pointed out that three open-air jails have been established for male prisoners. Disciplined and well-behaved prisoners are transferred to open-air prisons.
“Prisoners here make mental progress. Jobs are provided there, which gives them a chance to build a better future when they come out after their sentence. Additional DGP Prisons said that this facility should be an open-air jail for women prisoners. They sent a petition to the Home Secretary. No response yet. Therefore the concerned authorities should be directed to set up an open-air jail for women prisoners,” the petitioner said.
In a 2018 order, the court directed the government to review eligibility rules for open-air jails under the Tamil Nadu Jail Rules. Following this, the government amended rules 794 and 797 in 2021 based on the court’s observations. A first bench comprising Acting Chief Justice D Krishnakumar and Justice R Vijayakumar observed that there is no longer any bar preventing women prisoners from being eligible for open-air jails and hence the said prayer has now become futile.
The judges said that the decree cannot be issued at this time as it needs to be evaluated. The court then directed the Home Secretary to consider the petitioner’s plea and make an informed decision based on expert opinions. The petition was subsequently dismissed.