Allahabad High Court directs State to study 'open jails' concept for welfare for convicts

The Allahabad High Court recently directed the Uttar Pradesh government to study the concept of 'open jails' for the welfare of convicts serving time in jail. [Ishtiaq Hasan Khan v. State].A Bench of Justices Attau Rahman Masoodi and Brij Raj Singh observed that the concept of open jails, aimed at serving the personal liberty of convicts, has evolved in Rajasthan and Maharashtra..The Court emphasised on the need to study models from various states to develop a more effective reformative mechanism."All such concepts on being studied and considered be brought to the notice of this court through a scheme or proposal as may be just and proper to serve the cause," the order stated..The Court passed the direction while hearing a letter petition by a man who was serving a sentence in the Model Jail, Lucknow despite having been acquitted in 2001.The Bench converted this plea into a public interest litigation (PIL) which it renamed "suo moto PIL concerned with the welfare of the convicts and their dependent family members."In its order dated February 7, the Court had taken into consideration the broader interests of convicts serving sentences handed down by courts."The court had expressed a concern regarding the family condition of those convicts who were the sole breadwinners for their family reduced to a state of penury on account of the incarceration of their mukhiya. There may be a situation where the dependent family members might be faced with acute financial hardship and the children are deprived of fundamental education and health cover," the Bench noted.It had also called for the number of male and female undertrials and convicts, as well as children, if any, who are currently in the Model Jail Lucknow..In its February 28 order, the Court expressed the need to assess the impact of incarceration on dependent family members and to consider the personal liberty of the convicts themselves, in the larger public interest."It is in the background of this part of human life that the consideration on these aspects becomes an important question of law which would require attention of this Court," the order stated.Therefore, it granted one month time to the State to complete the exercise and posted the matter for hearing next on March 29..Advocate SM Royekwar was appointed as amicus curiae to assist the Court.Advocate Anurag Verma appeared for the State..[Read Order]