The Open Prison

In one line

An open prison is a prison without walls, held together by the prisoner's own interest in not being sent back, and MU has set it as a short note on four papers.

MU's printed stems: "Concept and utility of Open Prison", and "Discuss prison reform in India with special reference to open prison system."

The concept

An open prison, also called an open air camp, a semi-open institution or an open colony, is a prison in which the security is minimal or absent: no high walls, no armed guard on the perimeter, and no locking of prisoners in cells. Prisoners work, often on agriculture or in industry, may in some institutions live with their families, and are held by the prospect of being returned to a closed prison if they abuse the trust.

Three features define it, and a candidate should name them.

Selection. Only prisoners assessed as suitable are sent: ordinarily those who have served a qualifying part of a long sentence with good conduct, and who are not a security risk.

Work. The institution is built around productive labour, and the prisoner is usually paid.

Self-discipline as the mechanism. In a closed prison compliance is produced by walls and locks. In an open prison it is produced by the prisoner's own interest in staying, which is why the rules are enforced by the threat of transfer rather than by physical restraint.

The legal basis

Section 55 of the Prisons Act 1894 is the provision to cite. A prisoner being taken to or from a prison, or whenever he is working outside or is otherwise beyond the limits of a prison, in or under the lawful custody or control of a prison officer, shall be deemed to be in prison and subject to all the same incidents as if he were actually in it.

Two consequences: work outside the walls is lawful, and a prisoner who leaves has escaped from prison rather than merely absented himself from work.

Beyond that, open prisons rest on State rules and manuals under section 59 and on the Model Prison Manual. The Act does not create them, does not name them and does not classify prisons at all.

The arguments for it

Six, and each has a counterpart in the rest of this module.

It costs less. No perimeter security, fewer guards, and productive labour that offsets the cost of maintenance. Custody is the most expensive disposal; open custody is much less so.

It preserves the family. Where the institution allows visits freely, or in some cases residence with family, the prisoner returns to a household that still exists. That is the same argument as for furlough in [Parole and Furlough in India].