The Madurai Bench of the Madras High Court has directed the Home Secretary to consider the request made by a petitioner with regard to establishing at least one Open Air Prison for Women in Tamil Nadu. The court directed that an appropriate decision be taken based on expert opinion.
The court was hearing a public interest litigation petition filed in 2018 by advocate K.R. Raja of Madurai who had sought a direction to the State to establish Open Prisons for Women in Tamil Nadu. The petitioner said that Open Air Prisons were productive in not only reducing idleness, but also in keeping prisoners physically and mentally fit, thereby easing their integration with society.
A Division Bench of Acting Chief Justice D. Krishnakumar and Justice R. Vijayakumar took into account that the High Court in 2018 had directed the State to revisit the eligibility and the non-eligibility rules for open prisons under the Tamil Nadu Prison Rules, 1983. The court had observed that there could not be any bias on the basis of gender and it found no logic in the exclusion of women from the eligibility criteria.
Pursuant to the direction of the court, the government considered the observations made by the court and passed a G.O. in 2021 amending Rules 794 and 797 of the Tamil Nadu Prison Rules, 1983, it was submitted.
Taking note of the same, the court observed there was no bar for women prisoners also to be eligible for Open Air Prison. With regard to establishing at least one Open Air Prison for women was concerned, the court observed that it cannot pass any positive direction since the government has to examine the feasibility of such a request made by the petitioner.
The court directed the Home Secretary to consider the request made by the petitioner and take an appropriate decision based on expert opinion. With the direction, the court disposed of the petition.
