Policies and directions have hardly made a dent in India’s traditional prison system. The idea that prisoners should remain behind bars and be punished rather than being reformed and rehabilitated has changed little. The Supreme Court, while sitting on a public interest litigation regarding the inhuman conditions in prisons because of overcrowding, lay down a three-month deadline for states and Union territories to thin out overcrowding by establishing open correctional institutions. Eight states and all UTs except Delhi have no OCIs. It can be inferred that the infrastructure is underused or inadequate in the states that do have OCIs or overcrowding in prisons would not be a problem everywhere. The court ordered that existing OCIs be used optimally and the facilities expanded. The OCIs allow prisoners to inhabit open barracks, do agricultural or other work, even stay with their families but return to the prison at night, all under monitoring. Eligibility is decided by the facts that the prisoner has served one-third or one-fourth of the sentence, is noted for good behavior, and is not guilty of a heinous crime or is not a habitual offender.

That the system is underused is clear from the Supreme Court’s condemnation of the low inclusion of women in OCIs, seen as blatant gender discrimination. Given institutional attitudes in India, this is not surprising. Most states with OCIs, including West Bengal, find women ineligible for transfer to OCIs; where this is not the case, as in Delhi, the data show that no women were transferred.
The Supreme Court directed that OCIs be made accessible to women; their exclusion violated the constitutional rights to equality and lack of discrimination as well as the right to live with dignity. This would be an important aspect of prison reform by lessening overcrowding and establishing inmates’ rights, but it also points to the urgent need for overall change. Prisons accommodate about 130% of their capacity; in some it is much higher. Space, sanitation, hygiene, even food, clothing and health, become almost impossible to manage. Violence is inevitable, and custodial deaths are rising: over 2,700 were reported in 2024.

Under-trial prisoners constitute over 74% of the inmates. Most are from underprivileged backgrounds, often unable to access legal help. It is urgent to use legal aid for them to ensure bail or speedy trial. Meanwhile, the infrastructure must include areas for transgender prisoners and aid for the disabled. Prenatal and post-natal support for women is necessary, as is special care for children born in prison. Mental health support for prisoners is an acute necessity. Depression, anxiety, stress, fear are everyday matters besides other illnesses; yet there was one mental health professional for 23,000 prisoners in 2022. The post is vacant in over 20 states and UTs. The need to reform attitudes is as important as practical measures. The Supreme Court’s directions are a reminder of not just the need for but also the scale of reforms needed.