The Madras High Court has instructed the state of Tamil Nadu to consider the demand for establishing at least one open-air jail exclusively for women.
Additionally, the court has directed the state to make a well-informed decision after consulting with experts on the matter.
This directive was issued in response to a Public Interest Litigation (PIL) filed by Raja, a resident of the Madurai district. The petitioner sought to declare Rule No. 797(9) of the Tamil Nadu Jail Rules, 1983—which disqualifies women prisoners from being housed in open-air jails—as illegal. He also requested that the state establish at least one open-air jail specifically for women.
In his petition, Raja highlighted that Tamil Nadu has a total of 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.
Among these facilities, 4,966 convicts and 9,156 trial prisoners are incarcerated. He noted that, while three open-air jails have been set up for male prisoners, none exist for women. Disciplined and well-behaved male prisoners are transferred to these open-air facilities.
The petitioner emphasized that prisoners in open-air jails experience mental progress, and the jobs provided in these facilities offer them a chance to build a better future after completing their sentences. The Additional DGP Prisons has previously suggested the creation of an open-air jail for women prisoners, and a petition was sent to the Home Secretary regarding this proposal. However, no response has been received to date. Therefore, the petitioner argued, the relevant authorities should be directed to establish an open-air jail for women.
In a 2018 order, the court had instructed the government to review the eligibility rules for open-air jails under the Tamil Nadu Jail Rules.
As a result, in 2021, the government amended Rules 794 and 797 based on the court’s observations. A first bench, consisting of Acting Chief Justice D Krishnakumar and Justice R Vijayakumar, observed that there is no longer any prohibition preventing women prisoners from being eligible for open-air jails, rendering the petitioner’s request moot.
The judges stated that a decree cannot be issued at this time as the matter requires further evaluation. The court subsequently directed the Home Secretary to consider the petitioner’s request and make an informed decision based on expert opinions, leading to the dismissal of the petition.
