Why a Supreme Court order may let Maharashtra’s women prisoners live with their children

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Maharashtra is planning its first open prison colony exclusively for women, where eligible inmates will be able to live with their children and families, take up jobs and gradually prepare for life outside prison. A committee appointed following a Supreme Court order has identified two possible sites — in Nashik and Chhatrapati Sambhajinagar — for setting up the facilities.The committee is looking at making the facilities operational next year by identifying eligible prisoners and employment opportunities for them.The committee is headed by Bombay High Court judge, Justice Bharati Dangre, with Additional Chief Secretary, Home (Appeals and Security), Radhika Rastogi, as a member and Additional Director General of Prisons and Correctional Services Suhas Warke as member secretary.It was constituted in June following a February order of the Supreme Court, directing states to establish new open and semi-open correctional facilities, fill vacancies in existing ones and oversee their functioning, including the transfer of eligible prisoners.“Based on the current criteria for choosing prisoners for open correctional institutions, establishing such colonies for women can be the first step. Women, who are separated from their families, or with loved ones willing to relocate for them, can be identified. Children currently in care institutions away from their mothers who are in jail could also stay in such a space, attending a nearby school. Once there is a definite number, we will look at occupation options for women,” an official said.19 facilities in stateAccording to the Prison Statistics of India, 2024, the country has 103 open prisons, of which 19 are in Maharashtra. Only two of the state’s facilities — one within Yerwada Women’s Prison and another in Akola — are for women. Nationally, open prisons have an occupancy rate of 57.8 per cent, in contrast to the overcrowding prevalent in regular prisons.The Model Prisons and Correctional Services Act, 2023, defines an open correctional institution as a “place for confinement of eligible prisoners on such conditions, as may be prescribed under the rules, for giving them more liberty outside a regular prison for facilitating their rehabilitation after release”.Story continues below this ad According to the Prison Statistics of India, 2024, the country has 103 open prisons, of which 19 are in Maharashtra.Unlike regular prisons, where inmates spend most of their day in confinement, open prison inmates are allowed to work with relatively little supervision. In Maharashtra, existing facilities generally operate within regular prison premises, with separate barracks or spaces for selected prisoners. Eligibility depends on factors such as the period already served, conduct and the circumstances of the offence. Inmates may work in prison farms or nearby areas but return to the prison for the night.Exploring modelsThe committee is drawing on the Supreme Court’s suggestion to explore models such as Rajasthan’s Sanganer open prison. Established in 1963, it houses more than 400 prisoners, including women, who are allowed to live with their families. Inmates take up jobs in the surrounding community, including running grocery shops, pay for their electricity and water, and participate in self governance through Bandi panchayats.Maharashtra has a comparable model at the Atpadi open colony in Sangli. Spread over 57 hectares, it allows inmates to live with their families and work on farms.However, replicating the model elsewhere has proved difficult. “We have not been able to establish similar models elsewheres. There are not many takers for the existing colony, apart from those from nearby regions, as families of prisoners from other regions may not want to relocate at such distance. In many cases, the male prisoners are also not comfortable bringing their families to live in an open colony,” an official said.Story continues below this adThe committee’s decision to begin with women prisoners follows feedback on the difficulties they face after incarceration, officials said. Women are often abandoned by their marital families, particularly when the offence arises out of domestic disputes.“There is also a larger majority of women compared to men who do not get support from their loved ones once imprisoned. It may help to establish such spaces for women so they can be rehabilitated better before their prison term ends and they have to face the world alone,” the official added.