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No Automatic Bar for Rape Convicts to Open Prisons: HC
27 Oct
Summary
- Convicts of rape or POCSO offenses aren't automatically barred from open prisons.
- Rajasthan High Court ruled each case must be decided on its merits.
- Individual assessment by authorities is now required for transfers.
The Rajasthan High Court has established that convictions for rape or offenses under the POCSO Act do not automatically disqualify individuals from being transferred to open-air prisons. A three-judge full bench clarified that the eligibility for such transfers must be decided on a case-by-case basis according to applicable rules.
The court's ruling addresses Rule 3(d) of the Rajasthan Prisoners Open Air Camp Rules, 1972, confirming that the term 'ordinarily' does not impose an absolute ban. Prisoners seeking transfer must demonstrate exceptional circumstances, and authorities must conduct thorough, individualized assessments before making a decision.
Advisory committees are now directed to consider various factors, including the severity of the offense, the victim's age, the specific facts of the case, the prisoner's conduct in jail, their potential for reform, and reintegration readiness. Protective conditions may be imposed, with the possibility of revoking admission if these conditions are breached.
