Develop protocol for filling vacancies in open correctional institutions, Supreme Court tells States

The Supreme Court on Thursday (February 26, 2026) directed States and union territories to develop a time-bound protocol for filling existing vacancies in Open Correctional Institutions (OCI) and open barracks.

A Bench of Justices Vikram Nath and Sandeep Mehta, in a judgment, observed that prisons were institutions of correction, where dignity, self-respect and social reintegration were not aspirational ideals but constitutional necessities.

The court underscored that OCIs did not function merely as labour camps or spaces of custodial convenience.

The court also directed States and Union Territories to develop a protocol for restructuring existing OCIs to allocate adequate capacity for female prisoners. The directions came on a PIL petition regarding overcrowding in prisons and the functioning of OCIs.

Panel set up

Recognising the absence of uniformity in governance, eligibility norms, rehabilitation facilities and management of OCIs, the apex court constituted a high-powered committee for reform and governance of OCIs with former Supreme Court judge Justice S. Ravindra Bhat as executive chairperson.

The objective of the committee is formulation of common minimum standards for the governance, administration and management of OCIs, including eligibility criteria, living conditions, etc, the Bench said.

The court said the directions were being issued to ensure that equality, non-discrimination and the right to live with dignity, as guaranteed under Articles 14, 15 and 21 of the Constitution, was meaningfully realised in the administration of prisons across the country.

The enduring strength of a constitutional democracy lies not in the severity of punishments, but in its commitment to restore dignity, hope and opportunity even to those who have transgressed the law, the court said.

“Prisoners do not cease to be bearers of constitutional rights upon incarceration, and the state’s obligation to treat them with humanity, fairness and compassion stands heightened where liberty is lawfully curtailed,” the Bench said.