Title- A Prison Without Bars, Chains, or Locks
Should India Adopt Finland's Open Prisons Model?
DOI:
https://doi.org/10.61120/plr.2024.v2227-49Keywords:
Open Prison System, Reformative Justice, India, Finland, Fundamental Rights, New Model Prison Act 2023Abstract
Krishna Iyer, J. in his judgments has always supported humanitarian over punitive treatment of inmates. The Indian Constitution guarantees the fundamental right to life and personal liberty to all people, including prisoners. Previously, prisons were thought to be small rooms where convicted criminals were kept away from luxury and public life to allow them to reflect on their crimes and repent. Since ancient times, prisons have been used both domestically and abroad as punitive and correctional facilities. One of the concepts employed by the criminal justice system to help prisoners become law-abiding citizens is the open prison.
This article begins with a brief study of the concept of open prisons and a comparative discussion of open prisons in Finland and India. This research paper tries to bring out the contrast between the Indian and Finnish Open Prisons as Finland is the perfect example to study the implementation of reformative justice in prison administration. The researcher has also critically discussed the conditions of the open prison system in India and tried to suggest measures to enhance the condition just like the Finnish Open Prisons. In the end, the researcher has concluded the paper with some suggestions that can be implemented to enhance the conditions of the open prison system in India.
Downloads
Published
How to Cite
License
Copyright (c) 2024 Prayagraj Law Review
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
All works published in PLR are licensed under Creative Commons Attribution- Non-commercial- ShareAlike 4.0 License.
Under these terms,
You are free to:
- Share — copy and redistribute the material in any medium or format
- Adapt — remix, transform, and build upon the material
- The licensor cannot revoke these freedoms as long as you follow the license terms.
Under the following terms:
-
Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
-
NonCommercial — You may not use the material for commercial purposes.
-
ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.
- No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.