"Prisoners do not cease to be bearers of constitutional rights upon incarceration." — The Supreme Court, in a February 2026 order, was pointed in its language as it directed States and UTs to develop a time-bound protocol for filling vacancies in Open Correctional Institutions (OCIs). The Delhi government has since been tasked to start work on an implementation strategy to restructure the open prison model in the national capital.

The apex court's mandate came on a PIL addressing prison overcrowding, but in doing so, it opened a larger question about what punishment itself means in a constitutional democracy.

If India were to finally scale up and reform its open prison model, could it meaningfully dent the overcrowding crisis? Or is the more urgent question whether OCIs need to be seen as far more deliberate spaces where the metrics go beyond just occupancy?

Guest: Medha Deo, Director, Fair Trail Programme (Square Circle Clinic) 

Host: Vibha B. Madhava

Edited by Sharmada Venkatasubramanian

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