Crime and Prisons in Pakistan

CRIME AND PRISONS IN PAKISTAN

Crime is prevalent in various forms in Pakistan i.e. organized crimes include murder for hire, drug trafficking, money laundering, Indian currency printing and fraud. The other crimes include human trafficking, corruption, black-marketing, political violence, kidnapping for ransom and terrorism. The major causes of crimes in Pakistan are lawlessness, fundamentalism, backwardness, unequal distribution of power, wealth and resources, poverty, illiteracy, industrialization, urbanization, political set up, and double standards prevailing in the society. The prisons play a vital role for the increase in crime. Pakistani jails are the universities of crime. These institutions provide the facilities to the new criminal to be more aggressive for the society and create more tendencies to commit crimes.The main object of maintaining prisons is to keep the convicted prisoners in confinement so as to save the society from their evil influence. They are supposed to undergo their punishments in jail. During their detention, the jail inmates are supposed to get proper accommodation, food and medical facilities. They are also supposed to be imparted education/training during detention, so as to be reformed, and on release, become useful and productive members of the society. Unfortunately our prison system seems to be failing in providing basic facilities to jail inmates.Section 4 of the Prison Act 1894, Rules 745 to 752 and Chapter 31 of the Pakistan Prisons Rules 1978, deal with the accommodation as well as sanitary conditions in prisons. Currently there are 75 jails in Pakistan out of which 28 are situated in Punjab, 16 in Sindh, 21 in NWFP, 10 in Baluchistan and 3 in Northern Area. Similarly, there are 4 jails in Azad Jammu and Kashmir.

Overcrowding is almost the solo biggest problem playing the jail system in Pakistan. Besides suffering the aging of living in extremely cramped quarters, prisoners charged with petty crimes come into contact with hardened out lows. Ultimately the minor offender leaves jails itched by his experience and armed with the knowledge needed to begin a career in heavy weight crime.



Drug abuse is another rampant. The involvement of police personnel in the drug business has made the prisoners easy to be indulged in the drug addictions. Meanwhile, negligence or, oversight, on the part of jail staff leaves inmates, particularly the younger ones at the mercy of sexual predators. The changing weather conditions are not combater by suitable arrangements to facilitate the prisoners in avoiding the Bad impacts of seasonal variation and temperature conditions.

The inhuman and degrading treatment caused by overcrowding, Corruption and nepotism in Pakistan, have undermined the minimum standards prescribed under the international instruments and the steps that would conform the fundamental rights. The constitution of Pakistan, Article 9, guarantees that no prisoner shall be deprived of life and liberty save in accordance with low, while article is provide freedom of movement though all the prisons in Pakistan are facing the problem of housing inmates for exceeding the number than that. What each of them was generally designed for? The condition of children and women is far bad than expectation. No education facility for children is available. The women are treated beyond the laws and threatened by the jail authorities. Moreover no suitable facility for the pregnancy is available. A comprehensive plan to change the prisoner's fate is required. The prisoners given death sentence are kept in special death cells, constructed for the purpose. Normally these are very small rooms measuring 9' X 12' attached with WC in a corner, rounded by a wall of 3' height. It has been observed that 3 to 6 prisoners are kept in one death cell. The prisoners in death cell are entitled to one hour walk, 30 minutes in morning and 30 minutes in the evening, while handcuffed. It is recommended that the duration of walk time may be extended from half an hour to one hour, each in the morning and evening, and the rule pertaining to the use of handcuffs during walk may be applied only in respect of terrorists and/or dangerous criminals. It is further recommended that the prisoners may be kept in death cell according to the capacity of the cell.The accused persons, on their arrest, are kept in detention at the police lockups. In the court premises, they are kept in judicial lockups. Such lockups are few in number and are generally in a dilapidated condition. They lack basic facilities such as fans, benches, toilets, etc. It is, therefore, recommended that adequate number of police/judicial lockups may be constructed and the conditions of existing lockups be improved, providing therein the requisite facilities.Section 27 to 30 of the Prison Act 1894 and Rules 224 to 249 of the Pakistan Prison Rules 1978, clearly provide for the classification of prisoners on the basis of their involvement in civil matters or criminal offences. They further require for the segregation of female and juvenile convicts from the rest. It has generally been observed that due to overcrowding in all the prisons of the country, the rules relating to segregation are not fully observed. This practice is contrary to the Injunction of Islam and the laid down law/rules.The facility of separate prisons for women is available only in Multan, Province of the Punjab and in Larkana, Province of Sindh and Peshawar, Province of NWFP. Similarly, the facility of separate jails for juveniles exists only in Landhi (Karachi) in the Province of Sindh and in Bahawalpur, Province of the Punjab. Elsewhere in the country, segregation is effected through separate enclosures for women and juveniles within the same premises.It is, therefore, recommended that arrangements should be made for the construction of separate prisons for women convicts and juveniles. Proper food, education, training and other facilities should also be provided to women and juvenile offenders.

Rule 679 of the Jail Manual provides for the provision of education up to the primary level to all illiterate prisoners and further provides for appropriate facilities to those prisoners who wish to acquire higher studies. The rule further provides for the establishment of well furnished library in jail premises where books, magazines and newspapers should be made available.Rule 215 provides for remission to prisoners who qualify any examination.Rules 776 to 809 of Pakistan Prison Rules, 1978 deal with the medical treatment. Under Rule 787, in each prison a hospital for the treatment of sick prisoners is required to be established. In case of illness, the prisoners should be admitted in hospital for proper treatment. Rules also provide for proper medical care and special diet to the patients during their illness.

A number of prisoners made complaints that they were not being provided medicines, even for serious illness. In all prisons, the hospitals are without proper laboratories, equipments and necessary medicines. It is, therefore, recommended that in each prison, proper medical facilities be provided. A qualified medical officer should be appointed with appropriate adequate nursing staff. The medical officer should be provided residence on or near jail premises so as to be available for emergency treatment. In case of serious illness, the patient should be referred to appropriate government or private hospitals for treatment.



When the police custody and jail situations are alarmingly explosive worldwide especially in democracies like India, it is indeed remarkable that Prime Minister Gillani has volunteered to affect much need reforms to clean up jail atmosphere in Pakistan. The way impression should created to show that jails need not be so bad just because the inmates are undergoing punishment. In this regard, encouraging the non-governmental organization, by giving them appropriate incentives and privatizing certain selected services may be an alternative.



Recommendations for the prisons to reduce the crime

1. The punishment of putting bar fetters should be abolished in all prisons.

2.The relevant prison law prescribing the punishment of whipping for jail offences should be repealed so as to comply with the Abolition of Punishment of Whipping Act 1996.

3.  With a view to check the abuse of discretionary powers of Superintendent, the prisoner should have a right of appeal against major penalty to Inspector-General, Prison.

4. Prisoners should be allowed to keep a radio (with headphone), wrist watch, books, paper and pen/pencil, without having to obtain any permission.

5. All convicts of Class "C" should be allowed to wear their own clothes instead of jail uniform.

6. The duration of walk time for condemned prisoners should be extended from half an hour to one hour, each in the morning and evening, and the rule pertaining to the use of handcuffs, during such walk, may be applied only in respect of terrorists or dangerous criminals.

7.Arrangements should be made for the accommodation, food and education of children, accompanying convict women, outside the jails.

8. Proper security system should be ensured in jails. Closed circuit T.V. equipment should be installed in jail and the staff be given appropriate gadgets for detecting escapes. Such staff must also be given appropriate training for the purpose.

9. The system of granting remission on account of acquiring education and higher qualifications should also be reviewed with a view to allow remission on the basis of certificate/degree awarded. For higher degrees the period of remission should be greater.

10. Arrangements should be made for provision of legal aid to indigent prisoners and to facilitate prisoners in meeting their counsels.

11. Children should also be allowed to meet their relations in prisons.

12.The facilities of out-door games like football, basketball and in-door games should be provided.

13.The number of prisoners in a death cell should be according to the capacity of the cell.

14.Arrangements should be made for the construction of separate prisons for women convicts and juveniles. Proper education and training should be provided to the women prisoners and juvenile offenders.

15.In every jail, facilities should be made available for religious, general as well as vocational/technical education to prisoners.

16. Arrangements should be made for the proper utilization of Open Jail, Badin. Similarly, open jails should also be established in other places. To start with, at least one such facility should be immediately established in each province.

17. In each prison, a qualified medical officer, nursing staff and essential medicines should be provided. In case of serious illness, the prisoner should be referred to an appropriate hospital for tests/treatment. Periodic visits by consultants, specialists, psychologists, psychiatrists, etc should also be arranged.

18.The medical officer should be provided residence on or near the jail premises so as to ensure his/her availability in emergent cases.

19.Proper treatment for drug addicts should be arranged in jail hospitals or outside, in public/private hospitals/clinics.

20.The system of jail inspection be strengthened so that the judges of high courts and subordinate courts regularly visit jail and give on-the-spot instructions regarding the cases of under-trial prisoners.

21.Proper facilities should be provided in meeting halls so as to facilitate prisoners in meeting their relatives/friends. Prisoners with good conduct may also be released on short parole to meet their families and help them in tasks such as cultivation/harvesting of crops, etc.

22.Instructions should be given to executive and judicial authorities to carry out jail inspections at regular interval.

23. All remissions granted or earned should be recorded on the history ticket. Such ticket must be in duplicate with one copy available with the prisoner. The prisoner should carry the ticket along on transfer to another jail.

24.There is a need for improving the salary structure and service conditions of prison staff. They should be given proper training.

25. For release on short parole, permission should be given by the Director, Reclamation & Probation, after due process.

26.A greater number of prisoners should be released on parole not just for working as domestic servants but also to be employed in trade, industry and other commercial institutions in the public/private sector.

27.With a view to address the problem of lack of transport facilities and security arrangements, the Government may establish courts on or near jail premises for the expeditious disposal of cases.

28. New prisons should be constructed in the outskirts with proper facilities for prisoners. The conditions of police/judicial lockups should be improved and due facilities, such as fans, benches and toilets should be provided therein.