THE PROBLEM OF OVERCROWDING OF PRISONS &

NON INSTITUTIONAL TREATMENT OF OFFENDERS

A human body depends on four systems e.g. nervous system, circulatory system, respiratory system and digestive system and malfunctioning of any of the organs can fail the body. Likewise all four organs of Criminal Justice System- Police, Prosecution, Court and Correction- must function properly and hence it is imperative to enquire and appreciate if the whole system is functioning properly.

Prisoners are recognised usually as one of the most vulnerable groups in our society. They are in isolated circumstances and exposed to possible infringement of their rights and securities from Govt. authorities and other inmates. The main serious problem is that most people think it is natural for prisoners to suffer because they rightly deserve the punishment for their behaviour. However, they often tend to forget that those prisoners who have not been convicted are assumed to be innocent and even after conviction, the sentence should be executed in a humane manner- because the offenders are also part of society.

The globalisation of crime has cast its shadow on the effectiveness and adequacy of the traditional policies, practices and procedures, not only in law enforcement but also in correction and rehabilitation like other components of criminal justice system. As a consequence of ever-increasing crime rate in many countries penal institutions have become overcrowded. Thereby confinement in over crowding jails not only imperils the enjoyment of the basic rights of a prisoner but also in many cases intensifies or hardens his criminal tendencies. A penal institute is often described as a “school of crime”.

Like other developing countries- the prisons of Bangladesh are overcrowded by more than triple (300%) the number of registered capacity. In our country the prisons- barring exceptional few- have become storehouse for breeding hardened criminals due to such ever increasing over crowding and almost non implementation of any classification programme. In the recent past things have deteriorated. Number of jails in the country is 80- wherein registered capacity is for 23120, but actual population is 59444 of whom 44368 are under trial and 14125 are convicted prisoners. This is considered to be one of the principal causes of human security violation and the Table- A below reflects the actual position to be food for thought of the pundits and policy makers.

TABLE- A

Law and rules regarding management of prisons in Bangladesh are enumerated in Jail Code Vol. I, II formulated in nineteenth century by colonial rulers. In this connection the Prisons Act (Act IX of 1894) and the Prisons Act (Act XLV of 1860) indicates the benchmark for the entitlement of breathing place to be allotted to each prisoner in the sleeping barracks as laid down in rule 1179 and 1188 of the Jail Code Vol. I e.g. Breathing space: 75 sq. yd. per head

Sleeping space: 36 sq. ft. per prisoner.

The statistics given above is self explanatory but the scale is almost an utopian in the land where innumerable floating population could not be included in the census report- and obviously it is apprehended that 130 million people in 54000 sq. miles with ever increasing birth and decreasing death rate will pose serious question in days to come.

The statistics shows clearly that overcrowding is both for under trial prisoners and convicts- but it is more acute in cases of under trial ones. The in depth study has provided us with more than one reason e.g. lack of application of Alternative Dispute Resolution, Arbitration, Mediation, long period for disposal, innumerable adjournments, dilatory tactics of litigants and lawyers, ineffective supervision of court’s day to day matters and want of proper co-ordination among the relevant agencies- who are more prone to pass on the responsibility to others shoulders.

But the critical analysis has given us another reason i.e. abuse of power and motivated use of remand, custody as a punitive measure. This unfortunately smacks something wrong and the evil practice is more practised during political regime to harass the Opposition by the Ruling Party. And the very question of fair investigation and trial comes to the fore- which testifies more when it is seen that the number of political victims becomes less during Caretaker Govt.- who takes power for about three months to conduct the election as neutral executive.

The second point which is worth consideration is that of recidivism because when the incumbent is free after due convicted period ? he is a normal citizen but the social stigma and lack of due co-operation from both Govt. and Non- Govt. agencies for his/ her rehabilitation and reintegration in society to live civic life as a citizen and pursue vocation of his/ her own choice becomes difficult. Rather often he/she is hurt mentally- being returnee from jail and hardly anyone show compassion even if the incumbent is really repentant. Consequently the incumbent goes for the ultimate resort of repeating the offence to become recidivist and to get enhanced punishment during trial to be hard nut in prison.

The question of management and manpower is really important- Table: B below shows the staff strength of the jails of the country. Inspector General of Prison is generally is on deputation from other service cadre.

TABLE: B

But mere manpower is not all- rather their mental make up, training, aptitude and the minimum required equipment’s are more important. Unfortunately Bangladesh suffers from both the counts. The democratically elected Govts.’ have taken up the scheme to go for tackling the acute problem of accommodation- and for that purpose after more than one revolt in different jails- the construction of new projects costing huge amount from poor exchequer is in hand. (Table: C)

TABLE: C

When these projects are completed over crowding problem may be eased to some extent and congenial atmosphere may be created therein for reformative activities by way of vocational, religious, academic training facilities for their correction. In that case monetary remuneration to the labouring convict need be considered seriously for their present incentive and future rehabilitation. Social services, NGOs and other benevolent units and individuals need come forward to render helping hand for these wretched ones who need humane treatment. But until and unless the prison staff are sensitised duly to handle the inmates perhaps nothing will produce desired result.

Financial support from international organisations and donor countries can play a vital role to build up the Correctional Institutes to come up to our expectation- as presently they do need correction themselves specially to inculcate the feelings that the inmates within four walls call cell, jail or whatever name may be, are also human being and spirit of “Tokyo Rules 1960” to make the institutes adopt more humane attitude in their dealings with the inmates.

Policy makers must recognise the importance of prison system and the work for the much needed reforms need to be taken up in right earnest. If necessary it should have to be done in collaboration with international agencies and organisations. Human rights should be secured for the prisoners to the same extent as for people outside the prison. For this purpose training of prison officers is needed to increase their awareness about the psychological, theoretical and technical aspects of imprisonment- so to say- the vital need for correcting the correctional institutes have become a must and the earlier it is realized the better for the new generation in the coming millenium.