OVERCROWDING OF PRISONS AND NON-INSTITUTIONAL TREATMENT OF OFFENDERS:

THE CONTEXT OF NEPAL

November, 1999

New Delhi, India.

Dr. Meen B. Poudyal Chhetri

Under Secretary

Ministry of Home Affairs, Nepal.

ABSTRACT

In the present world, prison service is becoming a specialised and professionalized service. Even so, there are a number of problems faced by the prisoners as well as the prison administrators especially in the developing countries. Basically, resource constraint is posing as a direct obstacle to our effort to manage the prisons. Besides, other problems range from significant organisational and physical weaknesses like overcrowding of prisons and non-institutional treatment of offenders to the jailer's behavioural indifference towards the prison inmates. However, a gradual awakening among the policy makers and the prison administrators to look into the problems of the prison inmates from the point of view of humanity and social service is creating a favourable situation and enough room for their improvement.

In spite of these problems, the selection of proper strategies and availability of funds and resources could certainly help to reduce them. Moreover, to solve the problems, political commitment and good governance are quite essential. Now it is high time to acknowledge the fact that the motto of the prison administration is to serve and assist the prisoners but not to torture and rule over them. We have to pave the way for the protection of the rights of the prisoners. We must understand that a person sent to prison does not become a non-person. Thus, a prisoner is entitled to all rights within the limitations of his incarceration. It is also necessary to promote greater community -involvement in the management of criminal justice and to promote among the offenders a sense of responsibility towards the society. In view of the above facts, it can be concluded that a prison should be translated into a correctional institution.

 

 

BACKGROUND

 

The history of well-organised prison system is not very long in Nepal. For the first time the Central Jail was established in 1895 at Kathmandu during the Rana*1 regime. At the beginning, the Rana Generals used to head the prison administration When for the first time democratic system was introduced in Nepal in 1951, the prison administration came under the control of the Home Ministry*2 and the prisons of the Kathmandu valley were controlled by the then Zonal Commissioner while the district prisons were controlled by the then District Magistrates of the respective districts. Prison Act and Prison Regulation were introduced in 1963 After the restoration of democracy in 1990 a separate department was established i.e., the Department of Prison Management under the Ministry of Home to manage and strengthen the physical facilities of prisons. At the district level, the Chief District Officer controls and supervises the prisons. There is also the provision of a jailer in each prison to conduct its daily administration. Security aspect of the prison is being taken care of by the police personnel who work under the Jailer. At present, there are 73 prisons in the whole Kingdom with a capacity to house 7,233 inmates.

 

Prisons are classified into four categories (A, B, C and D) and the prisoners are also divided into two classes (A and B). There are convicted (sentenced) as well as unconvicted (pre-trial) prisoners in almost all prisons of Nepal. Currently there are around 50 percent pre-trial prisoners out of the total prison population in Nepal.

 

According to the law of Nepal there is no hard Labour imprisonment. Nevertheless, in some prisons of Nepal the Department of Cottage and Rural Industry has established small scale industries to engage the prisoners in some income generating activities where interested prisoners can work. They also get wages for their work though the wage rate is far below the normal wage rate level. Moreover, skill and trade training facilities are quite inadequate

 

*1 Ranas (members of the same family) were the former ruler of Nepal between 1847 A.D. and 1951 A.D.

*2 Please see appendix I for the Organisational Structure of the Home Ministry.

 

ORGANIZATION

 

The Organisational structure of the prison system in Nepal is given below:

 

Home Minister

|

Home Secretary

|

Department of Prison Management

|

73 Prisons

 

The total number of the prisoners in various prisons of Nepal is as follows 3:

 

SOME FACTS AND FIGURES RELATING TO NEPALESE PRISONS

 

e Total budget for the prison management has been allocated at NRs. 123.975 million 4 for the Fiscal Year 1999/2000.

e For the security personnel NRs. 104,100 million has been allocated for the FY 1999/2000.

e NRs. 19,700.00 has been spent per prisoner per annum.

e Prisoner population ratio is 1:3300

e To maintain discipline among the inmates and keep the prison neat and clean, the jailer appoints a watchman (chaukidar), a head prisoner (naike) and assistant head prisoners (bhai naike) among the prisoners bearing good character.

e There is a primary school at Birgunj and a secondary school at the Central Jail, Kathmandu to educate the prisoners Usually, young prisoners prefer and are encouraged to receive education. However, all the prisoners who are interested to get education are entitled to attend the school.

e There are libraries in most of the prisons though many of them are very small in size mainly due to the lack of funds.

e There are 4 small scale industries in four prisons (Kathmandu, Palpa, Jhapa and Pokhara).

e Prisoners are not required to work at all, if they do not intend to do so.

e Prisoners have access to radio and newspapers. In some prisons where electricity facility prevails they also have access to television.

e Medical facility is available. Those who require specialist treatment are transferred to well facilitated hospitals.

e There are temples to pray in almost all the prisons.

e Women are allowed to keep their babies with them.

e Male prisoners and female prisoners are kept at separate buildings or blocks Convicted prisoners are separated from unconvicted prisoners and the prisoners above 21 and below 21 are also housed at separate compartments. Similarly, prisoners of criminal case and prisoners of civil case are separated. Sick prisoners also are not mixed with other prisoners.

e Male and female prisoners are detained in separate building/block.

e Prisoners with incompatible backgrounds are not assigned to the same cells/cubicles.

e Prisoners have separate beds & bedding mattresses.

e Prisoners are allowed to make a request or a complaint without censorship.

e Legal counselling is available

e Concerned authorities inspect prisons from time to time.

e Prisoners are allowed under necessary supervision to communicate with their families and reputable friends at regular intervals, both by correspondence and by receiving visitors.

 

*3 Source: The Department of Prison Management. Figures are as of June 1919.

*4 US dollar l.00 equals to NRs.69.05

 

REMISSION

 

According to the Prison Regulation, 1963, those prisoners who bear good character and respond favourably, get 50 to 60 per cent remission (depending upon the type of cases) in their total period of imprisonment. Remission is being granted by His Majesty the King each year on the occasion of His Majesty's Birthday. Constitution Day and Democracy Day However, those who are imprisoned for smuggling, rape, girls trafficking and drug trafficking shall not get such remission. Those prisoners who work as school teacher, \watchman, head prisoner and the deputy head prisoner at the prison shall get a remission of 1 to 2 month per year.

 

A UNIQUE CHARACTERISTIC IN NEPALESE PRISONS

 

Unlike other countries of the world in some of the Nepalese prisons there are dependant children of the prison inmates. The total number of such children is around 100 inhabiting at various prisons of Nepal. The dependant children are not the offenders, but they have to live in the prisons, as their guardian (father or mother or kith and kin) remain in the prison. Thus, these dependant children are being punished for committing no crime. They are the victims of the situation created by their guardians.

 

THE OVERCROWDING PROBLEM OF PRISONS

 

The problem of overcrowding of prisons in Nepal may be quite different compared to other countries. If we look at the figures we may find out that the prisons of Nepal can accommodate 7,233 prisoners whereas, at present, there are only 5,987 prisoners. Therefore, it seems that there is no spatial problem for prisoners in Nepal. Some Prisons are even vacant in the districts of Manang and Mugu. It is true but hard to believe that the prisons of these two districts are being taken on rent. On the other hand, some prisons of the country located at the middle hill and the Terri regions are overcrowded. Most of the Nepalese prison buildings are quite old and ill facilitated. Rooms in most of on buildings are dark, narrow and have low elevation.

Boundary wall, wiring and lighting system also are poor. Thus, the prisoners live in a harsh condition.

 

The Government is aware of the poor living conditions of the prisoners but because of the paucity of funds, it has not been able to carry out any reform measure.

 

OTHER PROBLEMS

 

e There is the lack of safe drinking water. There is also the lack of bathing and shower installations and hot water. They have to take bath and wash their clothes in a common water tap or well.

e Single-occupancy of a cell or a room is a rare occurrence.

e Handcuffs, chain, iron balls may be used to punish the prisoners who are dangerous and violate the rules and regulations of the prison.

e Opportunity of education and medical facilities is quite limited in most prisons.

e Society does not easily accept the prisoners after they are freed from prisons.

e There is no sufficient work in the prison to keep all prisoners actively employed. There is no facility of working outside the prison gates.

e There is limited opportunities for recreation and sports.

e Skill and trade training facilities are inadequate.

e There is no facility for extra longer visits and more leisure activities.

e The prisoners have no opportunity to decorate their cell or room as they live mostly in groups.

e Most of the prison authorities need training to handle the inmates in conformity with human rights and democratic values.

 

MEASURES TO SOLVE THE PROBLEMS

 

e Safe drinking water should be provided. Bathing and shower installations with hot water should also be made available.

e Due regard should be paid to climatic conditions and particularly to cubic content of air, minimum floor space, lighting, heating and ventilation.

e Single-occupancy of a cell or room should be made available.

e Handcuffs, chain, irons should not be used to punish the prisoners in minor offences.

e Literacy programs should be run for the illiterate prisoners.

e Attempt should be made to change the attitude of the inmates so that they can be easily rehabilitated in the society.

e Social relations and after-care services should be made available after their lease.

e Sufficient opportunities should be created to keep all prisoners actively employed.

e Skills and trade training facilities should be made available.

e Health, education, communication, recreation and sanitation facilities should be made available.

e Facilities for extra longer visits and more leisure activities should be made available. The prisoners should be released in parole.

e The prisoners should have the right to decorate their own cell or room.

 

Keeping in view of the above situation, it is necessary to formulate a sound policy to reform the present prison system. For this purpose strong political commitment combined with good governance becomes an indispensable requisite International standards should be incorporated in domestic laws. There should be uniformity of laws relating to treatment, remission and release. Sufficient funds and resources should be made available from internal and external sources to improve the present situation. On the other hand, there is also the need of a good supervision. The purpose of supervision should be to reduce re-offending and assist the offender's integration into the society. Offenders should be provided with social assistance and opportunities to assimilate in the community to facilitate for reintegration. It is needed to promote greater community involvement in the management of Criminal Justice System and to promote among offenders a sense of responsibility towards the society.

The offender should be provided with early termination, if he/she responds favourably. And thus, there should be the provision of releasing the prisoners in parole. Provision of halfway house and appointment of probation officer would be a welcome step.

 

To solve the problem of over-crowding of the prisons there should be the discrimination in certain offences. An alternative to imprisonment has to be thought of in minor cases. For example, fines, community service orders, probation/parole, attendance in Treatment Centres and restitution may be applied as an alternative to imprisonment. Restricting the police powers of arrest, procedures for speedy trials, simplification of court procedures, liberalisation in granting bail and period during which under-trial prisoners have already been held should be set off against sentence, if convicted. These are non-custodial measures to solve the overcrowding problem of the prisons.

 

CONCLUSION

 

The State and its institutions exist to serve the society. A prison is also a part of the society. Therefore, prison service has to be a specialised and professionalized service. There is also the need of training to the prison personnel and transparency in prison administration. There is the need of people's participation and media support in the application of non-custodial measures. It is also needed to involve NGOs in welfare activities of the prisoners. Special focus has to be given on the alternatives to imprisonment for minor offences to reduce the number of prisoners.

 

BIBLIOGRAPHY

 

e Civil Code ("Muluki Ain") (1964). His Majesty's Government of Nepal, Ministry of Law & Justice, Kathmandu, Nepal.

e Compensation Against the Torture Act (1996), His Majesty's Government of Nepal, Ministry of Law & Justice, Kathmandu. Nepal.

e Local Administration Act (1971), His Majesty's Government of Nepal, Ministry of Law & Justice, Kathmandu, Nepal.

e Police Act (1955), His Majesty's Government of Nepal, Ministry of Law & Justice, Kathmandu, Nepal.

e Police Regulations (1993), His Majesty's Government of Nepal, Ministry of Law & Justice, Kathmandu, Nepal.

e Public Security Act (1989), His Majesty's Government of Nepal, Ministry of Law & Justice. Kathmandu, Nepal.

e Regional Court Regulations (1980), His Majesty's Government of Nepal, Ministry of Law & Justice, Kathmandu, Nepal.

e Statistical Year Book of Nepal (1997), His Majesty's Government of Nepal, Department of Statistics, Kathmandu, Nepal.

e The Constitution of Nepal (1990), His Majesty's Government of Nepal, Ministry of Law & Justice, Kathmandu, Nepal.

e Zonal and District Court Regulations (1997), His Majesty's Government of Nepal, Ministry of Law & Justice, Kathmandu, Nepal.

e Children Act, (1991), His Majesty's Government of Nepal, Ministry of Law & Justice, Kathmandu, Nepal.

e Children Regulation (1994). His Majesty's Government of Nepal, Ministry of Law & Justice, Kathmandu, Nepal.

e Prison Act (1963), His Majesty's Government of Nepal, Ministry of Law & Justice, Kathmandu, Nepal.

e Prison Regulation, (1963). His Majesty's Government of Nepal, Ministry of Law & Justice, Kathmandu, Nepal.

e Prison Directory, (1996) His Majesty's Government of Nepal, Department of Prison Management