1. punishment to those offending laws of the country; and
2. providing for their rehabilitation during their stay in prisons.

This is an ideal perception of the jails as institutions reckoned by Gresham Sykes in his work “THE SOCIETY OF CAPTIVES”.

In the matter of administration of jails, it has always been a mind-set of the law-enforcing agencies that physical discomfort is SINE QUA NON of imprisonment. Regard is seldom shown to the adequateness of accommodation space and other facilities for the prisoners. In fact, in majority of prisons in South Asia, there is acute problem of over-crowding and negation of institutional treatment required to be meted out to prisoners.

The situation in Pakistan in the matter of over-crowding of prisons is equally serious. This is borne out from in a comparative examination of figures, relating to capacity and population. The tabulation in this behalf as spelt out in the Prisons Reforms Report 1997 is set out as under:

　

　

　

　

　

　

　

　

　

JAILS: CAPACITY & POPULATION

No. of Jails Capacity Population

Punjab 29 17,271 53,333

Sindh 15 8,305 15,438

NWFP 21 7,098 9,291

Balochistan 10 1,427 2,465

N.Areas 3 125 268

Total 78 34,226 82,795

NOTE: Figures for different provinces were available on different dates ? for Punjab on Oct. 31, for Sindh and Northern Area on June 30, for NWFP in December and for Baluchistan on March 31. Jails include 18 central prisons, 51 district and special jails, and nine sub jails.

Convicts Undertrials

Punab 10,939 42,394

Sindh 2,120 13,318

NWFP 2,816 6,475

Balochistan 1,015 1,450

N.Areas 15 253

Total 16,905 63,890

Thus, in Punjab undertrials exceeded the convicts by over 200% in Sindh by over 599%, in NWFP by around 150%, in Baluchistan by around 30%, and in Northern Area by over 1,580%.

Women numbered 1,245 in the jails of Punjab, NWFP and Baluchistan for which figures were available.

WOMEN CONVICTS % OF TOTAL UNDERTRIAL % OF TOTAL

__________________ CONVICTS ____________ UNDERTRIALS

Punjab 10 around 1% 897 2% approx.

NWFP 40 14% 169 2.6%

Balochistan 16 1.5% 13 less than 1%

CONDEMNED PRISONERS:

The total number of prisoners under the sentence of death was 3,231. Their province-wise distribution was as follows:

CONDEMNED TOTAL CONVICTS % OF CONDEMNED

PRISONERS TO

TOTAL

Punjab 3,067 10,939 28

Sindh 49 2,120 2.3

NWFP 61 2,816 2.1

Baluchistan 51 1,015 5

Northern Area 3 15 20

Need less to add, Over-crowding in prisons, is an international phenomenon. Pakistan is by no means as exception. The reasons, however, for the over-crowding with us could be different from many other countries. Needless to say, some factors might be common. Be that as it may over-crowding of jails has attracted attention all over the world. It would not be wrong to say that as emphasises imprisonment as a weapon against crime, it operates as a dominant factor on account of which jail population gets swelled imperceptibly.

　

It may be noted from the above referred data that out of 22,140 persons convicted and admitted to prisons in Pakistan as on 31^st December 1996, 13,196 were those sentenced to less than six months. The sending of large number of offenders to jail to undergo short terms of imprisonment by way of punishment is the primary cause for over-crowding of jails in Pakistan. The remanding of prisoners to judicial custody pending trial and investigation, is another major cause of over-crowding in jails. According to Law Commission of Pakistan Prisons Reform Report 1998, 59,245 persons had been remanded to judicial custody whereas authorised capacity happened to be only 27,000 people.

Most of the jails in Pakistan are those built to suit the population and crime rate as it existed over 50 ears ago. With the passage of time there has been a boom in population with no corresponding avenues for employment for the youth. The crime rate has gone up, largely on account of shifting of the population to the cities. Apart from raise in the crime rate, the slow and lethargic police investigation and delayed judicial process, is also attributed to the over-crowding in jails.

To counter the raise in crime rate, Government often makes special legislation to render difficult the granting of bail to such accused. Consequently the trial process being slow, jail population starts augmenting. Of recent, the Government of Pakistan has adopted a policy that in petty offences, accused must be released on bail on their own bonds rather than sureties. Directions have been issued to Sessions Judges and Judicial Magistrates to visit jails and pass release orders on the spot on furnishing of personal bonds rather than subject to furnishing sureties. According to news report of November 12, 1999 over 2,000 prisoners were released from different jails in one day on furnishing personal bonds. This is very healthy policy and if implemented with commitment, much of the pressure on the jails can be reduced.

Removal of prison sentences for certain offences and replacing with alternative punishment, would also reduce over crowding of prisons. It has been noted with gross concern that a large number of people in jails are denied fair excess to Courts for their being not able to afford legal assistance. To meet this contingency, the Lahore High Court Bar Association has set up a Free Legal Aid Cell to provide assistance free of costs to the needy prisoners. The Inspector-General Prisons Punjab of recent referred over 7000 cases and the Bar has already extended effective assistance and help in a large number of these cases. This venture of the Lahore High Court Bar which is premier Bar Association in Pakistan, would cleanly go a long way in reducing jail population.

We have already amended our Criminal Procedure Code by adding Section 382-B. As a consequence of this, the sentence awarded by the Courts to an accused gets reduced by the time spent by him in jail either during investigation or trial. If the sentencing system is further supplemented by regular system of parole, the pressure on jails could be further released. So far, in Pakistan, we have not been able to establish non-institutional treatment of offenders. This is primarily because there is not enough emphasis in recognition of reformation to breakers of law. In our Criminal Procedure Code, a fair number of offences have been rendered as bailable. As a result, small time offenders do not have to be stuffed in prisons. This by itself is not enough to prevent over-crowding of prisons. However, if measures like probation and temporary release while serving sentence are introduced, same could be of considerable help not only in reducing pressure on the prisons but would also have healthy effects on the crime situation.

It may be of interest to note that in Islamic Penal System, it is not permissible to keep any married person away from his spouce for over four months. Only if this principle is implemented and rules are made and parameters are drawn out for implementation of Islamic policy of sentencing, it would have a far-reaching effects in releasing pressure on the jails. According to verses of Holy Quran (5:146 Al-Quran):

“Who so repents and Reforms Allah accepts their repentance and reformation”

The idea of rehabilitation and correction is provided by all religions and social norms.

　

　

(Dr. Khalid Ranjha)

President,

Lahore High Court Bar Association

Lahore