Abstract

Pakistan has been following the prison system of the British Empire. The Pakistani prison system has undergone many changes. Efforts to bring the prison system in Pakistan in conformity with the modern prison system has been made. The restoration of democracy in Pakistan has been helpful in the significance of prison reforms.   The data for this paper have been collected from Human Rights Organization (Council of Pakistan), Islamic Ideological Council and jail training institute Lahore. The research attempts to explore prison reforms in Pakistan in historical perspective and suggests for tuning the prison system in Pakistan.  

Key Words

Prison, Reforms, History, Pakistan 

Introduction

Prison is meant for prisoners and prisoners are those who are convicted and punished by the courts. The research paper aims to improve the condition of Pakistani jails through applicable recommendations. In the old days, the prisoners were kept in their local jails irrespective of their gender. But in “Bloody Code” of 18th century, the death sentence was brought into practice and this was merely because of the pressure of the opponent, but the result of such practice had negative consequences. John Howard condemns it as sadistic. He asked for the permanent staff and regular inspection of jails. Bentham in 1791 introduced “Panopticon” and through this a check was brought in jails. The Penitentiary Act (1799) asked for the regularization of jail system. In 1816, the first jail was brought into practice at Millbank London. In 1877, a prison controlling body was set up and prison was regularized. Later on, it gave birth the Act of 1908, which was purely for the stoppage and control of enemies. Similarly, the first unlock jail was introduced in Wakefield in 1933. This idea was backed by the views of Sir Alax Paterson. 

Pakistan adopted the prison system of Great Britain because of being its colony up 

                                                 

* Professor, Department of Political Science, University of Peshawar, Peshawar, KP, Pakistan. 

Email: zahid_anwar@uop.edu.pk 

† Ph.D. Scholar, Department of Political Science, University of Peshawar, Peshawar, KP, Pakistan. 

to 1947. The history of punishment traces back to 18th century but it was a manifestation of biased attitudes and practices. It is also aggressive in nature. The prisoners have the fulfillment of their basic rights in spite of violation to a great extent. Globally renowned organizations work in this field whole heartedly. The prisoners are in terrible condition and most of their rights are usurped not only nationally but also internationally. But their condition is very much deteriorating in the 3rd world countries like Pakistan. The reforms in jails in Pakistan started from Punjab by PPDC which was led by then IG prisons Salamatullah. The PPDC (Punjab Prison Development Commission) convened its first meeting in October 1950. Reforms in Pakistani jails have been brought with a very slow pace, through transformation and rehabilitations. But still our country does not meet the international standards and does not live up to the standards fixed by international reforms in jails. In this regard the Law and Justice Commissions of Pakistan have been approached by different national and international organizations within the authentic data and they sought the reforms in Pakistani jails with the help of their data and recommendations. The data were gathered from Human Rights Commissions, Islami Nazriati Council of Pakistan and jail training institute Lahore. Media is also active for reforms in jails in Pakistan. Some of the rights of prisoners are usurped in Pakistan but most of the rights are available to them. Pakistan has been trying to fulfil the demands of the international organization in this regard. 

 

History Related to Prison Reforms in Pakistan 

 

Jail is a barrier between courts and offenders, therefore, prison is the harshest approach to control offenders. However, in actuality this has always not been the situation. In true spirit prisons have been used to discipline/reform the criminals. 

 

Theories of Punishment 

 

1. Retribution 

This theory set up as "eye for an eye, tooth for a tooth" imprisonment procedure, which fundamentally talks about someone’s loss, then a proportionate punishment may be inflicted. This pushes the sense of taking revenge and one becomes the menace and threat for the general population as the balancing punishment does not prevail. It is, in any case, hard to pick what to look like at changed sorts of "mischief". A requesting case is the spot a killer is reproached with capital punishment, the contention being "worth requests a life for a vicinity".  

 

2. Deterrence 

The theory is used to threat to ourselves as well as other people. By keeping  prisoners in hard circumstances, powers would like to persuade them to stay away from future criminal conduct and to represent for others the prizes for maintaining a strategic distance from such conduct; that is, the concern of discipline will win over whatever advantage the illicit action may bring. The prevention show every now and again goes a long ways past "an eye for an eye", demanding a more serious castigation which will appear to be demonstrated through wrongdoing. Executions, especially horrifying ones e.g. hanging or decapitating frequently for minor offenses, are further illustrations of endeavors at discouragement.  

 

3. Recovery, Change and Adjustment 

Here Reform connotes change the individual, not the reformatory structure. The objective are to "repair" the insufficiencies found no single person and payback to them gainful people from community. Rule, job aptitudes, yielded satisfaction, moving nearer others with love, and balance are locked in. More energetic criminals who have done less and less amazing unlawful acts are bound to be viably changed. Reformatory Schools are set up in this model. 

 

4. Exclusion  

The target here is basically to keep criminals a long way from potential losses, accordingly decreasing the amount of law infringement they can present. This paradigm is being criticized for its easy-going approach towards the compensation of vacuum overlooked by the uprooted miscreant.  

 

5. Compensation 

Prisoners are compelled to reimburse their "obligation" to the public. Voluntary or low salary work is fundamental in various correctional facilities, routinely to the bunch's formal. In a couple of countries detention offices fill in as work camps. Observers say that the repayment model gives government a monetary spurring power to send more people to imprison. 

Prisons served in Pakistan with intend to keep balance with the domestic law and Hudood laws. It was described by a legitimately endorse "isolation, harshness, retribution, and humility amid Medieval and Ancient times”. Genuine order exaggerated around the system's display became extinct in 19th Century when Prison reforms are brought like a counting spot. 

At platform, it was the conviction that the accused’s spirit was being spared through the elicitation of truth by admission. In response to open issue, discipline got to be isolates and escaped society. Notwithstanding the component of persecution of earlier century prison reforms are not totally disappeared, because of the fact, penal justice which is the new apparatus consisting of “denial of freedom as well as technically modifications of the offenders”. At stage, it was the conviction that the destined individual was kept alive and preserved with the help of real truth through affirmation. In spite of the fact that the platform was utilized as a theater of discipline and hindrance for the have nots progressively didn’t go to like observers. The scene and spot of castigation gradually accepted the type of well-known festival and open occasion for sneering and disparaging the equity authorities instead of justices' aims to force dread upon the masses. This activity got to be worthless and futile. Along these lines, in response to open issue, punishment got to be confined and escaped from the society. Notwithstanding the instrument of abuse of prior century prison offices are not totally disappeared, as the new system of punitive equity comprises of both the hardship of opportunity and the specialized modification of the detainees. Jail as a position of discipline after sentence, is an eighteenth-century innovation. Targets of check and control developed in different nations relying upon their ideological considerations with respect to the furthest reaches of therapeutic structure. These reformatory limits are regularly prostration, avoidance; recuperation and restoration. Reformatories are additionally intended to perform various capacities independent of restriction and detainment. Penitentiaries changed into foundations of learning and adjustment. Jails are utilized to implement the imprisonment permitted by the Courts. Reinforce, watchfulness, possession and exchange of detainees are done in front line restorative establishments. Therapeutic workplaces are utilized for the sponsorship of control and protection detainees' congruity. Sorting out of recreational exercises and mental planning of detainees are the helper parts of the remedial offices. 

Prison Laws in British India

In Indian sub-continent the British Government through Governor General on 22nd March passed an Act No. IX 1894.The mentioned foundation subsequently next to Bombay Act II 1874 which was significant to relentless recovering workplaces in the Presidency of Bombay in the acquisitions of around 8 spaces. The Prisons Act 1894 was first mile stone contained twelve regions and 62 bits on foundation, support, commitments of jail staff and demand, plan, rights and duties of prisoners. The 1932 Jail Manual got the Governor's consent in get-together of Punjab on 31st December 1932. The mentioned Manual established 42 sections, 1160 standards, 20 supplementary enlightening supplements and a complete once-over. 

 

Jail Developments in Pakistan 

 

The prison reforms in Pakistan started in 1950 under the chairmanship of Col Salamat, former Inspector General Prison. Later on, differing modifying main terms of representatives were trained at districts and under the Central Government approval to evaluate the prisoners' complaints. The recommendation (propositions) were for the reevaluate of the prevailing prisons for minimizing the effect of counter measures at working sites. However, no fruitful exercise should be possible essentially as a delayed consequence of budgetary requirements. 

 

Reformative committee  

 

It is as under: 

1. The First Prison Reforms Committee was headed by Col. Salamat, the former Inspector General Police during 1950-55  

2. S. Rehmat Ullah, CSP, leaded Pakistan Jail Reforms Commission in 1956  

3. Mr. Equity S.A. Mahmood(R) led West Pakistan Jail Reforms Committee in 1968-70  

4. Under prison division Jail Reforms Conference 1972  

5. Mr. M. Hayatullah Khan H.S. 1981-83 led by Special Committee on Prison Administration   

6. Mahmood Ali khan, Deputy Minister led Jail Reforms Committee in 1985. 

7. In 1994, Nasirullah Babar, Interior Minister. 

8. Mr. Equity M. Rafique Tarar, Pak Law Commission  

9. Sajjad A. Shah, C.J Pakistan during 1997 led law and justice commission 1997 

10. Mr. Equity A.Q Sheik in 2000 led reformative commission. 

The principal secretary of Prime Minister chaired a meeting in NRB (National Reconstruction Bureau), this meeting was also attended and facilitated by the collaboration of the jail training institute Lahore and (NAPA) Lahore. The report regarding prison’s improvement was shared and convened to all the concerned in the province.  In 1997 (LJCP) provided a complete study to all the home secretaries and IG prisons of the provinces with directives and recommendations for the improvement in the jails. This enormous work has been started only for improvement in jails in Pakistan. 

This female boss is going by the chief of neighborhood jail. Jail guards are doled out in the remedial workplaces to control the detainees and keep up peace. The jail populace is made out of those sentenced unlawful acts or on remands for criminal accusations, and in addition common detainees and any individual "requested to be kept in jail without trial under any law identifying with the confinement of such individual”. Arraigned prisoner is described into "casuals" (unintended wrongdoers) and "schedule" (rehash wrongdoers), and moreover requested into teenagers (under eighteen years of age), youngsters (more than eighteen and under 21), and adults (more than 21). The standards furthermore perceive those encountering careful confinement (diligent work) and those encountering fundamental confinement. Remand detainees are grouped into those confronting the area and session's court and those focused on different courts. 

Classification of Prisons in Pakistan 

 

Central Prisons: In each Division Central Jail has been established. Focal correctional facility has constrained limit i.e. above thousands of offenders, autonomous of the measurement of imprisonment. The regular government has optional energy to reshape at any extraordinary correctional facility or region prison as a central correctional facility. 

 

Special Prisons: These fuse ladies’ confinement offices, open correctional facilities, borstal associations and youthful get ready core interests. The normal government can set up an uncommon prison immediately and spot of its picking or can broadcast any present correctional facility an extraordinary correctional facility. 

 

District Prisons: The focal confinement or remarkable prisons, all prisons are doled out as region confinement offices, which, in this way, are isolated into 3 categories: awesome. It accommodates those prisoners who have been sentenced from 1-5 years, the number of prisoners in such jails is normally five hundred. 

Classes of District Prison

These are as under:

1.       1st class, having convenience conventionally for 5 prisoners and plus sentence for 5-year term 

2.       2nd class, having convenience conventionally for 300 detainees or more however under 500 with 3 years and plus imprisonment

3.       3rd class, having convenience customarily for under 300 detainees with sentences up to one year.

Types of Prisons

S. No	Type	Numbers
1	Central Jails	23
2	District Jails	47
3	Sub-Jails	13
4	Women Jails	02
5	Juvenile Jails	03
6	Open Jail	01
	Total	89

Sub-jails: In sub-jails only, those accused are kept who are on remand. 

Law and Justice Commission of Pakistan, 1997

During a trip to Iran the chairman, Pakistan Law Commission visited a jail in mesh`had city, he liked the way that jail was administered and its prisoners were treated. The chairman wished to reform jails in Pakistan according to that model which he saw in Iran.  On 2nd November 1996 in the meeting of Pakistan Law Commission this issue was discussed. A committee was formed comprising of Mr Justice (Rtd) Abdul Kadir Sheikh, Iqbal Ahmed Khan, Mr. Justice (Rtd) Ali Hussain Qazalbash and Secretary, Pakistan Law Commission, to make proposals in this respect.  Initially the committee has chosen the secretary law and justice division and Shahzad Jehangir to be co-picked from Jail Reforms Committee to get benefit from their valuable perspectives about the issue under focus. The Committee, in its meeting on 21st Nov 1996, 11th Dec 1996 and fourteenth May 1997 discussed different proposals for amending jail laws. For instance speedy transfer of pending cases before the courts, burden of punishment in lieu of detainment for petty offenses and stipend of safeguard generously to ladies and other blamed persons included in minor offenses. The Committee explored the views of the concerned and experts, NGO's, I.G. Prison Reforms and the overall population, to get fundamental data in respect to how the issues of congestion, lack of healthy facility in prison, nutritious and health care facilities are also not available. Accordingly, headquarter got profitable recommendations and research on prison changes from the HRC (Pakistan), Central Jail Staff Training Institution, Lahore, Special Committee of the NWFP Provincial Assembly on Jail Reforms and Justice (Retired) Channa, D.G Sindh Judicial Academy. More than 50 complaints were sent from Jail detainees regarding the misuse of Jail authorities by the concerned. The sender of the letter was also from the civil society. All of them having common complaints of the non-availability of health and food facilities as well as misuse of the authorities and power by the concerned. They put forward applicable recommendation for reformation in Pakistani Jails. The data regarding these complaints were collected from the prominent prisons of Punjab and K.P. the data were not only confined to male prisoners but also females. The major prisons in Punjab and Sindh were visited for this purpose. On the Chairman's bearing, the Committee additionally directed Public Hearing at Karachi on fourteenth May 1997 on the subject of prison changes in which 21 conspicuous residents, specialists, advocates, columnists, experts, NGO delegates and a resigned High Court Judge, made presentations and recommended different proposition for change of the jail laws/standards and enhancing the living states of prisoners. Based on the material got from different sources, data assembled through visits to prisons, interchanges got from general society, encounters/perceptions described by natives and proposals got from significant experts, the Commission's Secretariat arranged a Report on Jail Reforms which was altogether talked about/thought upon by the Commission in its meeting hung on May 15, 1997 at Karachi and with proper changes/alteration, affirmed the same. The Commission chose that for viable requirement and usage of its proposals, it would be alluring that the concerned authorities are welcome to the following meeting of the Commission with a perspective to get their information and hear their perspective on the Commission's suggestions, in order to devise proper strides for the full and compelling execution of the Report. As needs be, it was chosen that the Attorney-General for Pakistan, Secretary, Interior, commonplace Secretaries, Home Department, all Inspectors-General of Police and Inspectors-General of Prisons ought to be welcome to the following meeting of the Commission. The Commission again met at Murree on July 23, 1997 to finalise its Report on Jail Reform. This meeting was gone to other than the individuals from the Commission, by the applicable open functionaries, specified in the previous passage. The members had point by point dialog/considerations on different procurements of the Report and proposed different enhancements to it. Some such proposals were acknowledged and joined in the Report. The Report as sanction by the Commission follows. With respect to the organization of jails and rights and obligations of detainees/prisoners, a few rules are followed i.e. Prisons Act 1894 and 1900 and 1978 (Pakistan). 

About 5000 to 78,500 prisoners are in wait be tried the quantity of captures is expanding gradually because of expanding offences rate at present security difficulties and swelling populace in Pakistan. Since lady jail strength is round about 900, congestion never an issue becomes ladies Jail facilities. Prison reforms have become to be fruitful spot for sustaining the lawbreakers. They turn out as solidified lawbreakers rather than changed and refined national. There is one and just correctional facility staff planning foundation termed as NAPA (National Academy of Prison Administration) Lahore, it goes under the ward of government. These organizations are out of access. Along these lines, inefficiency and debasement hold up in the restorative offices. Vehicle offices are lacking and once in a while distracted if there should arise an occurrence of crisis. Prisoners are gotten to courts with the help of vehicles which are not sufficient for the carriage of prisoners to court. As shortage of space women and young offender are hardly adjusted. Torture and sexual harassment are common in the prison. The imprisonment must be free and fair as it is the fundament right of the prisoners. Prison facilities have ended up focal point of pressure, defilement and illegalities. Transport offices are deficient and at times distracted if there should be an occurrence of crisis. Prisons have been able to be point of convergence of intimidation, debasement. Custodial torment and passing are request of the day regardless of United Nations presentation expresses that "Nobody should be liable to torment or brutal, cruel or debasing treatment of discipline". The UNCCPR which runs like: “All persons denied of their freedom might be approached with humankind and with deference for the characteristic nobility of the human individual”. Despite the fact that in detainment facilities the states of imprisonment are the criminal history of their detainees and their conduct in jail should be the elements that assume a critical part, different components are likewise imperative in creating nations as Pakistan and Bharat where a "class framework is profoundly established in prisons". Human Rights Watch (2006) states that under the prevailing prison structure in Pakistan, one of a kind livens and advantages are offered to the well-off prisoners. To innovative a superior living condition, the jails may be a smaller than expected worldwide view for prisoners. The penitentiaries may react to passionate, mental and physical facilities of the prisoners. Western nations are seeking and actualizing different option for conventional jail framework to ration assets and better recovery of the wrongdoers. The reason for this heartless technique is to bow down. Use of leg irons, shackles, and handcuff are fundamental. Pointless physical controls are a necessary piece of life in detainment facilities. The feeble, especially female and juvenile prisoners are more powerless against constrainment and sexual abuse. A consultative meeting drove by C.J Pakistan on parole and probation watched that the upsides of parole regulations are not reached out to the supporting shocking behavior criminals/inexcusable get-togethers. The Committee asked for that the Provincial Government perceive outline of Probation/Parole Officers on trade premise from specific divisions. The Committee in addition requested that the High Court's issue making a beeline for the judges for summoning zones of Probation of Offenders Ordinance, 1960 to extend the slants to staggering lead and pushing punishable get-togethers included in minor offenses and asking the Districts Judges to assemble unending gatherings of the DCJCC., Legitimate usage and diminished number of adolescent guilty parties has added to bringing down the sufferings of teenagers in prisons and detainment focuses. This endless loop of unresponsive group and awful environment of detainment facilities likewise overburden the breaking down standard of criminal equity framework. 

Conclusion

In 17th century, London Bride Well House, was the first step towards prison reforms to make them a correctional agency instead of just making it a house of punishment and imprisonment. This step was further taking onward, and various reforms were added and inserted in the system to make it more effective and reformative with the passage of time. Pakistan follows the System from Great Britian in legacy. This was introduced for the slaves and rebels to keep them under suppression. The Reformation of Prison Reforms in Pakistan began with the foundation of Punjab Jail Reforms Committee led by Salamat Inspector General Prisons; the initial meeting of the Committee was held in Oct 4, 1950. The 

Committee looked the general circumstance of prisoners ‘right particularly infringement of privileges of the prisoners. The net consequence of the said Committee was that detainee circumstance enhanced through the Punjab Jail Manual 1955 and later on, in the shape of Jail Manual 1978. Along with the law and Justice Commission of Pakistan 1997, also recommended huge amendments to bring the existing lacunas in the Jail laws. The main challenge is to bring the Pakistani jails and their environment in correspondence with the international standards and norms of the jails. The concept of modern jail has gone through fundamental changes and now punishment means correction, positive guidance and involvement of local community. As today the concept of modern change and in this respect the government of Pakistan as signatures of international conventions and laws regarding human rights especially rights of the prisoners inside the prison, various suggestion has been incorporated to bring in consistency with international standard but still much has required to be done in the respect so only in this way rights of the prisoners can be protected.   

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