Daily Times

The functions of modernized prisons have changed to custody, control, correction, care, cure, community involvement and successful re-adjustment in society are objectives of prisons. Prisons perform the function of imparting useful education/training to the prisoners in various trades/skills and other vocational disciplines for their successful economic rehabilitation. Organizing recreational activities and psychological counselling of inmates are the auxiliary functions of the prisons. Adopting reformative approaches to prison governance has always remained a global challenge.

The bedrock of modern prison reforms is mainly based on certain features of the Mandela Rules. For instance, Rule 5(1) of the Nelson Mandela Rules, and Rule 24.1 emphasize on respect and dignity as core features of prisoner treatment. The international legal regime governing Prison management draws its support and mandate from a variety of instruments. Having ratified the International Covenant on Civil and Political Rights (ICCPR) and the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) in 1996 and 2010 respectively.

In December 2015, the UN General Assembly adopted the revised rules as the “United Nations Standard Minimum Rules for the Treatment of Prisoners”, known as “the Nelson Mandela Rules” to honour the legacy of the late President of South Africa, Nelson Rolihlahla Mandela. There are a total of 125 Mandela Rules that cover 27 broad areas of prison life including but not limited to matters of file management, separation of categories, accommodation, hygiene, clothing and bedding, food, exercise, and search. Complaint management, contacts with the outside world, transfer of prisoners, prison staff and internal and external inspections.

Pakistan’s existing legal regime appears to be deficient in meeting international best practices and does not live up to its standards. As the Government of Pakistan is a signatory of international conventions and laws regarding the human rights of prisoners, it is incumbent upon the government to be cognizant of these reforms and pass legislation in conformity with these rules and standards.

On the treatment of prisoners Rule 1065 in Pakistan Prison Rules is only a complementary rule that emphasizes the duty of prison staff to treat prisoners humanely and listen to their grievances. However, the Mandela Rules stress the importance of the dignity of the prisoners. This is missing in the language of the Pakistan Prison Rules let alone the current state of affairs as to how the inmates are treated. The Prisons Act continues to sanction corporal punishments including the use of whipping and fetters.

Chapter 13 of the Pakistan Prison Rules deals with the accommodation, health facilities and treatment of women and juvenile prisoners but they do not correspond to the standards set out in The Mandela and the Bangkok Rules, which explicitly deal with this vulnerable group of inmates through Rules 28, 29 of the former and Rule 48 of the latter.

Chapter 32 of the Pakistan Prison Rules 1978 deals with the area of Access to Healthcare and here we find that our prisons are always in shortage of qualified medical officers, paramedics and the much-required support services to treat inmates who are mentally impaired and drug addicts. Mandela Rules 24 to 32 explicitly highlight this area and set out a standard which should be met by our prison management regime.

Chapter 13 of the Pakistan Prison Rules deals with the accommodation, health facilities and treatment of women and juvenile prisoners but they do not correspond to the standards set out in The Mandela and the Bangkok Rules.

Moreover, as per a study by, the World Prison Brief, Institute for Crime & Justice Policy Research, Birkbeck, Pakistan ranks among the least-ranked countries in the world in terms of the percentage of female prisoners’ population. In terms of Asian countries, Pakistan has the least population of female prisoners. However, the situation of women prisoners in Pakistan is no different from other countries as Pakistan’s prison laws do not meet international standards and officials often ignore laws protecting women prisoners. Around 66 percent of jailed women in Pakistan have not been convicted of any crime and are being detained while awaiting the conclusion of their trial. More than 300 women are in facilities outside the districts they lived in, making family visits nearly impossible.

Although women make up only a small portion of the total prison inmates, they are less knowledgeable, more powerless and more vulnerable to the existing criminal justice system. Their gender struggles and issues are too much ignored in terms of politics and discourse on prisoners’ rights. Assessment of Prison Rules, CrPC 1898 & implementation of best international practices with respect to women prisoners highlight the following major issues with respect to their protection, rights, health, security and well-being.

Administration, registration & allocation: According to Rule 18 of the Pakistan Prison Rules, new female prisoners are to be examined for medical problems and illnesses by female medical officers at the time of admission. This includes a comprehensive mental health and drug addiction assessment according to the Bangkok Rules (2-3 and 40-42). In practice, however, screening often excludes an assessment of mental health and drug addiction and does not consider a history of sexual abuse and violence.

Safety and security: Rule 315 of Pakistan Prison Rules requires female prisoners to be searched by a female guard and the search should not be conducted in the presence of a male officer, which however fails to explain that physical examinations of female prisoners should be conducted after obtaining their consent and their right to confidentiality regarding their reproductive history must be respected and ensured. Moreover, there is a gap in prison staff training on gender sensitivity issues to create a safe and nurturing environment for women and children detained with their mothers in prisons.

Healthcare: Pakistan’s Prison Rules contain provisions for adequate medical and legal assistance, but the main problem is the implementation of these rules. In Pakistan, nearly half of the sanctioned medical staff positions remain vacant. To make matters worse, not every prison is equipped with medical and dental equipment, and very few prisons have functioning laboratories, medical staff and ambulances. A mental health study conducted by the Committee for the Welfare of Prisoners Legal Aid Office in Sindh found that a majority of women reported symptoms of mental health disorders like depressive episodes, suicidality, generalized anxiety disorder, panic disorder, and post-traumatic stress disorder.

Contact with the Family: According to the Bangkok Rule (4), female prisoners should be held in prisons close to their home district. However, currently, around 27 percent of women prisoners in Pakistan are held in prisons away from their homes, which is seriously detrimental to close family ties. While children can remain in prison with their mothers up to the age of 6 under Pakistani prison rules. In practice, however, reports have found cases of children living in prison with a parent beyond these age limits – in some cases up to the age of 9 or 10.

Similarly, children born in prison suffer pre/post-natal developmental and socio-psychological complexities as compared to children born and living outside of prison. In addition, children are living with their mothers who have psychosocial disabilities that require early intervention to cope. Despite the availability of designated areas for children, safety aspects of childcare remain a critical concern, particularly when mothers are required to attend court hearings or are otherwise occupied.

The women prisoners receive professional training and educational courses during their time in prison. Basic courses taught include cosmetology courses, home tailoring, machine embroidery, and hand embroidery, but lack the teaching of life skills, to get a CNIC, how to open a bank account, and how to manage access to out-of-prison services need to be included, if women prisoners are to be helped to improve their lives after incarceration. Moreover, there are currently no post-release programs for women prisoners in KP, Balochistan or Gilgit. Punjab prisons have need-based rehabilitation programs to facilitate their reintegration into society, but it’s not very effective.

(To be concluded)

Ommama Usman is Public Administration undergrad at Lahore College for Women University (LCWU). Saud Bin Ahsen works at public policy think tank.