Prison System in Bangladesh: Need for Reforms

 

  Image Source: Washington Post

                                                                                                 

Prison, an isolated place from the society, is used to hold the criminals and deviant people captive under laws since ancient time.[1] It is a part of the penal system which was addressed by Michel Foucault as “A subtle, calculated and technology of subjection”[2]. Prisons are an important part of the criminal justice system which is under the Ministry of Home Affairs. The Jail Division of Bangladesh consists of the Jail Headquarters, 7 Divisional Jail Offices and 6 Prisons. All the activities of the prison department are controlled and managed from the prison headquarters. The prisons are mainly established based on laws, such as: The Prions Act, 1894; The Prisoners’ Act, 1900; UNSMR 1955 and The Jail Code. The author will mainly focus and analyse on the current situation of the prisons of Bangladesh and some reformative techniques taken by the government and NGOs to improve the condition of the prisons by analyzing prison reforms of some countries like Norway, Slovenia, Poland etc.

 

There are about 88,084 prisoners imprisoned in the prisons, 81.3% of them are pre-trial detainees and 4.1% are female prisoners.[3] The official capacity of our prison system is 40,944 and so the occupancy level (based on official capacity) is 215.1%.[4] So, we can see quite high density inside the prisons of Bangladesh which can be addressed as an infrastructural failure. Besides, there are many problems and shortages which are faced by the prison administration, such as insufficient medical facilities for the prisoners, weak prison monitoring system, absence of welfare initiatives and programmed reformations, corruption in tendering contracts and interviews, inadequate attention to women and child prisoners, insufficient training facilities, unhygienic housing living conditions for the prisoners and 19th century’s obsolete British rules.[5] In many prisons, the level of corruption is very high that if the inmates fail to fulfill their demands, they have to stay in front of the bathroom.[6] Moreover, there is a severe shortage of medical facilities (just 16 doctors in 77 roles are in charge of around 90,000 prisoners and only twelve jails have access to this without any emergency support or care) across the country.[7]Diarrhea and dysentery (42% of cases), fever, including typhoid fever (25%), skin disorders (20%), malnutrition (8%), psychiatric issues (1.5%), and heart problems (1%) are the major medical conditions for which prisoners are to be handled by the doctors.[8]    

Before looking in our reformation programs, we should take a quick look in those countries’ prison reform projects which have become successful. For example, the criminal justice system of Norway focuses on the principle of restorative justice and rehabilitating prisoners and so it has one of the lowest recidivism and crime[9] rates in the world, currently 20% within 2 years,[10] with approximately 3,933 offenders in their prisons.[11]Its approach is so effective that the "Norwegian model" is used by other nations as well. Alternative punishments, also known as 'penalties in society', are preferred to be used by Norway, but 'penalties in prison' are still used.[12]    

In other countries, microfinance and insurance loans are given for new business ideas in Mekelle Prison, Northern Ethiopia.[13] Also in Slovenia, inmates are allowed to work outside the whole week and kept inside the prisons on the weekend depending on their good behavior. Moreover, Uruguay President Tabaré Vázquez has introduced legislation aimed at refocusing the country’s penitentiary system on rehabilitating inmates and this would shift the National Rehabilitation Institute out of the control of the Interior Ministry in order to strengthen social reintegration programs and reduce recidivism rates.[14] Therefore, The Indira Gandhi National Open University of India set up 94 study centers across the country totally free of charge and technical classes leading to degrees for the accused ones.

A review of the prison systems in other countries shows that they have evolved into a more advanced form of thinking. So, if we want to reform the prison system in our country, then we will have to change the old rules and regulations and modernize them as well as at the same time ensure the human rights of the prisoners. Under the International Covenant on Civil and Political Rights (ICCPR), Bangladesh is committed, among other things, to treat "all persons deprived of their liberty with humanity and reverence for the intrinsic dignity of the human being," to separate prisoners from convicts and minors from adults under trial, and to put prisoners to trial as soon as possible.[15] In 2019, Prime Minister Sheikh Hasina ordered prison authorities to engage prisoners in industrial development as a means of rehabilitation; Iqbal Hasan, an additional Inspector General of Prisons, echoed her remarks, indicating that creative measures would be used to turn existing prison systems in Bangladesh into prison facilities.[16] This vision is in line with the United Nations Sustainable Development Goals Roadmap, which Bangladesh has been a strong supporter of.[17]    

To improve the conditions of the prisons of Bangladesh, a Ministerial Committee on Jail Reforms was formed by the Government in 2002, headed by the then State Minister for Home Affairs[18] and some recommendations on the improvement and welfare of the prisons as well as the prisoners were also given. But those recommendations were lost in dust as those were not approved.[19] Also to enhance prison management, Biometric Prisoner Database was introduced by Home Minister Asaduzzaman Khan in partnership with the United Nations Office on Drugs and Crime (UNODC).[20] Furthermore, as part of an overhaul of the country's penal system, the Bangladeshi authorities have updated the 200-year-old colonial-era breakfast menu in all of its jails.[21] Bread, vegetables, sweets and khichdi, a spiced rice cooked with lentils, will be included in the new diet[22].In this pandemic situation, 6 prisoners have been released from Bogra Jail and 14 from Jamalpur Jail to ease the extra pressure and they were mainly the prisoners punished to minor sentences[23].

In addition, Bangladesh Legal Aid Service Trust (BLAST) has been conducting a project (2019-2021) on prison reform called “JPR: Justice and Prison Reform for Promoting Human Rights and Preventing Corruption” in 19 districts which has the goal to contribute in order to reduce overcrowding in the prisons by providing legal aid services to indigent under-trial prisoners.[24]A total of 3, 62,930 legal actions were taken, including legal aids, the gathering of case records and information from courts, prisons, and police stations; the assistance of "secure custody" inmates; the transfer of cases to DLAC or panel / staff lawyers; the transmission of information to "on call" inmates; and the provision of various pre-post bail facilities to inmates, such as the discovery of a weapon.[25]Further, Ain o Salish Kendra (ASK) did give some recommendations on prison reform, such as following UN Guidelines with the consultancy of intellectuals and experts; revision of 1920’s Jail Code and changes in a quick and effective way; ensuring the accountability as suggested by the Munim Jail Reform Commission; proper education and training accordance with the UN standard; implication of extra cautions for the child prisoners; physical therapy, counselling, ability training, advisory services and access to legal aid services from Government and non-government agencies should be made available.[26]    

During the 200-year period of British dominance, which ended in 1947, the present system and procedures of prison administration were created. No changes were made from 1947 to 1971, when Pakistan ruled the region, so that imprisonment today implies punishment without training or social rehabilitation. But criminally bent minds ought to be engaged in constructive and imaginative physical and mental duties. They need to seek honest livelihoods according to their talents and abilities once they complete their jail sentences and come out.[27] To fulfill their needs, they must be prepared for jobs. The Ministry of Home Affairs, The Prison Administration, NGOs like BLAST, ASK are recommending as well as trying to improve the conditions of the prisons and reform them. Even the government of Bangladesh is relocating prisons to more secured, spacious and improved places so that prisoners could spend their sentences by having their rights. But the main concern arises when we see the news of corruption, irregularities and the truculent situation of the prison management system of Bangladesh. To this end, the prison policies should be based on the fact that prisons should not only exist to punish offenders, but also to give the prisoners opportunities and resources for integrating into the society for a better future.

Author Description

Sakin Tanvir, Student at Department of Criminology, University of Dhaka

Endnotes

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[1] Welch M, Corrections (Taylor and Francis 2013)

[2] Philosophy Tube, 'Foucault 2: Government Surveillance & Prison' <https://www.youtube.com/watch?v=AHRPzp09Kqc&feature=youtu.be> accessed 30 September 2020

[3] 'Bangladesh | World Prison Brief' (Prisonstudies.org, 2020) <https://www.prisonstudies.org/country/bangladesh> accessed 1 October 2020

[4] Ibid

[5] 'Discuss The Prison Administration System Of Bangladesh. What Are The Recommendations You Suggest In Order To Improve The Prison Administration System Of Bangladesh - The Lawyers & Jurists' (The Lawyers & Jurists) <https://www.lawyersnjurists.com/article/discuss-prison-administration-system-bangladesh-recommendations-suggest-order-improve-prison-administration-system-bangladesh/> accessed 1 October 2020

[6] Somoy TV, 'টাকানাদিলেজেলেরকয়েদিদেরথাকতেহয়বাথরুমেরসামনে!' <https://www.youtube.com/watch?v=o1w2GkiLDzo> accessed 1 October 2020

[7] Mollah M, '9 Prison Doctors For 90,000 Inmates' Tha Daily Star (2019) <https://www.thedailystar.net/frontpage/9-prison-doctors-for-90000-inmates-in-bangladesh-1801108> accessed 2 October 2020

[8] Noushat A, 'Prisoners Right To Health Care: Bangladesh Perspective - SCLS' (SCLS, 2019) <http://sclsbd.org/prisoners-right-health-care-bangladesh-perspective/> accessed 1 October 2020

[9]'As per, ‘The Right Bemoans Norway’S Criminal Justice System’, It Is One Of The Safest Countries On Earth' (Thinkprogress.org, 2020) <https://thinkprogress.org/as-the-right-bemoans-norways-criminal-justice-system-it-is-one-of-the-safest-countries-on-earth-f181a7585493/> accessed 29 September 2020

[10] 'About The Norwegian Correctional Service - Kriminalomsorgen.No' (Kriminalomsorgen.no, 2020) <https://www.kriminalomsorgen.no/information-in-english.265199.no.html> accessed 29 September 2020

[11] 'Highest to Lowest - Prison Population Total | World Prison Brief' (Prisonstudies.org, 2020) <http://www.prisonstudies.org/highest-to-lowest/prison-population-total?field_region_taxonomy_tid=All> accessed 29 September 2020

[12] 'Program Mot RuspåvirketKjøring - Kriminalomsorgen.No' (Kriminalomsorgen.no, 2020) <http://www.kriminalomsorgen.no/program-mot-ruspaavirket-kjoering.237892.no.html> accessed 29 September 2020

[13] 'Seven International Prisons That Put Rehabilitation Before Punishment' (TakePart) <http://www.takepart.com/article/2015/04/21/seven-international-prisons-put-rehabilitation-punishment> accessed 29 September 2020

[14] InSight Crime. (2018, July 4). Uruguay Proposes Restructuring Prison System to Focus on Rehabilitation. Retrieved April 19, 2021, from https://insightcrime.org/news/brief/uruguay-proposes-restructuring-prison-system-focus-rehabilitation/

[15] International Covenant on Civil and Political Rights 1976

[16] Ahmed M, 'Why Criminal Justice Reform Is A Must' The Daily Star (2019) <https://www.thedailystar.net/opinion/governance/news/why-criminal-justice-reform-must-1695034> accessed 1 October 2020

[17] Ibid

[18] Sultan M, 'Rights Of Prisoners - Ain O Salish Kendra(ASK)' (Ain o Salish Kendra(ASK)) <http://www.askbd.org/ask/rights-prisoners/> accessed 1 October 2020

[19] Ibid

[20] 'Bangladesh Biometric Prisoner Database To Enhance Prison Management' (Biometric Update, 2019) <https://www.biometricupdate.com/201909/bangladesh-biometric-prisoner-database-to-enhance-prison-management> accessed 1 October 2020

[21] 'Bangladesh: Prison Breakfast Changes After 200 Years' (Prison Insider, 2019) <https://www.prison-insider.com/en/articles/bangladesh-prison-breakfast-changes-after-200-years?referrer=%2Fen%2Farticles%3Fpage%3D1%26country%255B0%255D%3Dbd> accessed 1 October 2020

[22] Ibid

[23] Ekattor TV, 'করোনাপরিস্থিতিতেকারাগারথেকেমুক্তি' <Sultan M, 'Rights Of Prisoners - Ain O Salish Kendra(ASK)' (Ain o Salish Kendra(ASK)) <http://www.askbd.org/ask/rights-prisoners/> accessed 1 October 2020> accessed 1 October 2020

[24] 'JPR: Justice And Prison Reform For Promoting Human Rights And Preventing Corruption' (BLAST’s mission is to make the legal system accessible to the poor and the marginalized.) <https://blast.org.bd/whatwedo/ourprojects/%20552> accessed 1 October 2020

[25] Ibid

[26] Sultan M, 'Rights Of Prisoners - Ain O Salish Kendra(ASK)' (Ain o Salish Kendra(ASK)) <http://www.askbd.org/ask/rights-prisoners/> accessed 1 October 2020

[27] The Financial Express, 'Jail Or Reformation Centre!' (2019) <https://thefinancialexpress.com.bd/editorial/jail-or-reformation-centre-1560960786> accessed 1 October 2020