In order to keep pace with the comity of nations and as modern Islamic, democratic and welfare state, we need drastic changes in our out-dated laws including the ones on prisons and as such the following reforms are recommended:
1. Legislative reforms
The old and outdated laws need to be completely overhauled keeping in view the contemporary developments in the world. Many of our colonial times laws need to be recast in line with the present day requirements of the nation and the contemporary developments around the globe.
2. Crime prevention
All the crime control codes are required to be recast and unified in view of simplification of legal processes with reduction in specialized courts so as to ensure speedy and cheap administration of justice, which in turn will help in crime prevention. Crime is a social, economic and cultural malaise and is required to be studied in that perspective in particular reference to our conditions and corrective measures need to be adopted as has been done in social welfare states around the world.
3. Police reforms
The new Police Order has been introduced in 2001 by the military government but is undergoing a testing phase and has not been legislated by the parliament after its emergence as a result of general elections in October, 2002, which needs to be placed before the parliament in form of a bill for debate in the bicameral house, appraisal and scrutiny by the expert committee of these houses and its enactment.Not only the police laws need overhauling but their training, education, specialization in crime prevention, control, intelligence, registration, detection, forensics, search and seizures and investigation be re-assessed in view of the requirements of the 21st century.
4. Prosecution
The prosecution branch of police has partially been separated from the police but it has not been fully segregated and as such the prosecution is still under the direct control of police. The part of prosecution that has been detached from police has been brought under the domain of Law Department of the provincial government but there is no patronage and effective control over and monitoring of these prosecutors and so they are left to their free hand and there are no visible signs and symptoms of improvement in prosecution leading to speedy and efficient assistance of courts in arriving at fair justice.
There is, therefore, dire need to improve the situation to institutionalize the prosecution and bring it under the control and accountability of an independent Prosecution Department with clear mandate for the purpose.
5. Defence
The mushroom growth of lawyers on the bar has brought down the defence standards and has resultantly damaged the judicial process with heavy cost on the litigants. The registration of lawyers needs introduction of competitive examinations under the strict provision and control of the High Courts and the Bar Council also needs to be recast on high merits.
The bar and bench needs to evaluate and monitor the performance of lawyers on yearly basis.The institutions discussed above took more time and elaboration but it was essential for the reason that these are the forums which fill prisons with under-trials and convicts and that is why Pakistan has one of world biggest population of prisoners.
These institutions are the cause and prisoners are their effect and so cannot be viewed in isolation from each other. Attempting any reforms aimed at improving jails and ameliorating the condition of their inmates would end up in futility unless the institutions mentioned above are not improved.
Therefore, reforms of these institutions are of primary concern and prison reforms are secondary and are directly dependent on and subservient to the performance of these institutions.
Having said that the following reforms in the administration of prisons are required in order to ameliorate the condition of their inmates and to fulfil the aspirations of free, sovereign, democratic, moderate and modern Islamic state as enshrined in its constitution and to stand as such in the comity of nations:
(a) Constitution of Pakistan
The preamble to the Constitution of the country has laid down, “Wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed and wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and Sunnah.” But unfortunately these aspirations could not be achieved till date. As such it is high time to adopt, implement and follow these tenets in all walks of life including the prisons.
(b) Implementation of past recommendations
The past recommendations of the various forums need to implemented forthwith, which are reproduced as under:
(i) Islamic Ideology Council report of 1981
(ii) Rulings of the Federal Shariat Court on islamisation of laws of 1984(iii) Report of the High Powered Cabinet Committee in 1986
(iv) Prisons Reforms Report of 1997 by the Law Commission
(c) Ratification of the U.N Standards
Although Pakistan is active member of the United Nations since its independence yet it has not ratified U.N’s “Standard Minimum Rules for Treatment of Prisoners” formulated in 1955. As such it is imperative to ratify these standards immediately to gain international acclaim.
(d) Ratification of other international covenants
Pakistan needs to ratify, adopt and implement the following UN protocols:
(i) Charter of the United Nations
(ii) Universal Declaration of Human Rights
(iii) International Covenant on Civil and Political Rights
(iv) Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly on 9 December 1975.
Conclusion
Owning and implementing these reforms and adopting these international protocols will certainly convert our prisons into ‘Correction Centres’ and the inmates will not go as recidivists on release but as responsible noble citizens and will easily assimilate in the social fabric of the society.
Adopting these measures will not only give us an opportunity to stand up on equal footing in the comity of nations as a state and will enable us to shun the allegations of being condemned as rogue, terrorist, fundamentalist and corrupt state but will also usher in an era of freedom, sovereignty, democracy and realize the dream of Pakistan as an Islamic state for which our ancestors made unprecedented sacrifices.
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