The standards of prisons in Bangladesh haven’t been met yet as per International Standards. The prisoners’ in Bangladesh are far behind in obtaining their rights which a prisoner in a developed country always gets. The laws regarding prisons in Bangladesh are not well drafted but the simple rights which were noted in such laws are also not being enjoyed by the prisoners in Bangladesh. The laws related to prisoners are not well settled. To find out the rights one needs to go through the Prisons Act, 1894, Prisoners Act, 1900, Jail Code which was formed together with the Prison Act of 1894, its accompanying Rules, and a range of internally issued circulars, notices and orders, the Penal Code 1860, the Code of Criminal Procedure 1898, the Lunacy Act 1974 and the Children’s Act 1974 etc. Many provisions of these statutes, laws and Rules directly contravene with the International Covenant on Civil and Political Rights (ICCPR) or the Standard Minimum Rules. Again, the UN Standard Minimum Rules for treatment of prisoners adopted by ECOSOC provides guidelines for the fair treatment of prisoners and the management of prisons. The Universal Declaration of Human Rights, 1948, Declaration of the Rights of Man and the citizen, 1789 also bears provisions for the rights of the prisoners. The national laws regarding the prison administration in Bangladesh do not comply with the international requirement. There is no doubt to say that the national laws are ensuring some outstanding rights for the prisoners but very few of them are directly enjoyed in reality.
Present Situation in Prisons and prisoners
The rising number of imprisoned people in Bangladesh is exhausting the limited resources available at the prison facilities. The total number of prisoners in January 2008 was about 78,000 against a capacity of 26,000 only. This number exceeded 86,000 in June when the capacity had increased up to 27,368 only. The prison statistics say that Bangladesh by 2004 had 60 prisoners for every 100,000 of its population. The present capacity of accommodation in prisons of Bangladesh is 28,000 people but the number of prisoners’ is 77, 000 which is almost three times larger than its capacity in Countries’ 67 prisons. In these intricate circumstances it has become hard for the authority to provide all facilities to the prisoners which they are entitled to legally. Overcrowding is also harmful for the minor offenders at a large stake. The baneful effect of overcrowding is that it doesn’t segregate among convicts i.e. those punished for serious offenders and those for minor offences.As a result of this, hardened criminals may spread their influence over other inmates. The matters of the Human rights of prisoners, unfortunately, have never been a serious concern for the public either. Also, the foreign prisoners are in serious difficulty in prison. Sometimes the foreign prisoners are kept in the jail even after completing their imprisonment which is clear violation of their fundamental rights as well as human rights. The practice of keeping in jail beyond prisoners’ jail time is common for both national and foreign prisoners. In Faustina Pereira , Advocate Supreme Court vs. State and others Justice Hamidul Hoque rightly observed, ‘…[K]eeping in jail any prisoner after serving out the sentence amounts to violation of the Human Rights and Fundamental Rights as guaranteed by the Constitution of the country….’
Furthermore, in Bangladeshi prison there are serious shortage of accommodation and place. As a result prisoners, even women prisoners, have to sleep in shifts due to shortage of sleeping space. On the other hand, medical facilities are very poor. Only 16 doctors against 77 posts are to look after about 90,000 inmates in jail all over the country. Hospital facilities are available only in twelve prisons and the remaining lacks any such health service facilities with ambulance and emergency service. According to DIG (prison), ‘Not only the general prisoners, everyone in jails suffer because of the shortage of doctors and other health care facilities.’ The main medical conditions for which prisoners are treated include diarrhea and dysentery (42% of cases), fever, including typhoid fever (25%), skin diseases (20%), malnutrition (8%), psychological problems (1.5%), and heart problems (1%). The high frequency of diarrhea and skin diseases is due to the poor sanitary conditions prevailing inside prisons.
Prison Administration in Bangladesh
The purpose of prison, as far as the administration of prison is concerned, is to make the prisoners prepared as a reformed individual who will work as a functional member of a society after his or her release. Therefore, the administration should be tailored in such a way that the prisoners will have chance to reform themselves to live in the society. For this, law relating to prison administration must be well settled fitting with such reformation. The officials of prison, namely, the jailors, superintendents, warders and guards on their part, are generally rough and tough with the inmates. Some of them are engaged with corrupt practice and extend undue favors to certain inmates in exchange of petty gains. For this, bitterness among other prisoners rises and thus a cold war ensues between the inmates on one hand and the prison authorities on the other. To make the prisoners realize the necessity to abide the law it has to be ensured that they are enjoying all their lawful rights and all the laws are maintained properly inside the prison.
What is in the national Law?
The rights of prisoners’ are maintained by the Prisons Act 1894, rules made under Section 60(a) of the said Act, Prisoners Act 1900, rules made under Section 59 of the Prisons Act 1894,Identification of Prisoners Act 1920 etc. The mostly followed provisions for prison management can also be found in the Jail Code. Guidelines for the jail administration can also be found in different statutes. Such as the Penal Code, 1886, the Code of Criminal Procedure, 1898, Police Act, 1861, the Special Powers’ Act, 1974 etc. The Jail Code of 1920 was formed under the Prison Act of 1894, it’s accompanying rules, and a range of internally issued circulars, notices and orders. There are several rights which were given to the prisoners by such laws and guidelines as prescribed carefully. As a matter of regret very few rights are in reality enjoyed by the prisoners’ and the management are not well established. The definition of Prisons, the medical condition in the prison, the superintendence, discipline, punishment etc can also be found in the Prisons Act, 1894.
The preamble of the Prisons Act, 1894 states, ‘whereas it is expedient to amend the Law relating to prisons in Bangladesh, and to provide rules for the regulation of such prisons; it is hereby enacted’. Which means the Act is enacted to provide rules and regulation for the prisoners in Bangladesh. The Act has given the definition of prison in sec: 3. According to this Act, prison means any jail or place used permanently or temporarily for the detention of prisoners under the general or special orders of the government, and includes all lands and buildings appurtenant thereto. But under this definition people imprisoned under police custody and subsidiary jail, as defined under section: 541 of the Code of Criminal Procedure, are excluded. Rights related to prisoners can be found from Chapter IV to Chapter X of the Prisons’ Act, 1894.
Rights under Prisons Act, 1894
Under the Prisons Act, 1894 all prisoners need to be examined by the Medical officer and the Medical Officer will cause to give effect the class of labor he is fit for if sentenced to rigorous imprisonment. Again, a person punishing a solitary confinement will be caused to be visited by a medical officer in every 24 hours. To tell about the employment of the prisoners the prisoners needs to be kept in work for more than 9 hours except with emergency. This punishment is no doubt a scrupulous and inhumane. The prisoners punished to rigorous imprisonment can be punished by the Superintendent. If a prisoner desire to see or consult a Medical Officer after notifying, the jailor shall immediately inform the superintendent and the superintendent shall immediately treat any such prisoner. The hospital facilities are also provided in the law. The Prisons Act, 1894 also bears the provisions for visiting any individual prisoner and right to meet with any legal counsel without the presence of any other person. 
Rights under Jail Code
The most prominent law which bears much provision related to prisoners’ right is the Bengal Jail Code. The Bengal Jail Code bears 1388 paragraphs containing different rules regarding the prison and prisoners. The subsidiary Jail Code refers to subsidiary jails which also contains 260 paragraphs. The Bengal Jail Code contains rules for the superintendence and management of jails and subsidiary jails in Bengal. In the Jail Code there are provisions for prisoners’ food, shelter, medical administration, religious holidays etc.
Chapter XVIII of the Jail Code deals with religious observances. A total of nine holidays are allowed to a prison. These are: 2nd day of Durga Puja, Saraswati Puja, Dole Jatra, EidulFitr, Eid ulAzha, Muharram, Christmas Day, Good Friday, and King Emperor’s Birthday. Special foods at the cost of either the prisoners’ own or their friends’ are supplied in the holidays. It is good in the jail code that, for the Muslim prisoners they may fast during the month of Ramadan and for this, in lieu of their early morning meal some sherbet and some light food at sunset are provided and two rations at night among which is allowed in between 2am to 3am. But interestingly, it is a clear bar that the total cost of the dietary should not exceed that of the meals given to other prisoners and no break from labor is allowed.
Punishment and Medical facilities of Prisoners
Chapter XIX of the Jail Code deals with the offences and punishments of the prisoners. A total of 16 offences are listed in the paragraph 704 of the jail code. Paragraph 705 of the Jail Code deals with forbidden acts and any prisoners committing any such listed 43 acts are deemed to have breached the regulations. For the medical facilities there are excellent rules in the Jail Code though whether the rules are maintained or not is a secondary question. As a law, in any case of sickness an immediate notice shall be given by the guard to the Head warder on duty by passing the word from sentry to sentry. The Head warder shall at once report the case to the Sub-Assistant surgeon, who shall visit the cell, and if necessary, remove the prisoner to hospital, and inform the superintendent, Medical Officer and jailor of the circumstance at their next visit. Regarding the Judicial Solitary confinement, a prisoner shall not be placed in such imprisonment until he has been certified by the Medical officer as fit for such confinement.
Labor and working of the prisoners
The most important phase of laws for the prisoners is the laws related to labor. Chapter XXII has detailed rules on work for the prisoners. This chapter includes two tables one of which is Labor Time Table which shows the days of the year in divisional criteria, stating from which day to which day and on what time to what time a prisoner needs to work. Another is Classification of Task which describes the manufactures or service, description of work and criteria of labor. Also the Prisons Act, 1894 and the Jail Code, 1920 states that every prisoner needs to work at least nine hours a day except on an emergency and by the written order by the superintendent.
Diet of the Prisoners
The most important thing is the meals and diet of the prisoners. For diet prisoners are categorized into three classes. The components are similar for all classes but the sum of the food is different. The amount also differs regarding the race. A chart in the Jail code deals with the diet and its amount. All prisoners usually have three meals a day. The morning meals are before they start working, another is at the mid day and the last one is at night before locking them in cells. For morning meal the prisoners are entitled to get rice and salt and for other meals they get dal, vegetables and oil with rice and salt. In the case of early meal if the medical officer deems fit, they may be allowed khichuri with salt and if dal is deducted from the mid day meal, fish or meat authorized under rule 1084, as mentioned in paragraph 1098 of the jail code, may be provided at one or any other times of the daily meals, either once or twice a week or every fourth day according to the discretion of the Superintendent of jail.
Water for prisoners
Prisons are told to supply the purest water in the neighborhood and to store in sufficient quantity. Again, the water which is used for drinking, clothing or bathing shall be carefully cleaned out and wells which have been used should be cleaned and disinfected with permanganate of potassium before the water is used. Very few of them are practiced in the jail in reality.
The food, cloth, medical facility etc are every prisoners’ legal right to obtain and enforced by all the laws described above, which again are not enforced properly. Also, the working hour, working condition, diet, accommodations do not provide a sufficient environment for survival. No doubt they are all prisoners but what a person needs to live the authority must provide them and let them be in a humane condition. After all, if it becomes impossible or difficult to supply all humane ingredients we at least should make sure the prisoners are getting all the rights which they are entitled to have, as it is in the law and there is legal binding authority.
The rights of prisoners in Bangladesh are also guaranteed by numerous International Conventions, Treaties, Rules, Declarations, Regulations, and Instruments etc. The prisoners are in the prison for the crime they did. But still they are entitled to some rights which they must be allowed to enjoy without any hindrance. The criminals who are put behind bars, must be ensured at least the basic standards of rights and human civility. Across the world, various institutions have evolved to confine or punish those who await trial or have been found to be convicted law breakers. Whether called prisons, correctional centers, detention centers, penitentiaries or reformatories, they all ultimately serve to severely restrict that most fundamental of human physical need – the need to move freely. The prisoners are entitled to enjoy their rights under International Human Rights and Standards, under Declaration of the Rights of Man and the citizen, (1789), under The Universal Declaration of Human Rights,(1948), International Covenant on Civil and Political Rights, (1966), and also under Standard Minimum Rules for the treatment of prisoners by the First United Nations Congress on the Prevention of Crime and the Treatment of offenders held at Geneva in 1955.
First of all, under the International Convention on Civil and Political Rights all the people deprived of their liberty shall be treated with humanity and respect for the inherent dignity of the humans. It was also established that prisoners are entitled to enjoy the human rights as applicable for other people, subjected to some restrictions imposed by the law.The above provision can be found in Article 10(1) which states the above mentioned rights of the convention.
Secondly, as a human all the prisoners have rights to be treated as humans and must enjoy all the rights they have under the Universal Declaration of Human Rights, 1948. Prisoners enjoy their rights under Article: 3, Article: 5, Article: 7 of the UDHR, 1948. Under Article: 5 of UDHR, 1948, everyone has the right to a stable standard of living for the health and well-being of themselves and of their family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond their control. Furthermore, according to article 7 of UDHR, 1948 all men are equal before the law and are entitled without any discrimination to equal protection of the law. And under Article 3, everyone has the right to life, liberty and security of person. In Bangladesh very few of them are practiced and even if practiced are not satisfactorily followed. Evidence of which can easily be identified from the present situation in Bangladeshi prison which is described above in the present aspects of prisons’ paragraph.
Finally, Standard Minimum Rules were established for the treatment of prisoners by the First United Nations Congress on the Prevention of Crime and the Treatment of offenders, held at Geneva in 1955, and approved by the Economic and Social Council by its resolution 663C of 31 July 1957 and 13 May 1977. Numerous benefits can be enjoyed by the prisoners under such rules. Rights for Separate Prison, Living Status, Health and Hygiene, Food Supply, Communication with Family, Religious activities etc are guaranteed under such Standard Minimum Rules for the treatment of prisoners. Section 8 and 10 imposes an obligation to keep different types of prisoners in different parts of the prison taking account of their sex, age, and criminal record and requires the prison authority to keep untried prisoners separately from convicted prisoners, women from men and young prisoners from adults. For accommodation of the prisoners, it is said in the rules that, every individual prisoner needs to be accommodated with individual cells or rooms.It is also stated that, if for special reasons, such as temporary overcrowding, it becomes necessary for the central prison administration to make an exception to this rule, it is not desirable to have two prisoners in a cell or room.The situation in Bangladeshi prison is completely reversed.
For living place, the prisoner need to be provided such place where all the requirements of health, due regard being paid to climatic conditions and particularly to cubic content of air, minimum floor space, lighting, heating and ventilation are present. The window provided for each prisoners needs to be such that, the prisoners can read and write by the light coming by such window.
Prisoners shall be provided with water and with such bathroom articles as are necessary for health and cleanliness. Every prisoner shall be provided with an outfit of clothing suitable for the climate, adequate enough to keep him/her in good health, and shall be provided with a separate bed.
Under Standard Minimum Rules for the treatment of prisoners, the prisoners have rights to have Drinking water whenever he needs it and the food provided should be of nutritional value i.e. adequate for health and strength, of wholesome quality and well prepared.
All the rights described above are under different international laws, statutes and conventions which are necessary for maintaining proper human condition in prisons. However, there is no doubt to say that in Bangladeshi prisons all such things are either present to a relatively small degree or absent altogether. Overcrowding is the best example in such claim.
Reasons of not maintaining the Law
Prisoners are, after all, held against their will and incarceration is rooted in the use of force. We must improve the situation. The main reason why prison laws and jail codes are not maintained is because the prisoners usually do not know what rights they have and under what law. For this, they cannot argue or ask for their necessities to the prison officers or to the prison personnel. After a person is proved guilty and sent to jail, it is unlikely he knows the rights he has at that instance. They neither know the jail code nor have basic idea on Prisons Act, 1894. On the other hand, there is no good auditing system inside the prison. The laws are there but the proper implementation is missing. The Superintendent of Jail looks into the matter but whether he is doing his duty perfectly or not is difficult to be monitored. Again there is little provision to monitor the sentry, jailor, duty officer and superintendent if they don’t perform their duty perfectly. Recruitment and training procedure of the prison officers and stuff is also very poor. That could be another reason for not maintaining the laws of the prison, one of which could be that the prisons in Bangladesh are very overcrowded. As a result it becomes very difficult to maintain all the laws in the Jail Code, 1920 Prisons Act, 1894, Prisoners Act, 1900 and the other laws related to prisons. As it mentioned above in Bangladesh the number of prisoners is 78,000 against a capacity of 26,000 only. Therefore, it has become complicated to furnish all the right perfectly to all the prisoners. Secondly, the economical condition of Bangladesh is not well enough to furnish and maintain all provisions as it is costly and there is insufficient funds, comparing the budget allowed. The annual budget for Dhaka Central Jail is only Tk. 57 crore for the 11,014 prisoners in spite of having the capacity of 2,682 inmates. The budget includes salary of the stuff and officers, maintenance, cost of the prisoners etc for the year. Furthermore, now-a-days, it has become common in the prison that, the prison stuffs are engaging in business with the prisoners. The prisoners along with the stuffs are responsible to bring drugs in the prison. No one is taking steps to stop it. As the stuffs are doing a favor to the prisoners, the prisoners’ are not in need of establishing their rights. Section: 9 of the Prisons Act, 1894 states, no officer of a prison shall sell or let, nor shall any person in trust for or employed by him sell or let, or derive any benefit from selling or letting, any article to any prisoner or have any money or other business dealings directly or indirectly with any prisoner. But it is a common scenario in prison. Whatever, the reason of not maintaining the laws we must take steps to implement the existing law first and to reform the laws to provide the real rights which they are entitled to, as per international standards.
Ways to improvement
In the article ‘Prison Reform’ published on April, 2004 in the Journal of law the writers showed five reasons about why the prisoners must be given all the rights they are entitled to. The reasons are as follows, first of all, although they are prisoners but still they are human beings and such human rights are inalienable to all human beings without exception.Secondly, a prisoner should get human rights in order to learn how to respect others’ human rights. Thirdly, no person is a criminal by birth as crime is a reflection of society’s failure and by restraining rights of prisoners and by denying them proper socialization the society would encourage its own failure. Fourthly, curtailment of liberty is a punishment and so a prisoner cannot be punished more by debarring him from human rights. Finally, treatment of prisoners is one of the test of civilization of the country and so by maintaining the prisoners’ right, we can contribute to the positive development of the society. As a result ensuring the prisoners’ rights is a must. In Bangladesh the prisoners are not enjoying their legal rights as the practical aspect in the prison is inhuman.
In 2002, a Ministerial Committee was set up by the government for Jail Reforms, headed by the then State Minister for Home Affairs. The Committee held thirteen meetings between 2002 and 2006, and made several recommendations. The Cabinet approved the draft proposals submitted by the Jail Reform Committee for amendment of 146 out of 1,388 paragraphs in the Jail Code 1920, and withdrawal of 192 paragraphs. Some of the amendments were to appoint in each jail a social welfare officer, with a background in psychology or sociology, install generators to overcome current outages, reduce by half the sentences of prisoners not convicted for major offences, not to impose hard labor such as brick breaking or earth-digging on prisoners, provide necessary tools and skill training in sewing, allocate one bar of toilet soap and two detergent packets per month to each general prisoner, bamboo and cane work for rehabilitation of women prisoners, provide fly proof nets, television and electric fans to each ward, increase the quantity of food and improve nutrition of all prisoners irrespective of their status, prisoners’ toilets to be clean and hygienic etc. By the end of the year the recommendations had not been approved by the Cabinet, and are therefore not yet in force.
The bad condition of the prisoners is now an established truth. For this several steps need to be taken from overcoming this dilemma. First and foremost providing a copy of the jail manual to every prisoner for letting them know what they are entitled to get.
Bangladesh is a party to the ICPPR and has given accession on September 6, 2000 by reserving only Article 14. We must ratify the Convention with an immediate effect.
Ombudsman should be appointed to resolve grievances and to monitor progress on reforms.
The juvenile offenders, who are kept in jails because of inadequacy of alternative places where they can be confined, come into contact with hardened criminals and are likely to become professional offenders. Therefore, child prisoners should be transferred from jails to Child Development Centers and prisoners held for minor offences to be removed after quarterly review of each case, for tackling overcrowding.
Among all the jails, one or two may be declared as reformative center and prisoners of minor offences can be sent in those centers for reformation rather than keeping them together with habitual criminals. For ensuring proper rehabilitation, reformative types of punishment can be used. Implementation of this proposition will reduce the overcrowding and will make way to apply the reformative punishment.
Counseling, skill training and advisory services should be introduced and one or two psychologist should be recruited in every prison for this purpose. The psychological treatment for the prisoners is must. If the prisoners can have psychological observance and if they could be counseled properly, they will realize the bad sides of committing crime and will wish to perform in accordance with law in the society after their release.
The media should perform its duty to bring out the real situation of the prison matter to increase public awareness. The general people do not know about the genuine situation in the prison. If the media can carry out some news on the present inhuman situation and can point out the contravention of laws regarding the prison management, the authority may step towards improving the situation.
The prisoners of minor offences may be released on probation so that they can adopt with the society. The probation means, the offenders are released and during such released period the probationer lives in the community and regulates his own life under conditions imposed by the court or other constituted authority, and is subject to supervision by a probation officer.
A proper regulatory body should workout to find the drawbacks and to maintain a proper prison manual for standard management. The regulatory body after their study on prison situation, laws and other factors will prepare a report where they will find out some reasonable solutions considering all the necessary areas including the socio-economic condition of Bangladesh.
In view of the changed socio-economic and political conditions of Bangladesh the existing Prisons Act, 1894, Prisoners Act,1900, Jail Code,1920 and rules made under the Prisons Act, 1894 and Prisoners Act,1900 needs to be revised. Provisions of compensation for wrongful detention or suffering for injuries caused by the prison personnel should be brought. The Jail Code of 1920 should be revised in compliance with the UN Standard Minimum Rules after consulting legal experts, psychologists, social workers and human rights defenders as expressed by the ICCPR.
In the prison reproductive work could be introduced at large so that income can be generated. In the prison work of intellectual quality can be introduced at large to make the prisons self dependent. Again, the prisoners having quality of doing intellectual work should be assigned to such work. In the case of Md. Giasuddin v. State of A. P. the courts directed the state government that, within the framework of Jail Rules, the appellant be assigned work not of monotonous, mechanical or degrading type but of a mental, intellectual or of the same type mixed with a little manual labor to ensure the work being more or less of the kind to which he was used to. In Bangladesh same types of practice should be introduced so that the degrading and hard labor can be reduced, which will lead towards some income for the prison along with a portion for the prisoner who did the work.
To remove anomalies presently existing in prison management, better monitoring of the performance of prison staff needs to be undertaken. Visiting facilities should be improved to provides checks and balances on the administration of prisons. Visitors should have free access to all classes of prisoners. This will enable visitors to hear complaints from prisoners so that they can take necessary steps to improve the condition.
A reform programmed should be introduced to meet different needs of the individual prisoners. To reform and re-socialization of the prisoners, the vocational, academic, and religious training facilities should be made available. Identification of individual problems of prisoners may lead to the entire improvement of the prison.
The status for prison officers and staff should be improved. Since prison officers are working under complicated circumstances they should be allowed better scales of pay and allowances. By ensuring this we can reduce illegal dealings between prison officers and prisoners.
Introduction or increasing of vocational training should be emphasized in the prisons so that the prisoners can live on the income after their release. As in the jail proper planning of working of the prisoners can make the jail self-independent.
To conclude, prisoners are kept in the prison to keep the society safe from them. Offenders after proving their guilt are sent in the jail as they fail to become a law abiding citizen. It must be conceded that the great majority of individuals sentenced to imprisonment want to return to society as law-abiding citizens and only few are anti-social and have no intention of changing their lawless ways after their discharge. Therefore, the prisoners should be treated as human and must be provided all legal rights they are entitled to, for them to understand the necessity to abide by law after their release. The inhuman conditions of the prisons in Bangladesh are such that the prisoners are having many opportunities to do crime even inside the prison. Only passing and implementation of good laws cannot get us rid of these difficulties. The psychological improvement and giving a good condition in prison where at least the minimum rights are enjoyed by the prisoners, can ensure a proper prison administration system.
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