The overcrowding and violation of human rights of jail inmates in our main Jails across the country is no secret. The prevailing environment in our prison is so grave that even juvenile prisoners, who are lodged in the jails for minor offences, turn into hard criminals by living alongside hardened criminals. 

The cases of custodial torture with impunity inside the jails are a known fact. Adiala Jail is a case in point. There is unurgent system for the overhaul of the entire jail system which is need of the hour. It is very disturbing ot note that Adiala Jail has been housing more than capacity inmates and is extremely overcrowded with an overwhelming number of prisoners i.e., over six thousands being kept  in this jail against its capacity of mere 2,174.  

A recent report into Adiala Jail’s affairs is an eye opener. This report reveals that the prison is also lacking medical personnel which can be gauged from fact that there is only one doctor for as many as 5,851 inmates. 

On the other hand, the medical budget does not cater to its needs and the quality of food and other eatbles is also not good due to which diseases are rampant within this jail. The financial extortion is going on unabated within the jail premises and its only after greasing the hands of the jail authorities that the inmates can get some basic facilities.  

Custodial torture, solitary confinements and beating of the prisoners is a common norm within this jail. Recently, the Islamabad High Court (IHC), taking notice of the extreme HR violations in Adiala Jail, ordered action against Punjab's inspector general (IG) of prisons and the superintendent of Central Jail Adiala, but the fact is that a single step of action against just one prison will not make a difference. There is need for a comprehensive plan to overhaul the entire Jail systems in the country. IHC had also recommended the government to help the National Commission of Human Rights (NCHR) in establishment of a complaint cell in the Adiala prison so that the prisoners can lodge complaints against the prevalent human rights abuses. These steps were ordered during the hearing of a petition filed by the mother of a prisoner. Subsequently, the National Commission of Human Rights, report also confirmed the allegations by the mother and other prisoners in the above-mentioned Jail, where the hardened criminals are on the rampage, making life difficult for the inmates. The short order written by IHC Chief Justice Athar Minallah, pointed to the inquiry report which he said had confirmed that the "phenomenon of custodial torture is an established culture within the four walls of the jail".

The learned Judged also asked, in his short order, also asked the Federal Govt to ensure steps   to curb the prevalent Human Rights abuses in Adiala Jail.  Another aspect of our prisons is the plight of juvenile prisoners, who have nowhere to go and are turned into hardened criminals due to the inhuman environment in jails.

According to recent report by the NCHR, the imprisoned children are the worst victim of the highhanded in jails across the country. As there are no observation centres in the country for juvenile prisoners’ line with the Juvenile Justice System Act 2018, these minor offenders are at the mercy of hardened criminals in Jails. The Human Rights activists attribute to the widespread perils of the incarcerated juveniles to the lack of implementation of  laws within jails. 

It is not that laws are node made, the Juvenile Justice System Act, 2018 is very much there but it is not implemented and now are we faced with the situation that 79 out of 82 juveniles are under trial and are living with hardened criminals.  As per report, around thirty juvenile inmates have no access to legal aid which shows the contravention to Section 3(1) of the JJSA, 2018.  

The irony is that it is only the children from lower strata of the society who are lodged in jails. A whopping 75% of juvenile inmates hail from poor background and are mostly orphaned. Majority of them languish in jails for minor offences and even after getting bail, they remain in jails as there is no one to pay for their sureties, and hence exposed to all sorts of human rights violations at the hands of habitual and hardened criminals within Jail premises.

It is good to note that the National Commissioner on Child Protection recently paid surety bonds for some of the juvenile prisoners but there is still good number of juveniles languishing in jail for minor offences, and they need to be given legal aid and rehabilitated in the society so that they do not turn into hardened criminals. There is an urgent need for arrangements of child protection centres for the under-trial juveniles. It is the duty of both the federal government and the government of Punjab to ensure steps to accommodate the children identified in the National Commission inquiry report and provide them due help and legal assistance and rehabilitation.

Published in The Daily National Courier, November, 14 2022

Like Business on Facebook, follow @DailyNCourier on Twitter to stay informed and join in the conversation.