The data presented underscores a systemic failure to address the root causes of Pakistan’s prison crisis, perpetuating cycles of over-incarceration and human rights violations. A steadily increasing prison population and overcrowding has overwhelmed the system and left it incapable of meeting the needs of those it detains. This failure is compounded by outdated regulations, particularly in Punjab, where the outdated 1978 Prison Rules continue to govern conditions for over 60 percent of the country’s incarcerated population.

Overcrowding, prolonged under-trial detention, and overuse of arrest and detention are not only logistical challenges but also violations of fundamental rights. The stark gap between the international standards, inconclusive reform efforts and the realities on the ground demonstrate the state’s inability to prioritise meaningful reforms. Immediate action is needed to align Pakistan’s prison administration with the UN minimum standards.

Key measures include implementing non-custodial alternatives, detention monitoring and oversight by an independent body, such as the NCHR, instituting a safe and secure complaint mechanism, and updating and standardising the Pakistan Prison Rules across all provinces and at the federal level.

1. Revise and Standardise Legal Frameworks: Revise and standardise legal frameworks governing prisons at both provincial and federal levels to incorporate international standards, including the UN Minimum Standards. Special focus should be placed on provisions addressing food, sanitation, mental health and protections for vulnerable individuals.

2. Implement Effective Monitoring: Operationalise mechanisms for regular detention monitoring, including unannounced inspections and independent visits by the NCHR to ensure compliance with human rights standards.

3. Introduce Non-Custodial Alternatives: Amend the Pakistan Penal Code to incorporate community service programmes in types of punishment, as an alternative to incarceration. Increase the availability of probation, parole and remissions, and the decriminalisation of petty offences and poverty.

4. Enhance Mental Health Services through Updated Prison Rules: Assign mental health professionals, employed under provincial health departments rather than prison administrations, to provide mental health services to inmates across all provinces. Update the Prison Rules to clearly define the roles and responsibilities of these professionals, with a particular focus on supporting prisoners on death row.

5. Address Torture and Abuse in Prisons: Implement measures to eliminate torture in prisons and establish a confidential, impartial and effective complaint mechanism for prisoners to report abuse, violence and harsh treatment. Ensure these mechanisms are monitored by the National Academy of Prison Administration (NAPA) and the NCHR to uphold accountability and compliance with international human rights standards.

6. Strengthen Probation and Parole Systems: Enhance the capacity of the probation and parole department, implement non-carceral measures aligned with international standards, and reform the pre-trial detention and bail structures to effectively reduce prison overcrowding.

7. Develop Specialised Facilities for Mental Healthcare: Establish regional psychiatric wards or forensic hospitals for prisoners with psychosocial disabilities, following the Supreme Court’s guidelines in Safia Bano vs The State (PLD 2021 SC 488). These facilities should provide targeted care and rehabilitation in a humane environment.

8. Create Prison Tribunals for Efficient Redressal: Establish specialised Prison Tribunals to function as a one-stop forum for addressing prisoner grievances, reducing the burden on the judicial system while ensuring timely and effective resolution of complaints.

9. Reform Juvenile Justice: Implement diversion measures for juveniles across all provinces, in accordance with the Juvenile Justice System Act 2018 (JJSA), the UN Convention on the Rights of Child (UNCRC), and UN Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), focusing on rehabilitation rather than punishment.

10. Repeal the 2022 CNSA Amendment: Repeal the 2022 Amendment to the CNSA that stripped the individuals charged with drug-related offences of eligibility for parole, probation and remission, in order to reduce overcrowding. Introduce proportional sentencing measures to prevent overcrowding caused by excessively punitive narcotics laws.

Published in Dawn, EOS, February 23rd, 2025