PRISON walls are meant to sequester certain individuals from society, but they must not be an impediment to their constitutionally protected rights. However, that is not the norm in a country like Pakistan, where the rights of even free citizens are often not respected, let alone those of people who are incarcerated. Inmates without means and connections are of course at a particular disadvantage. It is therefore encouraging that the Islamabad High Court last week, having converted a convict’s complaint into a petition, set up a commission — headed by Minister for Human Rights Shireen Mazari and including several rights activists — to ensure that the civil liberties of prisoners are duly protected. The complainant had accused executive authorities of negligence resulting in damage to his eyesight.

A retributive approach to justice, rather than a rehabilitative one, is often accompanied by a dehumanising approach to individuals behind bars. Such people tend to be seen by society as having forfeited the ‘inviolable dignity’ that is the fundamental right of every citizen. Many of these inmates are not even convicts, given that criminal trials take years to limp through Pakistan’s dysfunctional criminal justice system. Aside from the ethical considerations, there are legal obligations that govern the treatment of prisoners. According to international conventions, it is incumbent upon every government to protect civil liberties, while prison rules for each province stipulate an environment that affords access to health, vocational training, religious instruction, education, etc to all persons in custody. The reality is that no matter how comprehensive the rules, practical obstacles, such as overcrowding — which exacerbates resource constraints — prevent these rights from being fully realised. According to a report submitted to the Supreme Court a few months ago, there were a total of 80,145 inmates housed in 98 prisons in Punjab, Sindh, KP and Balochistan against a sanctioned capacity of 56,495. That works out to a shocking 42pc over the limit. Not surprisingly, living in such close proximity increases the chances of the spread of contagious diseases among the prison population, and adds to stress levels that can leave weaker/younger inmates more vulnerable to physical and sexual violence. Given these conditions, mental illness among prisoners is also on the rise. Of the 4,600 plus prisoners on death row in Pakistan, nearly 200 in Punjab alone are said to be suffering from some form of mental illness. The newly instituted committee has an important task at hand.

Published in Dawn, November 25th, 2019