EDITORIAL: The scale of the problem is huge. In its recently released report entitled “Pakistan’s Prison Landscape: Trends, Data, and Developments in 2024” the National Commission for Human Rights (NCHR) reveals that the total number of inmates housed in 128 operational facilities across the country, including those in Azad Jammu and Kashmir and Gilgit-Baltistan, during the last year was 102,026.
This means the nationwide overcrowding rate was at around 152.2 percent while some prisons held inmates 200 to 300 percent above their capacity. Besides, the number of prisoners increased by 29 percent over 24 years, rising from 78,938 in 2000 to 102,026 in 2024.
As a result of which, the inmates face all sorts of issues, including unhygienic conditions, insufficient access to such basic needs as clean water, proper food, and healthcare facilities.
Overcrowding also exposed them to contagious diseases. There have been many reported cases of prisoners getting infected with tuberculosis, HIV, and different strands of hepatitis.
It needs to be recognised that prison populations in this country have been growing because of flaws in the criminal justices system rather than an increase in crime rates.
As the present report points out, under trial prisoners make up 73.41 percent of the total prison population, caused by an ineffective bail mechanism, prolonged judicial processes, and over-reliance on custodial measures. It suggests some prudent remedial measures such as non-custodial sentencing options, like community service for minor offences as a rehabilitative approach; and for individuals charged with drug-related offences, to receive treatment rather than getting thrown in jails.
Recommended also is introduction of parole and probation. These may be successfully functioning in various advanced countries, but given our systemic weaknesses can easily be abused in favour of convicts belonging to influential families.
The NCHR report comes at time Chief Justice of Pakistan Justice Yahya Afridi has already been holding discussions with various stakeholders for developing a national jail reform policy. He wants it finalised by specially constituted committees in the next couple of months.
A major reason of overcrowding is known to be the glacial speed at which the criminal justice system moves keeping accused jailed unheard for several years, effectively compromising their right to justice. The CJP has also been trying to introduce substantive reforms in the criminal justice system to enhance performance and efficiency.
Toward that end, information technology has been integrated into the system to improve case management processes with a focus on litigants’ facilitation through introduction of e-affidavit.
Also worth trying is senior puisne judge Justice Mansoor Ali Shah’s proposal to ease the problem of pendency by establishing alternate dispute resolution centres at district level as a feasible alternative to litigation.
Copyright Business Recorder, 2025
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