If reform is key, why overlook overcrowded prisons?

If widespread reform is what the country needs to establish a just society, why turn a blind eye to our overcrowded prisons?

To ensure rights and humane conditions for prisoners, the call for urgent reforms and the modernisation of jail and penal codes is growing while prisons continue to be overwhelmed by inmates.

According to data from the Department of Prisons, the country's 68 prisons have a capacity of 42,887 but are currently housing 53,831 inmates. 

The inmate counts nearly doubled the capacity during the recent July-August uprising and in the lead-up to the general election on January 7, primarily due to political prisoners — opposition leaders, activists, and protesters.

On 2 November last year, the inmate count stood at 85,442, while on 3 August this year — just two days before the fall of Awami League government — it reached 79,212.

The demand for prison reform is not new; however, it has gained momentum now as the country prepares for widespread changes across various sectors.

Jyotirmoy Barua, a human rights activist and senior lawyer at the Supreme Court, told TBS that overcrowded prisons hinder inmates from fully accessing their rights under the prison code, constituting a serious violation of human rights.

"A person is presumed innocent until proven guilty by law, and it is the state's responsibility to uphold their rights. The government should consider temporary measures to ensure constitutional equality for the accused, except for those who have been convicted," he added.

In Old Dhaka's Bakshibazar yesterday, lawyers and human rights activists organised a workshop where they called for comprehensive prison reforms, highlighting the need to change the mindset of government and prison officials towards inmates.

The Law Reporters Forum and the Department of Prisons jointly organised the event, facilitated by the criminal and constitutional law chamber Law Lab.

Delivering the keynote, Supreme Court lawyer Shishir Monir said prisons continue to operate under the British-era code, which lacks many provisions necessary for today's context. 

He pointed out that numerous benefits outlined in existing laws are not effectively implemented, highlighting the urgency of addressing these issues.

"Prison reforms are essential. We must modernise the prison system by integrating technology, human rights, and rehabilitation programmes with outdated laws and codes," he added.

High Court Judge Md Ruhul Quddus, Adviser to the Ministry of Housing and Public Works Adilur Rahman Khan, and Supreme Court Bar Association Secretary Barrister Ruhul Quddus Kajal attended the workshop and spoke in support of prison reforms.

Mass arrests trigger overcrowding

When the quota movement began in mid-July, the previous government conducted mass arrests nationwide, putting additional pressure on prisons. In the lead-up to the 7 January election, police intensified arrests of opposition leaders and activists, starting with the BNP's Dhaka divisional rally on 28 October last year. 

Although many students and activists were released on bail a week after the fall of the Awami League government on 5 August, prisons remain overcrowded.

Jotirmoy Barua said, "Mass arrests have happened numerous times in the past, particularly before elections or during movements. We have long argued that it is unconstitutional to arrest individuals without specific criminal charges. This culture of mass arrests must come to an end to alleviate overcrowding in prisons."

Currently, Dhaka Division prisons house the most inmates, followed by Chittagong. Only the Khulna, Sylhet, and Rangpur divisions are operating below capacity.

Assistant Inspector General of Prisons (Media) Jannat-ul Farhad told TBS, "Some prisons currently have fewer inmates than their capacity, while others are overcrowded."

"The overall number of prisoners has decreased now; from around 90,000 to 55,000. We do not have an annual budget for prisoner meals, meaning the number of inmates directly impacts the quality and quantity of food provided," he added.

After taking office on 11 August, the new Inspector General of Prisons Brigadier General Syed Muhammad Motahar Hussain said during the uprising, the infrastructures of several law enforcement institutions were damaged, including the Department of Prisons. Security breaches led to the escape of over 2,000 inmates and the theft of ammunition.

Following Al's fall, chaos erupted in several prisons, resulting in prison breaks, attacks and vandalism. Some 2,248 inmates, including those facing death penalties, life sentences, and various other charges escaped from five prisons.

Of the escaped prisoners, 1,297 have been arrested while the remaining 951 are still absconding.

Arrests are higher than usual now

In the first week of October, over 7,000 individuals were arrested nationwide by various police units. This includes those involved in attacks on students and protesters during the uprising, as well as individuals charged with drug offences, murder, robbery, and other crimes, according to police headquarters sources.

Former Awami League leaders and activists linked to corruption or other crimes during the party's tenure are also facing numerous arrests.

Following the formation of the interim government two months ago, police activity in apprehending suspects has intensified. 

Related sources indicate that, on average, over 100 people were arrested daily in Dhaka during that week. Typically, 250 to 300 suspects are arrested daily across various cases in the capital.