Chapter-Eight
National Statutes and International Rules regarding prisoners
8.1 National Statutes:
The administration and management of prisons in Bangladesh is carried out according to the Rules and Acts as enumerated in volumes 1 and 2 of Jail Code, formulated by colonial rulers during the 19th century. The present system and practices of prison administration were established during the 200-year period of British domination, which ended in 1947. From 1947 to 1971, when Pakistan administered the country, no improvements were made, so that imprisonment today means punishment without training or social rehabilitation.
Government should modernize the present system; it must make the prison service more attractive to potential recruits by providing better pay and higher job status to prison personnel. Recruitment practices should be changed so that background checks are performed and only candidates with good social and academic backgrounds are accepted. In addition, candidates should be required to pass written psychological, sociological, and personality tests.
The origin of jail administration based on a comprehensive law dates back to 1864, When the government of Bengal framed a detailed jail code. Until 1864, jail administration was carried out by means of sporadically issued circular letters and general orders. There had been in effect no uniformity in the jail procedure. However, The Bengal Jail Code of 1864 developed in the subsequent years into a compendium of rules and regulations issued from time to time and meant for the superintendence and management of all the jails, including the subsidiary jails, throughout the province. It comprised two parts, The Bengal Jail Code and The Bengal Subsidiary Jail Code.
The Constitution of the people’s Republic of Bangladesh, 1972
The Jail Code, 1894
The Civil Procedure Code, 1908
The Penal Code, 1860
The Criminal Procedure Code, 1898
The Special Powers Act, 1974
The Children Act, 1974
The Lunatic Act, 1912
In general, the criminal codes and procedures in effect in Bangladesh derive from the period of British rule, as amended by Pakistan and Bangladesh. These basic documents include the Penal Code, first promulgated in 1860 as the Indian Penal Code; the Police Act of 1861; the Evidence Act of 1872; the Code of Criminal Procedure of 1898; the Criminal Law Amendment Act of 1908; and the Official Secrets Act of 1911.The major classes of crimes are listed in the Penal Code, the country’s most important and comprehensive penal statute. Among the listed categories of more serious crimes are activities called “offenses against the state.” The Penal Code authorizes the government to prosecute any person or group of persons conspiring or abetting in a conspiracy to overthrow the government by force. An offense of this nature is also defined as “war against the state.” Whether or not an offense constitutes a conspiracy is determined by the “intent” of the participant, rather than by the number of the participants involved, so as to distinguish it from a riot or any other form of disturbance not regarded as antinational. Section 121 of the Penal Code makes antinational offenses punishable by death or imprisonment for twenty years. The incitement of hatred, contempt, or disaffection toward a lawfully constituted authority is also a criminal offense punishable by a maximum sentence of life imprisonment. Among other categories of felonies are offenses against the public tranquility (meaning unlawful assembly), rioting, and public disturbances; offenses relating to religion; and offenses against property, such as theft, robbery, and dacoity (robbery by a group of five or more persons).
The administration and management of prisons in Bangladesh is carried out according to the Rules and Acts as enumerated in volumes 1 and 2 of Jail Code, formulated by colonial rulers during the 19th century.
8.2 International Instrument regarding prison
A number of international instrument have provided for standards for treatment of prisoners. Among these the most important is the standard Minimum Rules for the Treatment of Prisoners. This standard Minimum rules was adopted by the first united Nations Congress on the prevention of crime and the Treatment of Offenders held at Geneva. It was approved by the Economic and social council by its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (L-XII) of 13 May 1977.This standard Minimum Rules enjoins the authority of every prison to keep a bound register where the detail particulars of the prisoners will be recorded. It imposes and obligation to keep different types of prisoners in different parts of the prison taking account of their sex, age, criminal record. It requires the prison authority to keep untried prisoners separately from convicted prisoners, women from men, and young prisoners from adults. All sleeping accommodation, as per the provision of the standard Minimum Rules, shall meet all the requirements of health, due regard being paid to climatic conditions and particularly to cubic content of air, minimum floor space, lighting, heating, and ventilation. The sanitary installations shall be adequate to enable every prisoner to comply with the needs of nature when necessary and in a clean and decent manner. Prisoners shall be adequate to enable every prisoner to comply with the needs of nature when necessary and in a clean and decent manner. Prisoners shall be provided with water and with such toilet articles as are necessary for health and cleanliness. Every prisoner shall be provided with an outfit of clothing suitable for the climate and adequate to keep him/her in good health, and shall be provided with a separate bed. Every prisoner shall be provided at the usual hours with food of nutritional value adequate for health and strength, of wholesome quality and well prepared and served. Standard Minimum Rules further provides that prisoners shall be allowed under necessary supervision to communicate with their family and reputable friends at regular intervals, both by correspondence and by receiving visits. The rules enjoin the prison authority to establish a library for the use of all categories of prisoners and ensure arrangements so that the prisoners can perform their religious prayers.
Chapter-Nine
Prison Administration system in Bangladesh
9.1 Prison Administration
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. A prison system is the organizational arrangement of the provision and operation of prisons. Imprisonment is a penalty which is given by the state for committing any crime. Prison administration system of Bangladesh is not good in terms of overcrowding, delays in judicial proceedings, living conditions in prison, the operational environment and management of prisons, and infrastructure and facilities. In order to improve prison administration system of Bangladesh we have to take certain steps such as- increase better living condition of prisoner’s accommodations adequate protection of women and child prisoners, adequate vocational training and facilities. The present system and practices of prison administration were established during the 200-year period of British domination, which ended in 1947. From 1947 to 1971, when Pakistan administered the country, no improvements were made, so that imprisonment today means punishment without training or social rehabilitation.
Government should modernize the present system; it must make the prison service more attractive to potential recruits by providing better pay and higher job status to prison personnel. Recruitment practices should be changed so that background checks are performed and only candidates with good social and academic backgrounds are accepted. In addition, candidates should be required to pass written psychological, sociological, and personality tests.
The origin of jail administration based on a comprehensive law dates back to 1864, When the government of Bengal framed a detailed jail code. Until 1864, jail administration was carried out by means of sporadically issued circular letters and general orders. There had been in effect no uniformity in the jail procedure. However, The Bengal Jail Code of 1864 developed in the subsequent years into a compendium of rules and regulations issued from time to time and meant for the superintendence and management of all the jails, including the subsidiary jails, throughout the province. It comprised two parts, The Bengal Jail Code and The Bengal Subsidiary Jail Code.
9.2 Prison Officers and Staffs
The Ministry of Home Affairs, through the Directorate of Prisons, exercises overall responsibility for proper management of the prison system. Each prison is administered by sergeants, guards and other prison staff, under the supervision of the Superintendent of Jails. In the districts, the highest civilian official, the Deputy Commissioner, oversees the working of the jails, and is expected, along with district judicial officers, to visit the jails to supervise their management and receive complaints, if any, from the prisoners. Health services to them are provided by the staff of the district hospital
One inspector general works as the chief of prison department of Bangladesh called IG prison. There is also a post of Additional Inspector General. The whole of Bangladesh is divided into four zones for the administration of prison functions. A deputy inspector general (DIG) is in charge of each zone. Besides four DIGs, there is another post of DIG for the center. The total hierarchy of prisons officers and staffs are given below :
Inspector General of Prison
Additional Inspector General of Prison
Deputy Inspector General of Prison
Senior Jail Super
Junior Consultant
Assistant Jail Inspector
Jail Superintendent
Sub-Jail Superintendent
Jailor
Deputy Jailor
Sergeant Instructor
Chief Jail Guard
Matron
Jail Guard
Apart from these officers and staffs there are doctors, nurses, administrative officers, budget officers, statistics officers, body guard and other fourth class employs in the prison department of Bangladesh.
9.3 Prisons and Capacity of Prisons
There are 67 prisons in Bangladesh. Among them 12 are central prisons and 55 are district prisons. In every district there is a prison whether central prison or district prison. Apart from them there are three unit of Dhaka central prison situated in Kashimpur, Gazipur. The 12 central prisons are –
- Dhaka Central Jail, Dhaka
- Dhaka Central Unit-1, Kashimpur, Gazipur
- Dhaka Central Jail Unit-2, Kashimpur, Gazipur
- Dhaka Central Jail Unit-3, Kashimpur, Gazipur
- Mymensingh Central Jail,
- Jesore Central Jail
- Barisal Central Jail
- Rajshahi Central Jail
- Comilla Central Jail
- Chittagong Central Jail
- Sylhet Central Jail
- Rangpur Central Jail
The prisons of Bangladesh have accommodation for about 27,300 prisoners. But in average 890-90 thousands prisoners live in those prisons. As a result of holding more inmates than the capacity, prisons became incompatible for prisoners and providing proper service and facilities became of tough task. Here is a scenario of prisons of Bangladesh.
Division Capacity Number of Prisoners
Dhaka 8,626 30,609
Chittagong 7,183 23,424
Rajshahi 5,473 15,474
Khulna 6,012 15,415
Total 27,294 84,922
Date : July 29, 2007
There are 1900 prison inmates in Kasimpur-2 prison.The capacity of this jail is about 1500 .So it is very clear that the present situation of our prisons.