Thursday 14 February 2019

QK Archives: At home in prison

At home in prison
Published The News on Sunday circa 2006

What could be a bigger relief for a prisoner than to get united with his family for three uninterrupted days, within the jail premises?

By Javed Aziz Khan

The MMA government, in light of the recommendations of Nifaz-e-Sharia Council, has announced a package to facilitate prisoners to have some time together with their families, thrice every year.

The decision by the NWFP government, which has been praised by the liberal circles and human rights bodies, aims to construct 20 residential barracks in four major prisons -- Peshawar, Haripur, Dera Ismail Khan and Bannu -- ensuring privacy and providing all kind of facilities that a family may need in a home. It was supposed to materialise months ago, as the announcement had come in late 2004, but the construction of separate family quarters took a long time. The PC-1 of the project for Peshawar central prison was approved a few days back under which five rooms, with attached bathroom and kitchen and a few yards in the name of a courtyard, would be constructed close to the main entrance.

Though the introduction of the package would be on an experimental basis for a certain time of period and extended to the rest of the 18 prisons of the province in case of success, many believe it would provide real relief to prisoners. It was the Nifaz-e-Sharia Council that recommended allowing a prisoner to accompany his family after every four months, the maximum period fixed by the second Muslim Caliph, Hazrat Umar Farooq (RA), for keeping a soldier away from home in connection with wars or other journeys.

Of the 2359 prisoners in Peshawar central prison, those who are imprisoned for less than five years or convicted for involvement in anti-state activities or terrorism are not entitled to bring their families. The rest would have to take permission from the District Coordination Officer as well as certain other quarters for bringing their spouses and children. A family would be allowed to stay inside the jail for three days after every four months. If one has two wives, he would be given two each days with every spouse as per the prescribed rules.

Female prisoners in various prisons, who have started protesting against the discrimination, are not entitled to bring their families at the introductory phase of the project. The NWFP government, however, is planning to give them the opportunity when the package is introduced in letter and spirit. Around 340 women are going through their imprisonment in NWFP jails among whom only 95 have been convicted while the remaining, aged 15 to 56, are going through trials under charges that are yet to be proved. Seventy-four children (girls and boys) are also accompanying their mothers in jails, 42 of them are behind the bars since their birth in jail. Females, however, can keep their children upto six years of age, a facility that earlier was extended for children less than three year old. The facility could be extended to six years only if the court allowed.

Although the step has been welcomed by human rights groups, the officials at provincial Prisons Department are still creating hurdles in launching the project. "Yes it had to be completed in all the four prisons last year. But as the allocation for the purpose was not sufficient we had to wait for increase in the budget. Now we have been given the required money and hopefully the project would complete during the current financial year," Inspector General Prisons, Fazlur Rahman, told The News on Sunday, adding they had to re-shape the PC-I due to lesser allocations.

The provincial government had allocated a special fund for the construction of family barracks in last year's budget. But, despite the allocation and firm directives, the slow pace of construction work has not yet allowed the prisoners to avail the facility. In the current budget the government has further increased the allocation for prisons, up to Rs.292.21 million from Rs.252 million, which also includes funds for the construction of the proposed 20 family barracks with 100 more wards in the rest of the 18 jails.

"We have increased the budget for prisons by 15 per cent so the projects initiated to provide relief to the prisoners could be completed within no time. The construction of family quarters has been almost complete in Bannu central prison while 15 other residential units in the rest of the three main jails is going on in full swing," remarked the NWFP senior minister Sirajul Haq, predicting that the prisoners would start availing the facility within a couple of months.

Some people fear it would create a number of problems for the inmates as well as the jail authorities and may open up the possibility of vulgarity in jails. "To begin with, female prisoners have not been given the right for which they have already started protesting. Second, who will ensure the girl coming inside to a family barrack is really the wife of the prisoner?" questions Noor Alam Advocate, who is heading an NGO, The Voice of Prisoners. He also asked for a check over the staff so they would not blackmail any family or oblige only influential inmates.

The step has been widely appreciated as it would enable many families to meet after several years. But there is a concern that five residential quarters may not be enough for a jail like Peshawar where the number of prisoners remains between 2500 to 3000. There must be also a check over the officials of these four prisons so the staff could not misuse the package. And foremost, the same right should be given to female prisoners too.