Tuesday, March 29, 2016

The neglected probation system

There are approximately 90,000 people incarcerated in the prisons of Pakistan including men, women, juveniles, minors with their mothers etc. Almost each province is faced with overcrowded prisons. In Punjab, for example, with a capacity to house 21,527 inmates there were 51,133 inmates in prisons, including 745 juveniles, by the end of September 2015. A staggering 34,860 or 70% of these inmates were under trial. The staff strength of the Prisons Department is around 17,795 with a total sanctioned budget of PKR of 7.5 Billion (7,524 Million) for financial year 2014-15.

On the other side, there were 23,395 probationers in Punjab including 22,974 male, 300 female and 105 juvenile probationers as well as 575 male and 01 female parolees. The staff strength of Probation and Reclamation Department, Government of Punjab includes 95 Officers including a Director (Basic Pay Scale BPS 19), 5 Deputy Directors (BPS 18), 14 Assistant Directors (BPS 17), 55 Probation Officers Male and 02 Probation Officers Female (BPS 16) and 15 Parole Officers Male and 05 Parole Officers Female all in BPS 16. The sanctioned budget for the Department was PKR 116.078 Million for financial year 2015-16. This shows that with only 1.54% budget as compared to the Prisons Department; the Probation Department is taking care of 45.75% of prisons’ population.

Similarly, in KP, with a capacity to house 8,285 inmates there were approximately 10,000 prison inmates with almost 70% under trial including 274 women and 395 juveniles. The staff strength of the Prisons Department in KP is 4,049 with an annual budget of 1,268 Million for 2014. The total Non Salary Expenditure during the year under was 599.62 Million. This translates to per prisoner per day Non Salary Expenditure of PKR 197.83 Million. It includes per prisoner per day food cost of PKR 124.43. While there are approximately 2,000 probationers and 25 parolees with the KP Probation and Reclamation Department with an annual budget of only PKR 31.67 Million for 2013-14.

Balochistan and Sindh are no different either, in Sindh the prisons population in December 2015 was  19,372 with 3,276 convicted including 40 female and 10 juveniles, death sentence 465 including 2 females and under trials were 15,351 including 150 females and 211 juveniles. With 25 male and 01 female Probation Officers Sindh has 645 probationers with 0 females, 45 male juveniles and 01 female juvenile on probation.

The purpose of this piece and the above data is to highlight how important but ignored the probation system in Pakistan is where the criminal justice system is dead focused on punishment and how investments in and strengthening of the probation system in Pakistan can help reduce the prisons population. Prisons are considered nurseries for producing criminals and where huge investments are made every year for improving prisons infra structure and still most of the inmates particularly women and children live in miserable conditions.

Probation is a court imposed SANCTION that "releases a convicted offender into the community under a conditional suspended sentence". This practice assumes that most offenders are not dangerous and will respond well to treatment. In fact, the average PROBATIONER is a first time and or non-violent offender who, it is believed, will be best served by remaining in the community while serving out the sentence (Encyclopedia). Under the probation system an offender is placed under the supervision and care of a Probation Officer in lieu of imprisonment as long as the probationer meets certain standards of conduct.

Why are alternatives to detention important and particularly for children? According to UNICEF alternatives to detention are measures that may be imposed on children who are being formally processed through the criminal justice system, at both pre-trial and sentencing stages that do not involve deprivation of liberty. Alternatives to detention involves communities and are inexpensive whereas detention is expensive and leads to overcrowding and turns juveniles and or inmates hostile and vulnerable to be abused and exploited. 

According to the Society for the Protection of the Rights of the Child (SPARC), one of the easiest ways to resolve the problem of overcrowded prisons in Pakistan is by invoking the system of probation and parole provided under the law. Probation is particularly useful in cases of offenders who are not yet committed to a life of crime. The relevant laws have existed for decades in Pakistan, where over seventy percent of the prison population consists of offenders whose sentence terms range from one month to one year. Generally, most have landed behind bars as a result of petty disputes, such as fights over land or water, or due to some family feuds. Most are devoid of any criminal characteristics: their interaction in jail with confirmed criminals and professionals only harms them rather than doing them any good.

After the introduction of the National Judicial Policy (NJP) 2009 being introduced by the National Judicial Policy Making Committee (NJPMC) headed by the then Chief Justice of Pakistan, a significant progress was noticed in the use of probation as an alternative measures to detention in the country. There were 10,362 probationers in Pakistan in 2005 while today there are approximately 26,000 probationers in Pakistan mostly in Punjab and KP. This was possible as the NJPMC advised the Courts and Government to maximally use the Probation of Offenders Ordinance 1960 and the Good Conduct Prisoners Probation Release Act 1926 by releasing the deserving convicts on probation and parole as prescribed in the law. The Committee also recommended that alleged child offenders’ cases will also be given higher preference.  I am not sure however, if there is that level of focus anymore on the National Judicial Policy 2009’s implementation with reference to the utilization of probation system and will strongly recommend a continued focus with a provincial lens on, on the utilization of probation system and continuous follow up with the government and the district level Criminal Justice Coordination Committees for progress in each district of Pakistan particularly in KP, the Islamabad Capital Territory and Punjab where the Police Order 2002 is still in place while in Balochistan and Sindh the District and Sessions Judges can be followed up with.

The provincial governments should encourage the Probation and Reclamation Department and focus on awareness among the stakeholders about probation system given in laws and also in the NJP as an effective alternative to detention/incarceration of offenders including child and women offenders. Efforts should also be made to bridge the gap among the judiciary, police, and probation department. The provincial and federal judicial academies should play an active role in creating widespread understanding about and willingness to utilize the probation system and last but not the least the provincial governments should make a comparative analysis of the budgetary allocation for Probation and Prisons and the outcomes and increase budgetary allocations for the Probation and Reclamation Departments. 

The writer is a human rights activist and development practitioner with a Masters in Human Rights from the London School of Economics (LSE) and tweets at @amahmood72

This article was published in Express Tribune on February 09, 2016

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