Prison system of_bangladesh,present situation of prison,

1. 1
Prison System Of Bangladesh
Chapter-1
1. Introduction:
The prison administration system of Bangladesh is not well enough compare to western
countries. The prison administration system is relatively weak in Bangladesh. Prison is
administered by the state and is used to house convicted criminals for periods of much longer
duration. Prison is a part of a larger penal system which includes other aspects of criminal justice
such as courts, law enforcement, and crime labs.
A prison is a place in which people are physically confined and, usually, deprived of a range of
personal freedoms. Imprisonment or incarceration is a legal penalty that imposed by the state for
the commission of a crime. A prison system is the organizational arrangement of the provision
and operation of prisons.
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 etc.
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

2. 2
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.
Chapter-2
Definition of Prison:
The word prison the Synonym of the word jail or goal or Penitentiary that has been defined as
place properly arranged and equipped for reception of persons who by legal process are
committed to it for safe custody while awaiting trial or for punishment. In Prison individuals are
physically confined or interned, and usually deprived of a range of personal prison are4
conventionally institution which from part of the criminal Justice System of country, such that
imprisonment or incarceration is a legal Penalty that may be imposed by the state for the
commission of crime.
The first occasion on which we read of a prison is in the history of Joseph in Egypt. Then
Potiphar, “Joseph’s master, took him, and put him into the prison, a place where the king’s
prisoners were bound”. The Heb. word here used (sohar) means properly a round tower or
fortress. It seems to have been a part of Potiphar’s house, a place in which state prisoners were
kept. The Mosaic law made no provision for imprisonment as a punishment. In the wilderness
two persons were “put in ward”, but it was only till the mind of God concerning them should be
ascertained. Prisons and prisoners are mentioned in the book of Psalms. Samson was confined in
a Philistine prison. In the subsequent history of Israel frequent references are made to prisons.
Prisons seem to have been common in New Testament times. The apostles were put into the
“common prison” at the instance of the Jewish council and at Philippi Paul and Silas were thrust
into the “inner prison”.
From Wikipedia, the free encyclopedia- “A prison, jail, or gaol, is a facility in which individuals
are forcibly confined and denied a variety of freedoms under the authority of the state as a form
of punishment. The most common use of prisons is as part of an organized governmental justice
system, in which individuals officially charged with or convicted of crimes are confined to a jail
or prison until they are either brought to trial to determine their guilt or complete the period of
incarceration they were sentenced to after being found guilty at their trial. Outside of their use
for punishing civil crimes, authoritarian regimes also frequently use prisons and jails as tools of
political repression to punish political crimes, often without trial or other legal due process; this
use is illegal under most forms of international law governing fair administration of justice. In
times of war or conflict, prisoners of war may also be detained in military prisons or prisoner of
war camps, and large groups of civilians might be imprisoned in internment camps.”

3. 3
*1|http://en.wikipedia.org/wiki/Prison
History of Prison:
The present state of Bangladesh has to be viewed in the light of the past because, as has been
said, the present “is the child of the past and parent of the future”. In order to understand the
problems and predicaments which confront the country at the present moment we shall have to
turn back to the past. Without understanding the past we cannot understand the present. If we
look at history we would find that during the past hundred years or so phenomenal changes have
taken place in what may be called the psyche of the Muslims who form the great majority of
population of this region. These changes have to be explained and analyzed in historical
perspective.
Prison is just one of a number of sanctions available to the courts to deal with those who commit
criminal offences. Imprisonment today is the harshest sanction available, but this has not always
been the case.
16th and 17th Centuries
Sanctions for criminal behavior tended to be public events which were designed to shame the
person and deter others; these included the ducking stool, the pillory, whipping, branding and the
stocks. At the time the sentence for many other offences was death.
Prison tended to be a place where people were held before their trial or while awaiting
punishment. It was very rarely used as a punishment in its own right. Men and women, boys and
girls, debtors and murderers were all held together in local prisons.
Evidence suggests that the prisons of this period were badly maintained and often controlled by
negligent prison warders. Many people died of diseases like goal fever, which was a form of
typhus.
The most important innovation of this period was the building of the prototype house of
correction, the London Bridewell. Houses of correction were originally part of the machinery of
the Poor Law, intended to instill habits of industry through prison labour. Most of those held in
them were petty offenders, vagrants and the disorderly local poor. By the end of the 17th century
they were absorbed into the prison system under the control of the local Justices of the Peace.
18th Century
Although the 18th century has been characterized as the era of the ‘Bloody Code’ there was
growing opposition to the death penalty for all but the most serious crimes. Such severe
punishment was counter-productive, as jurors were refusing to find thieves guilty of offences
which would lead to their execution. Transportation was curtailed at the end of the 18th century.
Other sanctions therefore had to be found. The two prominent alternatives were hard labour, and

4. 4
for those unable to do this, the house of correction. This practice lead to the use of prison hulks
from 1776 until their phasing out in 1857. Prison hulks were ships which were anchored in the
Thames, and at Portsmouth and Plymouth. Those sent to them were employed in hard labour
during the day and then loaded, in chains, onto the ship at night. The appalling conditions on the
hulks, especially the lack of control and poor physical conditions, eventually led to the end of
this practice. But the use of prison hulks did much to persuade public opinion that incarceration,
with hard labour, was a viable penalty for crime..
19th Century
The first half of the 19th century represented a watershed in the history of state punishment.
Capital punishment was now regarded as an inappropriate sanction for many crimes. The
shaming sanctions, like the stocks, were regarded as outdated. By mid-century, imprisonment
had replaced capital punishment for most serious offences – except for that of murder.
Pentonville was originally designed to hold 520 prisoners, each held in a cell measuring 13 feet
long, 7 feet wide and 9 feet high. Pentonville operated the separate system, which was basically
solitary confinement. In the next 6 years, 54 new prisons were built using this template.
In 1877 prisons were brought under the control of the Prison Commission. For the first time even
local prisons were controlled centrally. At this time prison was seen primarily as a means to deter
offending and reoffending. This was a movement away form the reforming ideals of the past.
The Prison Act 1898 reasserted reformation as the main role of prison regimes. This Act can be
seen to set the penal-welfare context which underlies today’s prison policy. It led to a dilution of
the separate system, the abolition of hard labor, and established the idea that prison labor should
be productive, not least for the prisoners, who should be able to earn their livelihood on release.
20th Century
The development of the prison system continues. At the end of the 19th century there was
recognition that young people should have separate prison establishments – thus the borstal
system was introduced in the Prevention of Crime Act 1908. Borstal training involved a regime
based on hard physical work, technical and educational instruction and a strong moral
atmosphere. A young person in borstal would work through a series of grades, based on
privileges, until release. In 1933, the first open prison was built at New Hall Camp near
Wakefield. The theory behind the open prison is summed up in the words of one penal reformer,
Sir Alex Paterson: “You cannot train a man for freedom under conditions of captivity”. The
Criminal Justice Act 1948 abolished penal servitude, hard labour and flogging. It also presented
a comprehensive system for the punishment and treatment of offenders. Prison was still at the
centre of the system, but the institutions took many different forms including remand centres,
detention centres and borstal institutions.

5. 5
21st Century
There are currently 139 prisons holding men, women and children in England and Wales. The
supremacy of imprisonment as a way of dealing with offending behavior shows no signs of
abating. Further new prisons are being planned. These like all new prisons will be part of the PFI
programmes and managed by the private sector. There are currently 11 privately managed
prisons, however two prisons which began life managed by the private sector have been brought
back into public management. The Declaration of Independence cited a list of abuses related to
the prisoner trade, including complaints that the Crown had obstructed justice, sent swarms of
officers to harass the people, deprived many of the benefits of trial by jury, transported persons
beyond the seas for pretended offenses, and committed other offenses.
The Civil War had profoundly altered America’s system and rationale for imprisonment.
Millions of slaves had been let loose, chattel slavery was ended, and penal servitude expanded.
Thousands of inmates had perished in deadly prison camps kept by their own countrymen. Many
more were badly scarred by what they had experienced. Many Americans increasingly
recognized that the previous reformed. The prison camps of the Civil War proved to be
incredibly lethal.. To put matters in perspective, roughly two and a half times.Until 1963, the
incidence of reported crime as measured by official crime statistics actually remained relatively
constant. But then serious crime began to experience an upsurge. The nation’s rate of
incarceration also remained relatively stable until 1974, when it also began to shoot up. The total
number of adults in prison custody on a census day in 1972 showed a rate of incarceration.
**2|From the Old French-prisoun (See Douglas Harper (2001–2013). "Prison-. Online Etymology
Dictionary. Douglas Harper. Retrieved 28 June 2013
**Paul Knepper and Per Jørgen Ystehede, eds., The Cesare Lombroso Handbook (2012)
Chapter-3
Present Situation In Our Prison System:
The Inspector General of Prisons, Brigadier General Md Zakir Hasan, recently discussed current
jail conditions with POLOFF, and described his efforts to reform the prison system in

6. 6
Bangladesh. According to Him, the total prison population in Bangladesh (including those in jail
awaiting trial, but not those detained in police stations) is approximately 86,100, which is 3.5
times greater than the country’s maximum prison capacity. Brigadier General Md Zakir Hasan,
the Inspector General of Prisons, recently discussed prison conditions and his ongoing reform of
the prison system with POLOFF. As the top Bangladesh government official overseeing the
prison system, He runs a network of 67 prisons across the country. He assumed his position in
2005. Prior to his appointment, the Inspector General position was traditionally held by a
military officer from the medical corps. He is the first infantry officer to hold the job. He
provided statistics on the current prison population. He said he receives daily reports on how
many prisoners have entered and departed the system, and that the current total number of
prisoners that day was about 88,500. This number has been relatively stable for several months,
after having risen from 72,000 at the beginning of the state of emergency in January. Between
1,150 and 1,200 prisoners enter and leave the system every day. The prison population is
currently 3.5 times over its maximum capacity of 27,000. Hasan has sought to shift prisoners
around to relieve the most crowded jails, in Dhaka and other major cities, but it can be difficult
because prisoners often must appear in court in the city where they were convicted. He hopes to
increase the prison capacity by several thousands slots this year, and will be inaugurating a new
prison in Chuaganga in northwestern Bangladesh in the middle of September.
According to Hasan, when he took over the prison system in 2005 corruption was rampant,
prisoners were routinely abused, and prison employees’ morale was abysmal. “My first thought
was that prisons cannot be punishment centers, they have to be rehabilitation centers,” he said.
He said he noticed quickly that the prisons held not just bad people, but also many victims of
circumstance, poorly educated people, and political prisoners who were involved in local
disputes. “My job, as I saw it, was to rehabilitate them since these people are still a segment of
society.”
He said he saw firsthand major problems in the way the prisons were being run. There was no
mutual respect, either amongst prisoners or between prison employees, and training for guards
was non-existent. Prisoners had to bribe the guards for the rations they were entitled to, and were
routinely placed in “bar-fitters” (a bar that connects ankle-cuffs and hand-cuffs) which were
supposed to be reserved only for transporting prisoners. The Inspector General described a series
of reforms he has initiated since 2005. He introduced several measures aimed at improving
employee training and morale, including introducing a new uniform, revising the training
program, creating a health program for employees’ families modeled on that of the military, and
helping to subsidize their children’s education. To address rampant corruption, he created an
intelligence service within the prisons to report on abuse and bribery and to monitor prison
conditions. He also managed to remove syndicates from the business of supplying prisons, a
move that ran afoul of the members of parliament that ran them. To improve communication and
promote more transparency, he instituted monthly “dharbars” or public meetings for prisoners
and employees in each of the 67 prisons, presided over by the head of the prison to discuss

7. 7
problems and concerns without fear of retribution. He also pushed through a major overhaul of
the country’s jail code, which governs how the prison system is operated. (SBU) To provide
skills for prisoners, He formalized what had been ad hoc literacy classes, with educated prisoners
as teachers. He started creating canteens staffed by prisoners, and opened a bakery, beauty salon,
and electronic repair service in the Dhaka Central Prison to put prisoners to work. He
acknowledged that poor conditions persist and that many of the changes are taking a long time to
implement.
Dhaka Central Jail:
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).
Punishment is divided into five categories: death; punishment, ranging from seven years to life;
imprisonment; forfeiture of property; and fines. The imprisonment may be “simple” or
“rigorous” (hard labor), ranging from the minimum of twenty-four hours for drunken or
disorderly conduct to a maximum of fourteen years at hard labor for more serious offenses.
Juvenile offenders may be sentenced to detention in reform schools for a period of three to seven
years. For minor infractions whipping, not exceeding fifteen lashes, may be prescribed as an
alternative to detention.
Preventive detention may be ordered under the amended Security of Pakistan Act of 1952 and
under Section 107 of the Code of Criminal Procedure when, in the opinion of the authorities,

8. 8
there is a strong likelihood of public disorder. Bangladeshi regimes have made extensive use of
this provision. Similarly, Section 144 of the Code of Criminal Procedure, frequently invoked by
magistrates for periods up to two months, prohibits assembly of five or more persons, holding of
public meetings, and carrying of firearms. In addition, the Disturbed Areas (Special Powers)
Ordinance of 1962 empowers a magistrate or an officer in charge of a police contingent to open
fire or use force against any persons breaching the peace in the disturbed areas and to arrest and
search without a warrant. The assembly of five or more persons and the carrying of firearms may
also be prohibited under this ordinance.
Persons charged with espionage are punishable under the Official Secrets Act of 1911, as
amended in 1923 and 1968. As revised in May 1968, this statute prescribes death as the
maximum penalty for a person convicted of espionage. In 1966, in an effort to prevent
information leaks, the central government passed a regulation prohibiting former government
officials from working for foreign diplomatic missions. In general, all persons seeking
employment with foreign embassies or any foreign government agencies were also required to
obtain prior permission from Bangladeshi authorities.
The custody and correction of persons sentenced to imprisonment is regulated under the Penal
Code of 1860, the Prisons Act of 1894, and the Prisoners Act of 1900, as amended. The prison
system has expanded but in 1988 was basically little changed from the later days of the highest
jail administration official is the inspector general of prisons or, if this office is not separately
assigned, the inspector general of police. At the division level or the police range level, the
senior official is called director of prisons; at the district level, he is the jail superintendent.
Below the district jail level are the sub district and village police lockups. Dhaka Central Jail is
the largest and most secure prison and has more extensive facilities than those at the successive
lower echelons. All installations are staffed by prison police usually permanently assigned to this
duty. In general, prisons and jails have low standards of hygiene and sanitation and are seriously
overcrowded. Rehabilitation programs with trained social workers were rudimentary or
nonexistent through the late 1980s. Overcrowding–the most serious basic problem–was likely to
worsen as the 1990s approached because of the mounting number of arrests connected with
opposition campaigns to oust Ershad from office.
Types Of Prisons:
The 64 prisons in Bangladesh can be divided into two major types:-
Central Jails- central jails are for the confinement of prisoners under trial, administrative
detainees and convicted prisoners sentenced to a term of imprisonment, including imprisonment
for life, and the death sentence.

9. 9
District Jails- district jails are located at the headquarters of the district, are used for the
confinement of all categories of prisoners, except those convicted prisoners whose sentence
exceeds 5 years. District jails also hold long-term convicted prisoners if ordered by the Inspector
General of Prisons/Deputy Inspector General of Prisons
Development of Prison System in Bangladesh:
Bangladesh’s prisons are part of the criminal-justice system, which is under immense pressure.
Case backlogs run into the millions, crippling the overburdened system. Corruption is also
alleged to be rife among criminal-justice agencies. Moreover, there is a clear focus on punitive as
opposed to restorative justice, and imprisonment is primarily seen as a way to gain retribution,
but rarely considered as an opportunity to change inmates’ ¬attitudes towards law and society.
Prisons in Bangladesh have historically been closed institutions. It is a very recent phenomenon
that they are discussed in public and at an international level. Recent developments illustrate just
how far Bangladesh is moving in relation to prison reform, and just how much of an ¬example to
the rest of the developing world Bangladesh could become.
Chapter-4
OBSTACLE OF PRISON SYSTEM:
Problems In The Prison Administration System of Bangladesh:
The problems that Bangladesh prison administration system has:
 Inadequate medical facilities inside prisons.
 Lack of monitoring of prisons.
 Lack of welfare measures and reform programmed.
 Corruption in tendering contracts and interviews.
 Inadequate attention to women and child prisoners.
 Inadequate vocational training facilities.

10. 10
Unhygienic Living conditions Of Prisoners Accommodation: The living conditions of
prisoners in jails are unhygienic. This is due to overcrowding of the prisons with the large
numbers of under trials. Two types of accommodation are available in prisons: cell
accommodation and accommodation in association wards.
Outdated Prisons Laws and Rules: Prisons still follow the outdated statute books of the
British colonial rulers, which were framed in the 19th century. According to these old statutes,
the main objective of the prison system was the confinement and safe custody of prisoners
through suppressive and punitive measures. There has been no significant modification in the jail
code, nor have the vital recommendations of the Jail Reform Commission been implemented.
Recruitment and Training Procedures of Prison Officers and Staff: The recruitment
and training procedures of prison officers and staff under existing rules and procedures are
insufficient for the needs of prisoners. Prison services in most developed countries are
considered to be quite advanced as correction officers are educating offenders, as part of the
effort to facilitate the reform and eventual reintegration of prisoners into society. This contrasts
with the prison system in Bangladesh, which is geared towards containment and punishment of
prisoners, and does not facilitate their reform. Hence, prison officers and staff are not recruited
with appropriate skills nor trained adequately to encourage reform.
Lack of Monitoring Of Prisons: The irregularity of monitoring visits can be detrimental to
the rights of prisoners. It is also evident that complaints against prison staff from prisoners to
inspecting officers and visitors often result in maltreatment, thus worsening the conditions in
prison even further. Hence, few prisoners currently dare to complain to inspecting officers.
Lack of Welfare Measures and Reform Programmes: Welfare measures for the benefit
of prisoners are extremely inadequate. There are no trained social welfare officers in prisons to
investigate physical aspects such as food, clothing, medical care, sanitation, and water supply
within the prisons. There are no trained social workers or psychologists to provide for the
psychological needs of prisoners.
Inadequate Protection of Women and Child Prisons: The confinement of male and
female prisoners in the same jail without separate areas is harmful to women who are more easily
subjected to physical and sexual abuse. Serious violations have occurred in the past, such as in
Khulna Jail, during the 1980s. In addition, the practice of male prisoners cooking and serving
food to female prisoners is also open to abuse by the male prisoners.
Inadequate Vocational Training Facilities: Vocational training programmed currently
available in prisons include barber shop training, laundry work, woodwork, metalwork, carpet
and cloth weaving, and wool knitting. However, these programmed are not sufficiently
developed to cater for all classes of prisoners. Activities are allotted to prisoners by the jailer

11. 11
without any consideration of skills, whereas these should be assigned under supervision of the
superintendent to reduce the risk of corruption.
According to Mr. Karzon, prison authorities in Bangladesh have failed to satisfy the Standard-
Minimum Rules for the Treatment of Prisoners set by the United Nations. Food supply is
generally insufficient and poor quality. The water supply is inadequate and has to be secured
from a container located in the bathing area of prisoners outside their cells. Besides poor prison
conditions that make the maintenance of proper health and hygienic practices nearly impossible
for prisoners, hospital facilities and services inside prisons are also reportedly inadequate.
*3|Good prison management for prison personnel of Bangladesh,BD legal Aid services Trust
And penal reforn international,Dhaka,2000,Pg 9-12.
Prisoner Lost in jail:
Thirty-two year old Rahim (not his real name), a CNG driver and the main wage earner for a
seven-member family, was arrested on accusation of theft in 2007. The case was filed with a
local police station and he was taken to a jail – and forgotten.
Rahim is a victim of the “on call” situation prevalent in Bangladesh. When the court announced
a date for his trial, they issued a production warrant to the prison authority. However, the
production warrant never reached his prison. When the case date arrived, Rahim failed to appear
in court and was thus recorded as an absconded. Oblivious to his court order, Rahim was in
prison awaiting his court date. This went on for three years. Rahim’s story is only one among
hundreds of others who languish in prison without a trial; 72% of inmates in Bangladesh are
untried and therefore legally innocent. In most cases, they are poor people with no lawyers to
defend them and with no idea about their legal rights.
The government’s human rights record remained poor, and the government continued to commit
numerous serious abuses. The following human rights problems were reported:
• Extrajudicial killings
• Arbitrary arrest
• Politically motivated violence and killings
• Impunity for security forces
• Physical and psychological torture

12. 12
• Lengthy pretrial detention
• Restrictions on privacy
• Violence against and restrictions on journalists
• Infringement on religious freedom
• Extensive government corruption
• Violence against women and children
• trafficking in women and children
• Limitation on workers right
Political Prisoners:
The government stated that it held no political prisoners; however, opposition parties and human
rights monitors claimed the government arrested many political activists and convicted them on
unfounded criminal charges NGOs did not have access to prisoners. On April 30, a Dhaka court
granted bail to and released Salah Uddin Shoaib Chaudhury, who was detained at the airport for
his attempted 2003 travel to Israel. The ordinance also gives the government the authority to
prevent phone operators from delivering messages, in the interest of national security. In cases of
national emergency, the government can revoke any permit to provide communications services,
without providing compensation to the holder of the license. The ordinance went into effect
during a recess in parliament, but must be approved as soon as parliament returns to become
permanent law. Police, even in cases not affiliated with the SPA, rarely obtained warrants, and
officers violating these procedures were not punished. Reporters Without Borders (RSF) claimed
that police monitored journalists’ e-mail. The Special Branch of the police, National Security
Intelligence, and the Directorate General of Forces Intelligence employed informers to report on
and conduct surveillance on citizens perceived to be political opponents of the government. The
censor board requested the deletion of a line in the movie “My Architect” that misidentified the
country as the poorest in the world during an August screening of the film. In April 2004 the
government confiscated the April 2 issue of the Indian magazine, Desh, for using indecent words
about Adam and Eve. In April 2004 the government forbade Time magazine from being placed
in government establishments, including on the national airline, because of its negative portrayal
of the country.
Bangladesh’s prisons are severely overcrowded with people who have yet to be convicted and
are awaiting trial. They make up a staggering 72% of the ¬prison population. These prisoners
rarely have access to legal assistance. The length of pre-trial detention is often extended with

13. 13
many prisoners spending months or years awaiting a court date. Many will stay in prison for far
longer than the sentence they would have served if they had been convicted of their accused
crime. It is also a common occurrence for people to be detained for minor offences – which can
be associated in many cases to poverty. No doubt, the sheer number of prisoners is the prison
services’ most pressing issue. Ten years ago there were 44,000 prisoners; today the number has
risen to approximately 70,000. The prison system, however, was designed to house a mere
28,969 inmates. The country is incarcerating more than two and a half times as many. The severe
overcrowding in the prison system prevents resolving issues that with a smaller population could
be tackled. For example, crowded ¬prisons are renowned across the world to contribute to high
levels of infectious disease. The lack of space impacts upon resources available for
rehabilitation; there is only very basic education available in Bangladesh prisons and the
availability of work or vocational training is inconsistent.
Within a prison system that is struggling with such daunting challenges, the young, the mentally
ill, those addicted to alcohol or drugs and women suffer the most. Prisons are simply not
designed to support vulnerable inmates such as these. It is accepted practice in Bangladesh to
hold vulnerable people in “safe custody”, where they will be imprisoned for their “safety” rather
than because they have committed any sort of crime. Furthermore, there are neither procedures to
assess the needs of prisoners nor the risks they may pose to others. Many prisoners are treated as
‘high risk’ when they may not need to be, wasting precious resources and money.

14. 14
Comparison between Bangladesh & others country:
Bangladesh is not alone in facing challenges regarding prison reform. Typically, South Asian
criminal-justice systems are still governed by colonial-era laws. In October last year, Bangladesh
hosted an international conference with participants from across the region, other developing
countries and Europe to discuss prison reform. The conference illustrated that Bangladesh is
playing a leading role in this area. Participants from member countries of SAARC (the South
Asia Association for Regional Cooperation) passed “The Dhaka declaration on reducing
overcrowding in prisons in South Asia”. The declaration highlights the need for reform; it urges
governments to take steps to tackle the problem of overcrowding in prisons and stresses the need
for alternatives to imprisonment. The declaration further highlights that imprisonment should be
a remedy of last resort, which should only be used when the seriousness of the offence makes
any other sanction or measure clearly inadequate. It also urges governments to use pre-trial
detention less frequently and for shorter periods and recommends to amend relevant laws
accordingly.
The Government of Bangladesh is now considering to host an SAARC summit of law and home
ministers on the matter. Such a forum would facilitate the sharing of good practice on a more
formal and consistent basis.
Canadian Prison Conditions:
Canada’s correctional facilities are suffering from “wear and tear,” according to a recent article
by the Citizen, with 80% of the nation’s correctional officers (about 4,700) set to retire in the
next 5 years. Spokespeople from CSC acknowledge that prison infrastructure is failing, saying
that most of the service’s 54 institutions are over 40 years old. While the prison system receives
about $1.6 billion a year, Public Safety Minister Stockwell Day says his government may have to
funnel another $225 million over the next 5 years to add, repair, and rebuild new prison cells for
the expected growth in inmates due to the Conservative government’s plan to stiffen prison
sentences. Because more prisoners have historically been sentenced to shorter prison terms, the
prisons experience a “revolving door syndrome” that taxes the stability of the facilities. CSC

15. 15
says there is an added burden of prison populations changing, such as an increase in younger and
gang-related offenders that require different housing specifications.
Capter-5
Prisons, Jails & Probation – Overview:
1. (prisons & jails – writ of habeas corpus) “By way of background, the writ of habeas
corpus is a venerable legal procedure that allows a prisoner to get a hearing before an
impartial judge. If the jailer is able to supply a valid legal basis for the arrest and
imprisonment at the hearing, the judge will simply order the prisoner to be returned to
jail. But if the judge discovers that the imprisonment is illegal, he has the power to set the
prisoner free. For that reason, the Framers of the American Constitution routinely
referred to this legal procedure as the “Great Writ” because it was considered one of the
great safeguards of individual liberty.”
2. (prisons & jails – detention until trial) “In the U.S., when a person is charged with an
offense they may be detained in jail until their trial or they may be released to await their
trial in the community through a variety of mechanisms which will be discussed later. In
many other nations, people are said to be “remanded,” which is a summons to appear
before a judge at a later date. If they are not released pretrial they can be “remanded to
custody” until their court proceeding; if they are convicted, they can be remanded to
custody prior to sentencing or during an appeal process.”
3. (prisons & jails – pretrial detention) “Pretrial detention is associated with a higher
likelihood of both being found guilty35 and receiving a sentence of incarceration over
probation,36 thus forcing a person further into the criminal justice system. In the United
States, this is particularly important because of the sheer numbers: with 20 percent of the
total number of people incarcerated being pretrial, that means nearly 500,000 people each
year are more likely to be found guilty and sentenced to incarceration, thus significantly
adding to the total number of people in prison.”
4. (prisons & jails – parole – definition) “Parole is a period of conditional supervised
release in the community following a prison term. It includes parolees released through

16. 16
discretionary or mandatory supervised release from prison, those released through other
types of post-custody conditional supervision, and those sentenced to a term of
supervised release.”
5. (prisons & jails – probation – definition) “Probation is a court-ordered period of
correctional supervision in the community, generally as an alternative to incarceration. In
some cases, probation can be a combined sentence of incarceration followed by a period
of community supervision.”
6. (prisons & jails – local detention facilities) “Jails, which are also primarily local in
nature, detain not only persons arrested for local offenses, but also virtually all persons
charged and awaiting trial under State law. jails may also house detainees and State
“prison-ready” inmates — convicted and sentenced persons whose transfer to State
prison is delayed by overcrowding or other reasons. In most such cases, State or Federal
governments pay fees to the local communities that house these prisoners.”
Although the terms “jail” and “prison” are sometimes used interchangeably, most members of
law enforcement distinguish between the two. Primarily, the difference is that a jail is used by
local jurisdictions such as counties and cities to confine people for short periods of time. A
prison, or penitentiary, is administered by the state, and is used to house convicted criminals for
periods of much longer duration. Both are part of a larger penal system which includes other
aspects of criminal justice such as courts, law enforcement, and crime labs.

17. 17
*4| New Kind of Criminal Justice", Parade, October 25, 2009, p. 6
Life of women prisoners in Bangladesh:
The prisons of Bangladesh are afflicted with various problems, which do nothing to improve the
situation of their inmates. One of the main factors is the condition of the prison buildings. Most
of the prisons in the country were built during the British Raj. The cells are small and cramped,
sanitation poor and ventilation inadequate. Many of the buildings are dilapidated and throughout
the years, accommodating prisoners beyond cell capacity; supply of low quality food; lack of
adequate medical facilities; crime; the spread of various kinds of disease; the harassment of
inmates; inadequate/insufficient budget allocation, etc. have all added to the slow degradation of
the prison system in Bangladesh.
The female inmates in these prisons face the most difficulty. Not only are there a seriously
inadequate number of cells for female prisoners, the sanitary facilities are deplorable and there
are no special facilities for children accompanying their mothers in jail. Furthermore, lack of
proper food and medical attention cause complications to the health of those inmates who are
with child.
Dilapidated Buildings: There are a total of 80 prisons in the country, out of which nine are
central jails, 55 are District jails and 16 are Thana jails. The central and most of the District
prisons were built during the British Raj, with inadequate amenities. Although these prisons were
renovated on an urgent basis, urgently required changes were not brought about in them. Despite
the expiry of the period of durability of many prisons buildings, many prisoners and under trial
prisoners have been living in those prisons under the constant threat of short circuits, wall or roof
collapse and poor sanitation. For example, Rajshahi Central Jail was built in 1840 and is now in
a very vulnerable condition.
Over Crowding: Even though Rule 129 of the Jail Code states that 'thorough ventilation of the
sleeping barracks is of the greatest importance; at least 10 square feet of ventilation area per
prisoner should be provided', over crowding is a common phenomenon in Bangladesh's prisons.
Very often inmates have to take turns to sleep and some are unable to even lie down due to the
packed cells. Rule 847 of the Code states that arrangements need to be made to avoid the
confinement of prisoners 'in excess of the sanctioned number'. If the arrival of excess numbers is
apprehended, the Superintendent must communicate with the office of the Inspector General to
see if the excess can be distributed to other jails. Unfortunately, with overcrowding in all the
large jails in Bangladesh, such method of distribution is impossible.
Jail reports do not include the number of children accompanying their mothers. One must
remember that women are accompanied by infant and small children. Such inhuman living
conditions affect not only the prisoners but innocent children as well.

18. 18
Insufficient food supply: Despite provisions in the Jail Code, inmates state that prison food is
substandard and insufficient. This is, allegedly, due to pilfering of food meant for prisoners
and/or the indifference of those responsible for feeding them.
There is also some discrimination between those prisoners who can afford to bribe jail authorities
to get more food and those who cannot. However, there are conflicting views regarding food
between the prisoners interviewed and the jail police.
In collusion with the higher authority, the suppliers of food send the prison lower quality food
for more profit. Besides this, there is the alleged complaint of reducing the quantity from the
daily allocated 133.28 grams of vegetables, 72.90 grams of fish/mutton, 77.90 grams of beef and
145.80 grams pulse for the convicted and under trial prisoners by some of the dishonest
employees of the Jail Authority. Furthermore, despite the imposed restriction on the supply of
food from outside, some persons enter into the Jail with food by establishing a 'good relation'
with the police and supply it to their respective relatives in prison. Taking advantage of the poor
quality and quantity of prison food and the demand of food for outside, it is alleged that some
opportunist, dishonest and corrupted jail officers and employees have been earning a handsome
amount of money every month.
Medical Treatment: The Jail Code provides for the position of a Medical Officer, a Sub-
Assistant Surgeon and a compounder. Needless to say, the medical facility in prisons is
extremely basic and almost nonexistent. Although there are hospitals for prisoners in some of the
jails, especially in the central jails, yet most of the jails don't have this as a functioning facility.
Furthermore, Order No. 8355P of 25 November 1913 states that all prisoners should be
vaccinated as soon as convenient after arrival at jail and booster shots carried out when
necessary. Given the fact that a large number of the inmates come from poverty-stricken
backgrounds, the practice of relevant vaccinations would be beneficial to them. The insufficiency
of necessary medicines, want of full-time doctors, the negligence of the authority, and corruption
has deteriorated the health sector of prisons. The patient can hardly get medical service while
rich prisoners can be easily admitted to the wards and the promise of a comfortable bed instead
of a hard cell floor.
Here, too, female prisoners face hardships. Despite provisions in the Jail Code (Rule 94) that
there should be separate hospitals for male and female prisoners, this is not the reality. For
example, Comilla Central Jail has one hospital, where there are 73 beds for male prisoners and
only 2 beds for the female convicted and under trial prisoners. This is really a matter of concern
and regret. There is allegation that although the pregnant women are supposed to undergo
periodical medical check-up at least twice a month, they are being deprived of it. There is only
one permanent Medical Officer in this hospital. Seriously sick prisoners are provided with the
medical service in the nearby hospitals. Rules 1167 and 1168 state that every hospitalized
prisoner must be provided with a bed, a proper mattress and as many blankets as is deemed
necessary.

19. 19
Pure water and Sanitation Arrangement: The arrangement for safe drinking water in prisons
is dubious and in all probability, ordinary tap water is used in all the prisons of the country.
Furthermore, the sanitation system is not up to the mark. Bedsides this. the drainage system is
not hygienic. There is, as has been said, not a sufficient number of toilets in any of the prisons.
For example, in the central jail of Rajshahi there are only 2 bathrooms for the female prisoners.
Although it is alleged that every day a sweeper cleans the jail's two toilets, yet that effort
becomes futile due to excessive use of them.
Capacity of Prisons in Bangladesh:
The Prison of Bangladesh have accommodation for about 27,300 prisoners. But in a average 80-
90 thousand prisoners live in those prisons. As a result of holding more inmates than the
capacity, prisons become incompatible for prisoners and providing proper service and facilities
became a tough task.Here is a scenery of prison of Bangladesh:
Division Capacity Number of Prison
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
A jail is designed for short time periods only, it tends to have less amenities than a prison.
Individuals who are being housed in a jail have access to bathrooms and are provided with food
and water, and in a low security jail, they may be able to socialize in common areas during
certain periods of the day. Most jails are designed to hold a very small number of criminals, and
have relatively lax security when compared to prisons, although in areas prone to violence, a jail
may be run along very strict lines. A jail houses people who have been convicted to serve a short
sentence, individuals awaiting trial, people who have not yet paid bail, and detainees who have
just been picked up on suspicion of committing a crime. The criminals are processed through a
booking procedure, and the criminal justice system decides what to do with them after that.
*5| The Statistics Is Collected From Jail Authority: http://www.prison.gov.bd/prison_head_quarter.php
Organogram Of Prison:

20. 20
Steps in the right direction for Prisoner:

21. 21
Despite these issues, the Government of Bangladesh has shown commitment to improving the
situation in prisons and to consider the overall reform of the criminal justice system. The
Ministry of Home Affairs and the Prison Directorate are working with the support of the German
Government through the Deutsche
To reduce overcrowding, an approach to suit the Bangladeshi context has been successfully
developed and implemented in Africa, particularly in Malawi and Sierra Leone. The focus is
specifically on under-trial prisoners without access to legal support. Paralegals from non-
governmental organizations (NGOs) have been trained to identify “forgotten” prisoners who are
often incarcerated for longer than their supposed sentence. This is the first time that the
government has allowed “outsiders” to work inside prisons. It is a good example for an effective
public-private partnership. In three pilot prisons (out of 68 prisons in total) these paralegals have
been able to identify a large number of prisoners who should not be in prison, either because they
have already been imprisoned for longer than their supposed sentence or because they are
innocent. The work of the paralegals has had a significant impact on reducing overcrowding in
these pilot prisons. To date, 1057 prisoners have been released. The approach is therefore likely
to be rolled out to further prisons in Bangladesh in the future. Here is bunchof proposals which
are supposed to replace the existing plight of the prisons of Bangladesh.
 Outdated laws and procedures concerning prisons should be amended to institute a more
humane and sophisticated approach.
 There should be seperate4 prison for female prisoners near the larger central & district
Jail.
 Formal complaint mechanism fo0r prisoners are recommended to reduce human security
violations.
 The system of visit should be improved so that it provides checks & balances to the
administration of prisons.
 In fracture and other necessary facilities should be provided so that all basic needs can be
fulfilled.
 More prison should be set up with modern facilities of a prison to mitigate the congestion
in the prisons.
 Overwhelming corruption of the prisons staffs and officers should be dealt with
rigorously.
 The staff of the prisons must change there behavior and treat prisoners with respect.
 Healthy & Hygienic environment must be ensured.
 Special attention should be given for the young women & physically disable person
The Govt. has taken up some project to prompt welfare of the inmates and bring them back to be
integrated in society. Hopefully all Concern will take it as a moral commitment for upgrading the
Human dignity.
Chapter-6
Conclusion:

22. 22
In a prison, the amenities are much more extensive, as some prisoners may be serving their lives
behind bars. Prisons have exercise areas, common areas for eating and socializing in lower
security areas, church facilities, and an educational facility which includes classrooms, libraries,
and labs to work and study in. In lower security prisons such as those used to imprison people
convicted of white collar crimes, the prison could sometimes be mistaken for a hotel. In most
cases, prison inmates are expected to share cells with other inmates, and because of the long
duration of most prison sentences, a complex social and political structure arises among the
prisoners.
A prison is capable of handling far more prisoners than a jail is, and the prisoners are typically
segregated on the basis of the types of crimes that they have been convicted of, as a safety
precaution. In addition, in countries which still have capital punishment, a prison maintains
facilities to carry out capital sentences, along with housing for criminals sentenced to this type of
punishment. In general, the prison facility as a whole is very tightly secured, even if not all the
criminals inside are violent, to prevent escapes or potential violence between wings of the prison.
Prison staff are specially trained to work in a prison environment, and a board of governors
appointed by the state oversees prison management. The overall discussion is about prison
administration system of Bangladesh and how to improve the prison system in Bangladesh.
Specific areas should focus such as- overcrowding, delays in judicial proceedings, living
conditions in prison, the operational environment and management of prisons, and infrastructure
and facilities. Reforms, particularly prison reforms to deal with human security in our prisons are
difficult to achieve. However, they can be brought about if concerted efforts are made by both
govt. agencies in charge of prison administration and NGOs and civil society to improve prison
systems. Health and Sanitation care facilities must be improved for which the directorate of
prison must have its own health services. Living conditions of the prison inmates must be
updated so as to do away with the present deplorable. The present physical structures of prisons
must be renovated for creating congenial atmospheres for exercising reformative programs.
There should be separate prisons for the female prisoners for safety and security.
For children and babies coming with the convicted mothers at the prison there should be
statutory arrangements for their growth and development. Some support from the Social Welfare
Department needs to be evolved in this context.
Vocational training facilities both for males & females should be updated so that they can find
job opportunities upon release. A Counseling Unit for convicts may be instituted for keeping a
close view upon them so that they can feel homely. If we can come up with stated suggestions
then we can expect better regulated prison administration system in Bangladesh.
Bibliography
Book References:
 Carlson, Peter M.; Garrett, Judith Simon, Prison and Jail Administration: Practice and Theory,
Jones and Bartlett Publishers, 1999
 Kader,Monjur;Hussain Md.Muajjem,Criminology:University Law Book Centre,2013

23. 23
 Sharp, Susan F. & Eriksen, M. Elaine (2003). "Imprisoned Mothers and Their Children". In
Zaitzow, Barbara H. & Thomas, Jim. Women in Prison: Gender and Social Control. Lynne
Reiner Publishers. ISBN 978-1-58826-228-8.
Web Links:
 http://www.thedailystar.net/law/2007/january/02/opinion.htm
 http://www.prison.gov.bd/index.php?module=content&action=default&cntid=1609&mid1
 http://books.google.com.bd/books/about/Prisons_and_society.html?id=sA-
8kYB7EzcC&redir_esc=y
 http://books.google.com.bd/books/about/Prison_and_jail_administration.html?id=sY7nRteCGEk
C&redir_esc=y
 https://www.prisonlegalnews.org/displayNews.aspx?newsid=108&AspxAutoDetectCookieSuppo
rt=1
Relevant Codes:
 The Jail Code,1894
 The Civil Procedure Code,1908
 The Penal Code,1860
 The Criminal Procedure Code,1898
The End
 Rezaul hoque razu
 Rezaulhoque96@gmail.com
 01724165892
 Razulaw.wordpress.com