Modernizing prison system: An agenda for interim government

Prisons in Bangladesh are governed by laws which date back to the 19th century. Bangladesh is far behind in confirming to international standards for prisons. It has not yet been able to implement all the recommended reforms. Recently the repeated incidents of jailbreak attempts across the country have raised concerns. As a result, modernization of the over 100 years old prison acts and reformation of the jail authorities is mandatory for security implication in the prisons.

As the interim government took the initiative to modernize the law, the newly appointed Director General of Department of Prisons sent two letters to the Home Affairs Ministry early this month to include reformation measures in the new act to modernize the department.

According to jail authorities, at least 17 district jails were attacked by miscreants amid Sheikh Hasina’s fall on August 5. The attacks caused noticeable damages in eight jails while five of the jails were damaged badly. Amid the incident, some 2,000 prisoners fled from these five jails. Out of which about 900 including 70 militants are at large, they added.

Following the incidents, the guards and officials of the Kashimpur High Security Jail in Gazipur sent a 19 point-reformation proposal to the Inspector General of Police (IGP) on August 10.

The reformation proposal included change of the current color of the uniform and badge of the jail security members, to recognize the department as regular force, upgradation of the official posts and in salary scale, permission of carrying weapons while transporting prisoners and training program for increasing defense skill so that prisoners cannot flee.

In this regard, Director General of Department of Prisons, Brigadier General Syed Md Motaher Hossain told Views Bangladesh that after receiving the proposal from Kashimpur High Security Jail, all jail officials and guards across the country were asked to send their proposals for aspired reformation.

After getting the reply, a list of their demands was submitted to the concern officer of the Home Affairs Ministry on September 1, he added. The demands include 10 logical reformation needs including skill developments and starting of rationing services for the guards.

Director General of Department of Prisons, Brigadier General Syed Md Motaher Hossain further added that, ‘We also pressed some additional proposal on September 10 which includes grade upgradation of the guard and officials, introducing productive works, training for the prisoners, recognition of metro and district jails and initiating open jail system’. This will help the reformation initiatives and the necessary changes in the act that is enacting to modernizing the prison, he added.

According to the prison authorities and Home Affairs Ministry, the first prison in Bangladesh was established in 1788 with the name of Criminal Ward. But a code containing provisions for the management of prisons was formulated in 1864. The code has since been revised seven times. The last revision was done in 1937. Bangladesh got independence in 1971 from Pakistan and some changes and amendments were made to the prison act by executive order in various times but no significant changes were made in the Jail Code.

During BNP led government, the first initiative to revise and amend the Jail Code to modernize jail systems was taken in 2006.

Later when Awami League came to power, they took the initiative of enacting a new law by amending the existing law to convert prisons into correctional and rehabilitation centers. A committee was also formed under the leadership of then Senior Secretary of Legislative and Parliamentary Affairs Department Mohammad Shahidul Haque to draft the new law.A draft of the law signed by Deputy Secretary Tahnia Rahman Chowdhury was finally published on December 19, 2023 for public opinion.

According to the draft, Bangladesh Prisons and Correctional Services Act, 2023 (draft) will repeal the previous two laws—Prisons Act 1894 (Act No IX of 1894) and Prisoners Act 1900 (Act No III of 1900).

Additional Secretary (Jail Wing) under Security Services Division of the ministry Md Ziaul Huq confirmed that two proposals were submitted by the jail authorities and they have sent the proposals to the committee formed to formulate the law.

The committee will scrutinize the proposals and will also include the proposals which are needed for reformation and modernization. Afterwards a draft will be sent for final consideration to the Law ministry for vetting and other procedures, he added.