Development of Prison Administration in Bangladesh

Report on
Development of Prison
Administration in Bangladesh
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1
Table of Contents
Topics
page no.
I. Preparetory parts
A. Title Fly
B. Title Page
C. Student Declaration
D. Acknowledgements
E. Table of Contents
F. List of Abbreviation
Chapter One
Introduction
1.1 Introductory Paragraph
01
1.2 Shadow of the Thesis
02
2
1.3 Statement of the Problem
02
1.4 Purpose of the study
02
1.5 Significance of the Study
03
1.6 Background of the Study
03
1.7 Objective
03
1.8 Methodology
04
Chapter Two
Origin and Historical Development of Prison
System:
2.1 Origin
05
2.2 Historical Development of Prison
System 05
3
2.2.1 Prison system in sixteen and
Seventeenth century:
05-06
2.2.2 Prison in Eighteenth Century
06
2.2.3 Prison in Nineteenth Century
06-07
2.2.4 Prison in Twenty Century
07-08
2.2.5 Prison in Twenty First Century
09
2.3 Prison in Sub-continent
10
2.3.1 The prison discipline committee, 1836
11
2.3.2 Commission of jail management and
discipline 1864: 11
2.3.3 The Calcutta conference of 1877:
11
4
2.3.4 The 4th jail commission 1888
11
2.3.5 The Acts 1894 based on the 1888
11
2.3.6 The India jail committee 1919-20:
11-12
2.4 Pakistan period
12
2.5 Bangladesh period
12
Chapter-Three
Definition, Meaning& types of prison and
Prisoners
3.1 Definition and Meaning of prison
13-14
3.1.1 The Jail Code-1894
14
5
3.1.2 The Prison Act 1894
14
3.1.3 The Prisoners Act 1900
14
3.2 Types of Prisons and prisoners
14
3.2.1 Central prison
15
3.2.2 District Prison
15
3.2.3 Special Types of Prison
15
a. Juvenile prison
15
b. Military prison
16
c. Prisoner of war camps
16
d. Political prisoner
16
6
e. Open Prison
17
f. Psychiatric hospital
17
3.3 Types of Prisoners
17
3.3.1 Hardened Criminal prisoners
17
3.3.2 Casual Criminal Prisoners
17
3.3.3 Criminal Prisoner
18
3.3.4 Convicted Criminal Prisoner
18
3.3.5 Civil Prisoner
18
Chapter-Four
7
4.1 The objective of Imprisonment
19
Chapter-Five
The prevailing Prison system in the world
5.1 The American Prison System
20
5.2 The Pennsylvania System
20-21
5.3 The Auburn System
21
5.4 The Elmira Reformatory
21-22
Chapter-Six
Open Prison: Bangladesh & other countries
6.1 Origin
23
6.2 Definition
23
8
6.3 Open Prison in USA
23-24
6.4 Open Prison in Netherlands
24
6.4 Open Prison in France
24
6.5 Open Prison in India
24
6.6 Open prison in Bangladesh
24
Chapter-Seven
Prisoners Rights & Human Rights
7.1 Prisoner Rights
25-26
7.2 Prisoners Human Rights:
26-27
7.2.1 Maintaining Human Dignity
27
9
7.2.2 Health Rights Of Prisoners
28
7.2.3 Safety in Prisons
28
7.2.4 Communication with Outside World
28
7.2.5 Complaints and Inspection
28
Chapter-Eight
National Statutes and International Rules

regarding prison
8.1 National Statues regarding Prison

29-30
8.2 International Instrument regarding
prison 30-31
Chapter-Nine
Prison Administration system in Bangladesh
10
9.1 Prison Administration
32
9.2 Prison Officers and Staffs
33-34
9.3 Prisons and Capacity of Prisons
34-35
Chapter-Ten
The Existing Problem in Prison of
Bangladesh
1. The problem of criminality in prison
36
2. The Health and Medicare Condition of
the prisoners 36-38
3. Prison Labour
38-39
4. Deaths in Prison
39
5. Overcrowding in prison
40-41
11
6. Sleeping Condition in prison
41-42
7. Condition of prisons buildings
42
8. Child Prisoners
42
9. Case Study
43-44
10. Corruption in Prison Department
44
11. Violence in prison
44
12. Recruitment and Training of Prison
Officials 45
13. Problem relating women inmates
45-46
14. Torture in Prison
46
12
Chapter-Eleven
Recommendation & Conclusion
11.1 Recommendations
47-49
11.2 Conclusion
49
Bibliography
50-52
Case List
52
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Chapter-One
1.1 Introduction
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. Prisons
play a vital role in administration of criminal
justice system by assisting the courts in the
due execution of the sentences awarded by
them. The word Prison the synonym of the
word Jail 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. Imprisonment or incarceration
is a legal penalty that may be imposed by the
government for the commission of a crime.
Other terms used are penitentiary,
correctional facility, remand centre,
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detention centre, and gaol or jail .The
convicted or accused persons who are
remained in prison are human being. So they
have some rights which cannot be derogated.
By ensuring the humane behavior the
prisoner can be terminated to agood citizen.
But prest condition are very unfavorable for
the proper treatment of the prisoner. 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.
The administration and management

of the prisons in Bangladesh is carried out
according to the rules and Acts as
enumerated in volumes 1 and 2 of the Jail
Code, formulated by colonial rulers during
the 19th century. These colonial rules and
Acts include the Prisons Act IX of 1894, as
15
amended, relating to the management and
training of prisoners; the Civil Procedure
Code relating to the management of civil
prisoners; and Act XLV of 1860, as
amended, of the Penal Code.
1.2 Shadow of the Thesis:
Chapter one contains introductory

paragraph, problem, background, objective,
importance and methodology of the
research. Chapter Two contains the historical
background of the thesis. Chapter three
contains classification of prisons and
prisoners. Chapter four contains objectives
of imprisonment, Chapter five contains the
prevailing prison system in different
countries, Chapter six discuss about the open
prison system, Chapter seven discuss about
prisoners rights and its implementation,
Chapter eight discuss about national statues
and international instrument regarding
prison, Chapter nine discuss about the prison
administration of Bangladesh, Chapter ten
16
discuss about the existing problems in prison
Administration. Chapter eleven discuss
about recommendations and conclusion.
1.3 Problem of the study:

The study mainly covers a brief on Reform
Proposal for Prison Administration in
Bangladesh. Here we have faced the
following limitations:
Mainly, Unavailability of data.
Incompatibility of collected data
from different sources.
Lack of organized tools to
analyze.
Lack of time for interviewing
with prisons officials.
1.4 Purpose of the study:
17
The main purpose of writing this report is
Reform Proposal for Prison Administration
in Bangladesh. To make the prison
employee more professional, efficient,
network that embodies integrity and
transparency. Bring out the awareness
regarding non-discrimination and respect for
differences, accepting prisoners as equals
regardless of race, ethnicity, gender,
political, or religious affiliation. Find out
problems regarding present prison system
and its solution.
1.5 Significance of this Study:

This study is important because from this
report readers will know about the prisons,
prisoners and their officers and staffs and
their performance. They will know how
prison officers and staffs can develop their
performance. And how the prisons can train
their employees to perform well. By this
report Government would be able to
evaluate the officers and staffs performance.
18
Assess the employee's strengths and
weaknesses. Do this by using a narrative
form, a checklist, peer and self evaluations,
or by using ranking charts. The employee
needs to understand why you have come to
your conclusions so he is able to correct any
problems. Finally it can help to adopt good
prison system.
1.6 Background of the study

The thesis report t has to be completed by
every LLB student to complete the LLB
program. For thesis Northern University
Bangladesh provides opportunities for
students to gain experience in their field,
determine if they have an interest in a
particular career, create a network of
contacts, or gain school credit. During this
period the student is supposed to use the
things he/she has learned in school and put it
in practice. This way the student gets work
experience in their field of study. The gained
19
experience will be helpful to finish up the
last year of the study.
1.7 Objective of the Study
The objectives of this study are:

To know about the prison
To know about the prison
Administration
To know about Historical
Background of the prison
To know about the present
condition of the prison
Administration
To know about existing Prison
system in different countries
To know about prisoners rights
and its implementation
20
To know about the existing
problem relating prison
To know about the reform proposal
for Prison Administration
1.8 Methodology
The sample frame of this study has

considered employees of prisons of
Bangladesh and all prisoners.. The
population has defined as employees of
prison and the prison inmates and Ministry
of Home Affairs who are related to
prison.For conducting this research the
Kasimpur-2 Jail was considered.
Primary Source:
I have collected information by conducting a
interview. I asked him different types of
21
questions about their activities and their
performance and the present condition of
Kashimpur -2 Jail. And I got some important
information to prepare this report.
Secondary Source:
Books
Journals
Law Report
Newspaper
Annual Report of
ASK,BLAST,ADHIKAR.
Internet
Analysis of Data
22
I have used Microsoft Excel and Microsoft
Word to analyze the data. To entry data,
coding option has used at the initial stage.
The measure of dispersion, correlation co-
efficient, index. number are applied. In
addition, basic statistical of different
measures of central tendency has used in
analyzing the data
Chapter-Two
Origin and Historical Development of Prison
System:
2.1 Origin
A prison (from old French prisoun), also
known as gaol or jail, is a place in which
people are physically confined and usually
deprived of a range of personal freedoms.
The first occasion on which we read of a
prison is in the history of Joseph in Egypt.
Then Potiphar, Josephs master, took him,
and put him into the prison, a place where
the kings prisoners were bound. The Heb.
word here used (sohar) means properly a
round tower or fortress. It seems to have
23
been a part of Potiphars 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.
The organized and modern concept of

prison in the Indian subcontinent has been
contribution of the British Government.
Throughout the Muslim period, there was no
regular prisons. Only old forts and castles
were used as prisions.Until the late 18th
century, prisons were used mainly for the
24
confinement of debtors who could not meet
their obligations.
2.2 Historical Development of Prison
System
2.2.1 Prison system in sixteen and
Seventeenth century:
Prison tended to be a place where people
were held before their trial or while awaiting
punishment .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..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
wardens. Many people died of diseases like
gaol fever, which was a form of typus.
25
There was no separate arrangement for men
and women The most important innovation
of this period was then building of the
petotype type house of correction,the
London Bridewell.By the end of the 17th
century they were absorbed into the prison
system under the control of the local Justice
of the peach.
2.2.2 Prison in Eighteenth Century
Although the 18th century has been
characterised 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 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
26
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 .
2.2.3 Prison in Nineteenth Century

Some remarkable changes were further
made in the prison administration in the later
half of the 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
27
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 order to ease the pressure on
British prisons, prisoners were released on
Ticket on Leave on condition that they
would not resort to criminality In 1877
prisons were brought under the control of
the Prison Commission. For the first time
even local prisons were controlled
centrally.In 1894,Gladstone committee
recommended the abolition of unproductive
labour in prison . 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
todays prison policy. It led to a dilution of
the separate system, the abolition of hard
labour, and established the idea that prison
labour should be productive, not least for the
28
prisoners, who should be able to earn their
livelihood on release.
2.2.4 Prison in Twenty Century
In the first half of the twenty century, some
significant steps were taken in the prison
system. The concept of cruel and degrading
treatment and punishment were decreased as
a remarkable number. The humanitarian
conduct to prisoners was upheld. The
development of the prison system continues.
According to the recommendation of the
Gladstone committee 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
29
conditions of captivity. Sir Lionel Fox
advocated setting up of open prisons and as
a result of his pertinent efforts, the number
of such open institutions was raised from
one in 1942 to thirteen 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 centers, detention centers
and borstal institutions.
2.2.5 Prison in Twenty-First Century
The prison system of this time in the world
is in a slandered form. The International
rules are adopted by the countries for the
humanitarian punishment for prisoners and
every country has enacted their national
statues in this regards. Although it is not
possible to change their previous rules at a
time. But the taken steps by the individual
states for reformation of prison system are
remarkable. There are currently 139 prisons
30
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. However, Thomas Jeffersons
clause protesting slavery was deleted. The
new United States struggled to determine
what to do with its penal and slavery
apparatus. Many British prisons were
converted to American ones and new penal
31
codes were implemented. Some states such
as Pennsylvania and New York provided for
the gradual emancipation of their slaves at
the same time they adopted new criminal
codes providing for the use of sentences of
imprisonment as a punishment.
The Civil War had profoundly altered
Americas 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. According to official
statistics compiled at the end of the war, the
North held a total of 220,000 Confederates
and the South held 126,000 Unionists
Estimates placed the number of prison dead
at 30,212 for the Confederate prisons and
26,774 in the Union prisons . To put matters
32
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 nations 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.
Jails, in the modern sense, are products of
the last century. It is a legacy of British rule.
E C wines observe that, the prison system in
India Empire, like the British rule itself in
that country , has grown up by degrees,
until, as there empire was consolidated and
order introduced into all department of the
Government , the treatment of criminal took
its place among the recognized branches of
the judicial administration . H S stretchy
made a survey of jail accommodation
throughout the territories of the East India
Company in 1805. Before 1835 there were
33
43 civil, 75 criminal and 68 mixed jails in
the territories under the company
Lord McCauley commission report, 1836,
public attention was not strongly drown to
prisons. The number of Thomas Richardson,
the Magistrate of 24 pagans and the
superintendent of the jail, at the presidency
of Calcutta, was the moving case of public
attention to the jail problem. About this
incident, E C wines wrote, the murder of
the Governor of the most important person
of India was the immediate moving cause of
the broad and exhaustive enquire which was
at once set on foot . The evidence collected
shows that prison discipline had at that time
only reached the stage of development in
which considerable attention was given to
the physical condition of the inmates of the
prisons. This report was prepared by Lord
McCauley, than law member of supreme
council of India. In this report Lord
McCauley expressed the idea that the best
criminal code can be of very little use to a
34
community unless there be good machinery
for the infliction of punishment.
2.3 Prison in Sub-continent
2.3.1 The prison discipline committee, 1836
Lord William Bentick appointed the second
committee on January 2, 1836.The Prison
enquiry committee appointed by the
Government of Indiain 1836 recommended
for the abolition of the practice of prisoners
working on roads. Under the chairmanship
of H Shakespeare, a member of Governor
Generals council. This committee is known
as the prison discipline committee. They
submitted a report in 1838 to Lord
Auckland. The major observation were :
The rampant corruption in the
establishment
Laxity of discipline
The system of employing prisoners on
extra moral labor.
The committee recommended increased
rigorous treatments and rejected all notions
35
of reforming criminals through moral and
religions teaching , education or any system
of rewards for good conduct. First inspector
general of prisons was appointed in India in
1844, for the north west province
2.3.2 The 2nd Jail Enquiry Committee

&Commission of jail management and
discipline (1862-1864):
A second committee was appointed in 1864
re reconsider the whole question addressed
by the first committee. Sir Jhon Lawrences
examination of the condition of the jails in
India lades Lord Dalhousie to appoint this
commission of jail management discipline.
This commission made specific
recommendation regarding the
accommodation, improvement diet , clothing
, bedding, medical care of the prisoner s and
the appointment of medical officers in jails .
36
2.3.3 The 3rd Jail Enquiry Committee and
Calcutta Conference:
A conference of experts was convened in
1877 al Calcutta in inquire into prison
administration. The remedy proposed by the
conference of 1877 was the enactment of a
new prison law , which could secure
uniformity of system at least on such basic
issues as the reckoning of the terms of
sentence .Thereafter, certain
recommendations were also made by the 3rd
bjail enquiry committee in 1877 followed by
further suggestions in 1889 and 1892.
2.3.4 The 4th jail commission 1888:

In 1888, the 4th jail commission was
appointed by Lord Duferin to inquire into
the facts of prison. This commission
reviewed the earlier reports (Reports of
1836, 1864 and 1877) and made an
37
exhaustive inquiry into all matters connected
with jail administration
2.3.5 The Acts 1894 based on the 1888:

Jail commissions report, a consolidated
prison bill was prepared. This bill was later
passed. Thus came into the prison s Act,
1894 which is the existing law governing the
management and administration of prisons
in Indian subcontinent.The Penal policy as
reflected through the act continued to be far
from reformative and contemporary.The
English thinking of deterrence was the basis
of the Act
2.3.6 The India jail committee 1919-20:

The Indian Jails reform Committee which
was appointed to suggest measures for
prison reforms was headed by Sir Alexender
Cardew.The problems of prison management
and administration continued. The Indian jail
committee 1919-20 made the 1st
38
comprehensible study of this problems in the
20th century. This committee report was
treated as a turning point of the prison
reforms the the country . for the 1st time in
the history of prisons , reformation and
rehabilitation of offenders were identified
as the objectives of prison administration .
It recommended utilization of prison inmates
in productive work so as to bring about their
reformation. It also emphasized the need for
after-care programme for the released
prisoners for their rehabilitation
2.4 Pakistan period :
In the year of 1956 than Government of
Pakistan formed a reformed committee
headed by Deputy Commissioner
S.Rahmatullah. The committee made a large
number of recommendations. Classifying
prisoners into different categories,
reconstructing the service system of jail
authority, improving the living standard of
inmates etc.were the administrative reform
proposed . moreover commission suggested
for the introduction of parole and probation
39
services and establishment of training
institute for the prison personnel.
2.5 Bangladesh Period:

Prisons are managed under the Prison Act of
1894, its accompanying Rules, and a range
of internally issued circulars, notices and
orders which together form the Jail Code of
1920. Prisons were earlier treated as punitive
centers of confinement and they have
remained as such in Bangladesh. Little effort
has been made by governments to change
these into rehabilitative and correctional
institutions. Human rights of the prisoners,
unfortunately, have never been a serious
concern for the public either. Human rights
and legal aid organizations have drawn
attention to conditions in prisons which
amount to inhuman and degrading treatment
and can be a source of violation of a person's
right to life and personal integrity. They
have also pointed out that prisons as they
40
currently operate offer little scope for
correction and reintegration into society.
The laws governing prisons, in Bangladesh
namely, the Prison Act of 1894, its
accompanying Rules, and a range of
internally issued circulars, notices and orders
which together form the Jail Code of 1920,
the Penal Code 1860, the Code of Criminal
Procedure 1898, the Lunacy Act 1974 and
the Children's Act 1974 directly contravene
the International Convention on Civil and
Political Rights (ICCPR) or the Standard
Minimum Rules.
Chapter-Three
Definition and Types of Prison & Prisoners
3.1 Definition of Prison:
Prison is a place used for confinement of
convicted criminals. Confinement in prison,
also known as a penitentiary or correctional
facility, is the punishment that courts most
commonly impose for serious crimes, such
41
as felonies. For lesser crimes, courts usually
impose short-term incarceration in a jail,
detention center, or similar facility.
Prisonisation symbolizes a system of
punishment and also a sort of institutional
placement of under trials and suspects
during the period of trial
Confining criminals for long periods of time
as the primary form of punishment is a
relatively new concept. Throughout history,
various countries have imprisoned criminal
offenders, but imprisonment was usually
reserved for pre-trial detention or
punishment of petty criminals with a short
term of confinement. A prison, jail, or
gaol(other commonly used terms are:
penitentiary, correctional facility, remand
centre, and detention centre). In some legal
systems some of these terms have distinct
meanings. 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
42
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.
"prison means any jail or place used
permanently or temporarily under the
general or special orders of Government for
the detention of prisoners, and includes all
lands and buildings appurtenant thereto, but
43
does not include (a) any place for the
confinement of prisoners who are
exclusively in the custody of the police; (b)
any place specially appointed by the
Government under section 541 of the Code
of Criminal Procedure, 1898 or
(c) any place which has been declared by the
Government, by general or special order, to
be a subsidiary jail In some legal systems
some of these terms have distinct meanings.
3.1.1 The Jail Code-1894
Jail Code consists of the provisions of
Prisons Act 1894, Prisoners Act 1900,
Identification of Prisoners Act 1920, Rules
made under Section 59 of the Prisons Act
1894 and Rules made under Section 60(a) of
the said Act of 1894 for the superintendence
and management of jails and subsidiary jails
respectively.
3.1.2 The Prisons Act 1894:
This Act defines prison as any jail or place
used permanently or temporarily for the
44
detention of prisoners under the general or
special orders of the government. Prisoners
are admitted to, removed and discharged
from the prison, disciplined and punished,
employed, medically treated and provided
with food, clothing and bedding under the
provisions of this Act.
3.1.3 The Prisoners Act 1900:
Under the Prisoners Act 1900, prison
includes any place declared by the
government by general or special order as a
subsidiary jail. This Act empowers an officer
in charge of prison to receive and detain any
person duly committed to his custody by any
court in the prison until such person is
discharged or removed there from in due
course of law. A prisoner may be moved
from one prison to another under order of
the government or Inspector General of
Prisons.
3.2 Types of Prisons
The prisons in Bangladesh can be divided
into two major types :-
45
i. Central Prison and
ii. District Prison.
3.2.1 Central Prison:
Central prisons are for the confinement of
prisoners under trail, administrative
detainees and convicted prisoners sentenced
to a term of imprisonment for life and death
sentence. There are twelve such central jails.
3.2.2 District Prison:
District prisons, 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. There are 55 District jails, which
could be called medium security prisons.
District jails also hold long term convicted
following the order of the higher authority.
3.2.3 Special types of prison:
There are some special types of prison of
which the following are most common.
46
a. Juvenile prison:
Prisons for juveniles (people under 17 or 18,
depending on the jurisdiction) are known as
young offender facilities or similar
designation and hold minors who have been
remanded into custody or serving sentence.
It is no coincidence that the modern youth
justice system emerged at the middle of the
nineteenth century, at the same time as
adolescence and juvenile delinquency
was discovered. The deep ambivalence of
the Victorians towards children was played
out in the various discourses surrounding
childhood children were simultaneously
idealized, worshipped and protected as well
as being feared, exploited and regulated
.During this period, many social reformers
and philanthropists directed their energies
towards saving and protecting,
demanding that young people should be
removed from the adult prison population
and placed in separate institutions . The
Youthful Offenders Act 1854 provided the
basis of the reformatories for the dangerous
47
classes, and legislation three years later
established industrial schools for the
perishing classes.
b. Military prison:
Prisons have formed part of military systems
since the French Revolution. France set up
its system in 1796 . They were modernized
in 1852, They are used variously to house
prisoners of war, unlawful combatants, those
whose freedom is deemed a national security
risk by military or civilian authorities, and
members of the military found guilty of a
serious crime. Military prisons in the United
States have also been converted to civilian
prisons, to include Alcatraz Island. Alcatraz
was formerly a military prison for soldiers
during the American Civil War.
c. Prisoner of war camps:
In the American Revolution, British
prisoners held by the U.S. were assigned to
local farmers as laborers. The British kept
48
American prisoners captured at sea in
broken down ship hulks. In the Napoleonic
wars, the broken down hulks were still in
use for naval prisoners. By 1900 the legal
framework of the Geneva and Hague
Convention provided considerable
protection. In the First World War, millions
of prisoners were held on both sides, with no
major atrocities throughout Europe. Officers
received privileged treatment. There was an
increase in the use of forced labor
d. Political prisoner:
Certain countries maintain or have in the
past had a system of political prisons: the
gulags associated with Stalinism in the
Soviet Union are perhaps the best known.
The condition of political prisoners in
Bangladesh is not good at all. If the
opposition party claims one as political
prisoner government reject it. For example
in 2003 The government of Bangladesh
stated that it held no political prisoners;
49
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
.
e. Open Prison
The United Nations Congress on Prevention
of Crime and Treatment of Offenders held in
Geneva in 1955,however made an attempt to
define an open prison thus:
An open institution is characterized by the
absence of material and physical precautions
against escape such as walls, locks, bars and
armed-guards etc. and by a system based on
self-discipline and inmates sense of
responsibility towards the group in which he
lives .
50
f. Psychiatric hospital:
Some psychiatric facilities have
characteristics of prisons, particularly when
confining patients who have committed a
crime and are considered dangerous. In
addition, many prisons have psychiatric
units dedicated to housing offenders
diagnosed with a wide variety of mental
disorders.
3.3 Types of Prisoners:

During the early period of prison system the
object of punishment was purely punitive in
nature. There was no need to classify the
prisoners. There was a singular system of
treatment for criminals. The sole object of
prisonisation in those days was to subject the
inmates to maximum torture and pain and
therefore there was no need to classify them.
Now the criminals are classified in two
broad categories .These are:
51
3.3.1 Hardened Criminal prisoners
Hardened Criminal prisoners who are fit for
treatment in a conventional prison.
3.3.2 Casual Criminal Prisoners
Casual Criminal Prisoners who are fit for
treatment in a medium-custody prison or
even fit to be sent to a reformatory or
realeased on probation.
According to The Prison Act 1894,there are
three types of prisoners They are
3.3.3 Criminal Prisoner

"criminal prisoner" means any prisoner duly
committed to custody under the writ,
warrant or order of any Court or authority
exercising criminal jurisdiction, or by order
of a Court-martial:
3.3.4 Convicted Criminal Prisoner
"convicted criminal prisoner" means any
criminal prisoner under sentence of a Court
52
or Court-martial, and includes a person
detained in prison under the provisions of
Chapter VIII of the Code of Criminal
Procedure, 1898 or under the Prisoners Act,
1900.
3.3.5 Civil Prisoner
civil prisoner means any prisoner who is not
a criminal prisoner. Civil prisoners may,
with the Superintendent's permission, work
and follow any trade or profession. Civil
prisoners finding their own implements, and
not maintained at the expense of the prison,
shall be allowed to receive the whole of their
earnings; but the earnings of such as are
furnished with implements or are maintained
at the expense of the prison shall be subject
to a deduction, to be determined by the
Superintendent, for the use of implements
and the cost of maintenance
Chapter-Four
4.1 The objectives of Imprisonment
53
People are sent, usual reasons are given for
retribution or deterrence or reformation.
There is interestingly no strong evidence that
incarcerating people in the prison make them
more law abiding or better citizens. In 1990
a white paper was published by the
government of U.K. The White paper stated
that imprisonment can be an expensive way
of making bad people worse. If any reform
to be happened to an individual, it cannot be
brought about by keeping that person within
the bars of the prison, rather by keeping
them in the open society.
The arguments put forward in favors of
deterrent value of imprisonment are not
strong. Many people commit crime because
of the influence of drugs or alcohol and
deterrent principle is not applicable to them.
The truth is that high or low rate of
imprisonment has little impact on the crime
level of any community. Increase or
decrease in the number of individuals
punished does not influence the frequency of
crime in any society. Sending more people
54
has every marginal influence on the crime
rate of any society. This reality is common in
almost all the countries. If incarcerating
people had any impact on the whole world.
More than one and a half million peoples are
put behind the high walls of prison in USA
and 550 people per 1,00,000 of the
population are prisoners, which is far in
excess of any other country .
Crime prevention is not something which
involves only criminal justice system. We
need to ponder over the matter from the very
root of it. If people have some abode to live,
a means of livelihood, and have personal
support system, they are less likely to
commit crime. We, therefore, are left with
the conclusion that people are sent to prison
because court has no alternative than to
deprive them of their freedom of movement.
Chapter-Five
The prevailing Prison system in the world
55
There are some systems of prison prevailing
in the world such as
5.1 The American Prison System:
During the medieval period imprisonment
was used in rare cases. Punishment inside
the prison was brutal an inhumane. The
inside the prison. But in 1775 Philadelphia
prison was remodeled on a new pattern. The
prisoners were categorized into two main
classes such as incorrigible or hardened
criminals and corrigible criminals. Towards
the end of 18th century the condition of
Philadelphia prison was degraded because of
overcrowding and maladministration. On
that time the life inside prison was very
hard, unbearable and painful. Gradually
public raised their voice against such cruel,
inhuman, degrading treatment. As a result a
chartered was passed in 1862 which is
known as Penns Charter against the heinous
process or method of punishment. The
object of this Charter was to put an end to
brutal methods of punishment on
humanitarian grounds and bring out reforms
56
in prison administration. The Charter inter
alia contained that :-
The practice of releasing
prisoners on bail should be
introduced.
Compensation should be allowed
to persons who were wrongfully imprisoned.
Prisoners should be allowed the
choice of their food and lodging to
certain extent.
The system of pillory punishing
the offender in public places should
be abolished.
5.2 The Pennsylvania System:

In 1790 the Pennsylvania System was first
came out into function in the Walnut Street
prison in Philadelphia. The prisoners were
incarcerated in isolated cells during day and
nights which was aimed at bringing about
prompt reformation of the prisoners as it was
57
considered to have extreme effect of
deterrent. On that time while carrying
prisoners from one place to another their
faces were covered by hoods so they could
not see each other. Only some classified
people were permitted to visit the prisoners
but not the relatives of the prisoners. The
inmates were subject to prayers appropriate
discourses so that they behaved themselves
with greatest propriety and decorum. Finally
this prison fell into disuse by later half of the
nineteenth century and was finally
abandoned.
5.3 The Auburn System:

A new prison was constructed at Auburn in
New York in 1818-19 in line with the model
of Pennsylvania System. The abandonment
of transportation as an alternative
punishment, the problem of overcrowding in
prisons assumed serious dimensions and so
from 1853 the system of ticket of leave
was resorted for tackling the problem of
58
overcrowding The prisoner under this
system worked in shops in an environment
of complete silence. Hardened criminals
were initially brought in this prison and
subjected to solitary confinement. The main
characteristics of this system lay in forced
silence and separation at night but
congregate in shops during day time. The
prisoners were not permitted to other
prisoners when they doing their work or
during lunch supper time. Those who
violated this rule they were punished.
5.4 The Elmira Reformatory:
The authorities tried to reform the prisoners
through religious sermons both under
Pennsylvania as well as Auburn systems till
1870.In New York, The Elmira Reformatory
was established which provides for
indeterminate sentence, parole and
probation. American prison history
experienced an era of reformation during
next thirty years. Under this system the
prisoners were classified as hardened
criminals and incorrigible. During early 20th
59
century the prisons were used as industries
to train inmates for skilled work. This
clearly served two purposes,
Firstly, it helped in the
rehabilitation of prisoners
Secondly, work in prisons kept
inmates engaged during their stay in
prison with the result they were mentally
and physically fit to return as a useful
member of society after their release.
It was around 1930 that individualization of
prisoners became the object of punishment
and hence the criminals were graded not
according their individual needs and chances
of rehabilitation. America entered into the
reformative era regarding to prison system
by opening of Reception Centre at Illions in
1933.The cells in this prison were airy, well
ventilated and equipped with adequate
arrangement of lights. The conditions of
health and sanitation were considerably
improve and inmates were provided
facilities for reading, writing and schooling.
60
The sentence of solitary confinement was
completely abolished.
Chapter-Six
Open Prisons: Bangladesh & other countries
6.1 Origin of Open Prison:
The object of Prisonisation is to eliminate
criminals from society and reform and
rehabilitate the offenders through an
institutional treatment. We must consider
after care service for released prisoner very
strongly. It will help such person to
rehabilitate in society. As a part of
correctional service it presupposes active
help and guidance to the discharged
prisoners through counseling and
surveillance. The process has, therefore,
been called the released person
convalescence The system of parole as a
corrective measure and rehabilitative process
has now been expanded in the form of open
jails and open air camps in recent years.
61
History of open jail in short
The concept of open prison is new one has
changed the view of traditional prison
system.In the late 19th century, a semi-open
prison institution called the Witzwill
establishment was set up in Switzerland.
Open prisons in modern sense were
,however, established, in UK in 1930s and
in USA around 1940s .
6.2 Definition of Open Prison
The United Nations Congress on Prevention
of Crime and Treatment of Offenders held in
Geneva in 1955, however made an attempt
to define an open prison thus:
An open institution is characterized by the
absence of material and physical precautions
against escape such as walls, locks, bars and
armed-guards etc. and by a system based on
self-discipline and inmates sense of
responsibility towards the group in which he
lives.
6.3 Open Prison in USA
62
During the 19th century open air prisons
were in existence in America in the name of
prison farms. The convicts who were nearing
the end of their sentence were generally
transferred from conventional prison to
these open firms in forests as labourers.But
it was not welcomed cordially by the
prisoners, because the prisoners were treated
as slaves. Then the system of open prison
has changed and it enter into modern era.
The greatest service done to prison
community under the system of open air
institution was to develop self reliance and
self confidence among the prison inmates by
resorting to minimum security measures.
6.4 Open Prison in Netherlands
In Netherlands,open prisons were
established at Roermond, Hoorn and
Warnsveld in 1957 , 1959 and 1962,
respectively. These were meant to serve as a
traditional place within the frame work of
pre-release treatment between the period of
prisoners detention in a closed institution
and his return to free life The inmates of
63
these open prisons are allowed to mingle
freely with members of society while at
work as also during leisure. The number of
inmates in each of the institutions is limited
to a maximum of twenty five so that their
individual progress can be conveniently
watched by competent supervisor.
6.5 Open Prison in France
France has an open prison institution in
Casabianca and a semi open Institution
Oermingen. The inmates in this institutions
go for work as free workers without any
supervision and they return to the prison
every evening or during non working days.
6.6 Open Prison in India
One of the most remarkable problem in
prison of India is overcrowding. But this
scenario is varied from prison to prison. To
solve such problem Indian penologist are
searching the alternative of traditional
prisonisation.It is the matter of concern of
the penologist that the traditional
prisonization cannot prevent the criminals
64
from doing criminal work.Such prisonisation
creats a lot of problems in prison.It has been
observed by the Supreme Court othat
overcrowding in prison is not
constitutionally impermissible, there is no
doubt that it contributes to a greater risk of
disease,higher noise levels.Yet another
baneful effect of overcrowding is that it does
not permit segregation among hardened
criminals and first offenders who are
generally corrigibles.The result may be that
hardened criminalmay spread their influence
over others. So open air camps have been
used as one of the best tools for
rehabilitation of offenders in society.The
first Indian open Air camps was established
in 1954 at Anantapur in Andhra Pradesh.
Chapter-Seven
Prisoners Rights & Human Rights
7.1 Prisoners Rights:
65
A convicted prisoner cannot claim his or her
all fundamental rights like other persons.
But prisoners have some rights which cannot
be curtailed. Because the Bangladesh
Constitution has laid some Article
guarantying some rights as fundamental
rights for all its citizens and Bangladesh is
committed under the ICCPR, among others,
to treat all persons deprived of liberty with
humanity and with respect for the inherent
dignity of the human person, to segregate
under trial prisoners from convicts and
juveniles from adults and to bring prisoners
as speedily as possible to trial. The High
Court of Madhya Pradesh in S.P. Anand Vs.
State of Madhya Pradesh, has dealt with the
basic rights which are available to prisoners
despite curtailment of their right to liberty.
But Bangladesh Government has failed to
maintain the standard of ICCPR regarding
prisoners rights. It is not possible for
Bangladesh to maintain all rules at a time
because of our shortage of money. But we
can ensure minimum standard. According to
Mr. Karzon,prison authorities in
66
Bangladesh have failed to satisfy the
Standard
Minimum Rules for the Treatment of
Prisoners set by the United Nations. Food is
generally
insufficient and of low quality. The water
supply is inadequate and has to be secured
from a
container located in the bathing area of
prisoners outside their cells
The UN Standard Minimum Rules for
Treatment of Prisoners requires states to
observe the fundamental principles of
security of life, health and personal integrity,
non-discrimination in the treatment of
prisoners, and to create conditions that allow
for prisoners to adjust and integrate into
normal community life .
Prisoners are human beings. In most cases
they are also citizens of this country,
subjects of the Queen and electors
Under the Constitution. They should ,so far
67
as the law can allow ,ordinarily have the
same rights as all other persons before this
Court. They have lost their liberty whilst
they are in prison.However,so far as I am
concerned, they have not lost their human
dignity or their right to equality before the
law.
Prisoners rights are limited. For the most
part, jail and prison inmates demand only a
minimal civilized measure of shelter.
Generally, courts follow three basic
principles when deciding whether to
recognize a particular right.
1. First, an inmate necessarily gives up
many rights and privileges enjoyed by the
rest of society,
2. Second, an inmates does not relinquish
all constitutional rights upon placement in
prison,
3. Third, the constitutional retained by the
prison inmate must be balanced against the
security concerns of the prison. Since the
liberty of a prisoner is constitutionally
68
curtailed due to his confinement, his interest
in the limited liberty left to him becomes all
the more substantial.
The established rights of prison inmates
include:
Freedom of speech and religion; Freedom
from arbitrary punishment on the sole basis
of beliefs, religion,or racial and ethnic
origin; Freedom from constant physically
restraints; essentials for personal hygiene
and opportunity to wash; clean bedding;
adequate clothing; adequate heating,
cooling, ventilation and light; and adequate
nutrition.
7.2 Prisoners Human Rights:
Article 10 of International Covenant on Civil
and Political Rights states that
1. All persons deprived of their liberty
shall be treated with humanity and with
respect for the inherent dignity of the human
person.
69
2. The penitentiary system shall comprise
treatment of prisoners the essential aim of
which shall be their reformation and social
rehabilitation. Juvenile offenders shall be
segregated from adults and be accorded
treatment appropriate to their age and legal
status.
Prisoners are the members of our society.

They are in confinement for the offences
they have committed. Nevertheless they are
entitled to enjoy the human rights as
applicable for other people subject to some
restrictions imposed by the law. The reasons
for ensuring human rights of prisoners are-
Human rights are inalienable
and must apply to all human beings
without exceptions.
A prisoner should get human rights
in order to learn how to respect the human
rights of others.
70
No person is criminal by birth.
Crime is the reflection of the failure
of society and by restoring human
rights of prisoners the society
corrects its own failure and ensures
proper socialization of prisoners.
Curtailment of liberty is a
punishment. So a prisoner cannot
be punished more by debarring him
from human rights.
Treatment of criminals is one of
the tests of civilization of the
country, so by maintain human
rights of prisoners we can contribute to
the positive development of civilization.
Persons in the detention retain all rights
except those that have been lost as a specific
consequence of deprivation of liberty.
The following rights must be ensured for the
prisoners:
7.2.1 Maintaining Human Dignity:
71
The dignity of prisoners must be protected.
It includes-
From admission to discharge
prisoners should be treated in a
humane and dignified manner,
Use of force must be restricted
and physical and mental torture
must be justified,
Prisoners must be informed
their rights and obligations and
other relevant regulations,
Standard for the
accommodation, hygiene, clothing
and bedding, food and exercise
must be maintained.
7.2.2 Health Rights Of Prisoners:

Health Rights Of Prisoners include-
Prisoners should be examined by medical
officer at the very first day of his admission
72
and prison authority should supply all
necessary things for a prisoners advised by
the medical officer ,Proper health care
including specialist treatment should be
provided on regular basis Medical personnel
should be available and well trained, There
must have proper treatment for the sick
person.
7.2.3 Safety in Prisons:
prisoners must be a safe place to live in. For
that purpose-
Prisoners should be classified according
to risk and kept accordingly,
Instruments of restraint shall
never be applied as punishment
there should be a balance of
physical, procedural and dynamic
security;
Prisoners should not be used in
a disciplinary role for other prisoners.
73
7.2.4 Communication with Outside World:
Prison is a part of community and the
inmates must not feel that they are isolated
from others. For this purpose-
Prisoners should be located in
prisons close to their homes;
Prisoners should have ample facility to
communicate with the family members,
friends and other members of the
community;
Prisoners should have access to
books, newspaper, radio and
television.
7.2.5 Complaints and Inspection:

Prisoners-
Should have access to an effective
complaints procedure within the prison to
higher authorities in the administration or to
an independent body or court;
74
Complaints should be handled
with fairness, speed and sensitivity
and without fear of reprisal
Internal inspections of prisons
should be a routine work;
Prisons should open to public
scrutiny by independent inspection
teams.
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
75
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
76
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 peoples
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
77
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
countrys 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
78
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
79
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
80
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
81
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
82
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 prisoners
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
83
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
84
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 :
85
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
Jail
or
Deputy
Jailor
Sergeant
Instructor
86
Chief
Jail Guard
Matr
on
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
1. Dhaka Central Jail, Dhaka
87
2. Dhaka Central Unit-1, Kashimpur,
Gazipur
3. Dhaka Central Jail Unit-2, Kashimpur,
Gazipur
4. Dhaka Central Jail Unit-3, Kashimpur,
Gazipur
5. Mymensingh Central Jail,
6. Jesore Central Jail
7. Barisal Central Jail
8. Rajshahi Central Jail
9. Comilla Central Jail
10. Chittagong Central Jail
11. Sylhet Central Jail
12. Rangpur Central Jail
The prisons of Bangladesh have

accommodation for about 27,300 prisoners.
But in average 890-90 thousands prisoners
88
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.
89
Chapter-Ten
The Existing Problems in Prison System in
Bangladesh (Findings)
1. The problem of criminality in prison
The problem of criminality in prison is
another matter of great concern but it is
always remain in dark. There are many
reasons of such criminality. Most of the
prisoners are kept in same room without
classifying his age, nature of crime and his
previous crime report. As a result the
habitual criminal easily dominates over the
fresher prisoners. Some try to establish their
superiority over his fellow prisoners through
illegal manner, so an illegal competition is
always continued among such inmates who
create many sorts of violence in the prison.
Another crime in prison is related to
sexuality. The continuous long absence
from members of the family deprives the
inmates of their sex gratification which is
one of the vital biological urges of human
90
life. Not being able to control this sex desire,
the prisoners quite often resort to unnatural
offences Some inmates involve in illicit
relationship with women inmates taking help
of some dishonest officers or staffs of the
prison. Theft in prison is another crime,
although it is petty in nature. Most of the
prisoners are careless to the rules of the
prison which creates the instability in prison.
2. The Health and Medicare Condition of
the prisoners:
The health of prisoners is an important issue
which needs attention of the prison
authorities. The state of health includes the
description regarding past and present
suffering of the disease of the new prisoners.
The medical facility which is provided by
the authority is not good enough. The
previous condition of prisoners health and
facilities provided by the authorities was
worse than present. Prisoners are served
with so low quality of food that they fall sick
after consuming those foods. Chronic blood-
dysentery has been a common disease of the
91
prisoners in all the jails of Bangladesh.
Almost all of them suffer from malnutrition,
obviously the inadequate quantity of food
being the reason. The overall condition has
negative impact on the health hygiene of the
prisoners. Most of the jail authorities in
Bangladesh failed to fulfill Minimum
standard set by the UN. They failed to
ensure minimum floor space, lighting,
heating and ventilation inside the prisons.
Because of the low quality food, inadequate
water supply, unhygienic toilet and damp
environment inmates suffer from various
diseases like indigestion, diarrhea, dysentery
and skin disease. The attached hospitals of
the jails do not have sufficient medical
facilities sometimes seriously ill patients
have died due to lack of transport facilities
when they are brought from jail to the
hospital.
The prisoners of 56 prisons among 67
around the Bangladesh are deprived from
health care and medical facility due to the
absence of prison hospital. There is no
92
availability of ambulance services. So, the
severe patients of prisons are taken to the
general hospital by the prison van for their
treatment. The treatment activates have been
closed due to lack of manpower and doctor
of which 11 prisons using the hospital. There
are 11 prisons using the hospital amongst 67
prisons around the country, but there are not
enough doctors and manpower to provide
service to the ill prisoners. The conditions of
the sick prisoners are being deteriorated due
to lack of clean water supply and proper
sanitation. There are only 16 doctors for
about one sick prisoner all over the country
as well as no specialist amongst them. The
treatment services for the sick prisoners are
being hampered due to the lack prisons
hospital availability in the 56 prisons The
High Court of Madhya Pradesh, The Court
issued directions to the state Government to
initiate adequate steps to control spread of
diseases in prisons The Court enumerated
the factors which account for increase in the
number of prisoners exposed to infection of
tuberculosis in prisons, they are as follows :
93
Delay in diagnosis, neglect of
prisoners health problems
insufficient health services in
prison.
Failure of medical services to
refer T.B suspects for diagnosis or to initiate
timely treatment;
Transfer of prisoners with
infectious tuberculosis between
and inside prisons;
Overcrowding and prolonged

confinement inside the cells
Failure to segregate infectious
cases from other prisoners;
Sub-standard treatment
resulting in failure to cure patients
and prolonged infectiousness;
Poor ventilation and poor
nutrition may also lead to cause of
disease
94
The prison hospitals are helping the
following prisons; Dhaka, Chittagong,
Rabgpur, Rajshahi, Jessore, Khulna,
Barishal, Kumilla, Sylhet, Mymensing and
Kashimpur. In total 16 doctors are providing
medical services among the prisons but none
of them are specialist. Only one of them is a
women doctor. In Dhaka central prison 5
doctors, Kumilla prison 1 doctor, Chittagong
prison 2 doctor, Sylehet prison 1 doctor,
Mymensing prison 1 doctor, Jesore prison 1
doctor, Barisal prison 1 doctor and
Kashimpur women prison 1 doctor provides
the treatment facility to the sick prisoners.
But they do not have a nurse to help the
doctor. Rest of the 56 prisons, there is no
prison hospital. But they have primary
treatment centre. But they have no doctor.
Sometimes the prison authority hires the
doctor to provide medical treatment to sick
prisoners. There is no facility for medical
examination amongst the prisons. The prison
authority provides Paracitamol, Napa,
Histacine as well as Oral saline free of cost.
Then, expensive medicines have to buy from
95
the outside of the prison by the prisoners
themselves. On 1972, a prison hospital of 50
beds was started at Dhaka Prisons with one
doctor. Gradually it increased it bed on 150.
There is a hospital of 200 beds in Kashimpur
prisons, but there is only 1 doctor providing
the services. If the prisoners become sick,
the prisons police provides them the
treatment as well as the medicine. The sick
prisoners does not get the chance to be
admitted to the hospital due to lack of
accommodation at the hospital. In many
time, dangerous terrorist as well as the VIP
prisoners engaged the hospital cabin using
their power as well as the illegal money. The
food standard of the prisons is very bad.
Sometimes the prison authority provides
them with spoiled food.
3. Prison Labour
The main object of punishment is to reform
the offender. The offender is a human being.
Applying the proper treatment or
reformative method we can rehabilitate them
in society. Utilizing of prisoners in
96
productive work has been accepted as one
of the best method of bringing about
rehabilitation of offenders.TheXIIth
International Penal and Penitentiary
Conference held at Hague in 1950 suggested
work as the best alternative for
channelizing the potential of prisoners for a
useful purpose. The productive activities of
the prisoners will be helpful for their
physical and mental health and they will also
be able to help their family by giving the
money which is earned by them. As a result
their family will sustain and they can think
of returning to society as Law abiding
citizens. Considering this matter I would like
to refer the Justice Mullah Committee
Report (1983), the supreme court of India
observed that it contains a lot of suggestions
as:
All prisoners under sentence should be
required to work subject to their physical
and mental fitness as determined medically.
Work is not to be conceived as additional
punishment but as a means of furthering the
97
rehabilitation of the prisoners, their training
for work, the forming of better work habits,
and of preventing idleness and disorder..
But it is a matter of great concern that the
productive activities of prison inmates are
used as tools of punishment. Extra work
load, low wage and not pay the wage in
proper amount and manner are the cause of
considering such reformative method as a
tools of punishment. The Supreme Court in
State of Gujarat V. The High Court of
Gujarat, reterated that reasonable wages
should be paid to prisoners for the work or
labour done while in prison and laid down
guidelines for the same. The Court further
held that conviction for a crime does not
reduce the person into a non-person whose
rights are subject to whims of prison
administration. In our prisons, the
opportunities to productive activities are
limited.
4. Deaths in Prison:
98
It is the common scenario of every prisons
of Bangladesh. According to the prison
authorities, many died from sickness. It was
reported in the daily star in 9 July, 2013 that
at least 49 prisoners were admitted into
Dhaka Central jail hospital with serious
injuries and wounds but failed to get
required urgent treatment outside the prison.
About 31 prisoners died in prison from
January 1st to 3rd December 2013, it was
reported by ASK. According to the rights
organisation ASK, in 2010, 17 prisoners
under trial and 3 convicted prisoners died in
jail custody and in 2009, 28 prisoners
under trial died in jail, as well as 30
convicted prisoners.
5. Overcrowding in prison
Overcrowding is one of the most important
problems of the prison system in
Bangladesh. In Kasimpur -2 Jail there are
1900 prisoners which can hold 1500
prisoners. Bangladesh has a capacity of
holding 27,294 prisoners in all its prisons as
to the numbers of the jails in Bangladesh,
99
three different authorities have mentioned
three different numbers. Faustina Pereira has
mentioned that the total numbers of jails in
Bangladesh are 81, Altaf Parvez has
mentioned that the numbers are 77, Ain O
Salish Kendra has estimated 66 jails in
Bangladesh.
According to the account of Faustina among
81 Jails, 9 are central jails, 56 district jails,
and 16 are Thana jails across the country.
According to a statistics of the first week of
September, 2001, there was a total of 68,405
were 47,430 were awaiting trail and 1,203
were detained under the special powers Act,
1974, about 5,000 were awaiting trial of
offences. Unfortunately their term of
punishment was less than the period they
had spent in jail.
Central jails accommodate convicted
prisoners, whereas other jails house the trial
prisoners. Overcrowding is the most actual
problem encountered by the inmates, and it
goes, usually, to such an extent that the total
number of inmates in almost 3 5 times the
100
total accommodation of the jails. One
statistic of 2000 revealed that all the jails of
Bangladesh can accommodate a maximum
number of 23,942 inmates in total. But the
jails had to house 59,885 inmates, more than
two times the total capacity.Dhaka Central
Jail can accommodate 2632 prisoners, but in
2003, it housed inmates three its capacity,
The condition of Chittagong central jail was
worse. It has the capacity to accommodate
1047 inmates, but in 2003, 5734 prisoners
had to stay there, about five times its official
capacity. In 2003 the total number of
prisoners was 71,072. It was almost three
times the official capacity of 25,396, In this
year 34,530 prisoners were housed in 55
district jails which was more than three
times the official capacity.
On 31 December 2004 there were 74,701
prisoners in 11 central jails and 55 district
jails. Among the inmates 30.77 percent were
convicted and 68.64 percent were awaiting
trial. 31 prisoners were detained under the
special powers Act, 1974. There were 401
101
foreign prisoners, who had completed their
term of sentence, were languishing in
different jails. The increase in the number of
inmates can be attributed to arbitrary arrest
and delayed trial procedure. A large number
of prisoners cannot take the help of law
because of their poverty. They even do not
know their right to free legal aid. In some
cases the inmates are kept in the jails after
completion of their sentence.
6.Sleeping Condition in prison:
The sleeping condition in prison is matter of
worry. Because Prisoners have to sleep in
shifts at night because of the overcrowded
situation of the jail. The current striped,
coarse uniform worn by ordinary prisoners is
considered most demoralising. A bed
consists of two blankets one to spread on the
floor, and another to use as a pillow -- this is
both inadequate and degrading. Such
conditions are detrimental to prisoners
physical and mental health, and in violation
of their human rights. Jail code allocates a
space of 35 square feet for every prisoner,
102
but prisoners hardly get the space
mentioned. Each inmate had only one square
feet of standing space in Naogoan Jail, let
alone space for sleeping. Condition of
Chittagong Central Jail in most deplorable as
200 inmates was made to use a single toilet
and water was rationed to one mug per
inmate per day.
7. Condition of prisons buildings:
The prison condition is very bad in
Bangladesh. The building of the prisons is
old and some are not sufficiently secured. In
the absence of proper maintenance the old
building may collapse. Budget constraints
delayed the new construction.
Overcrowding, tiny cells for prisoners,
insufficient ventilation and sewerage have
created serious health problems for the
prisoners. In a small cell eight persons can
sleep and other eight can lean against the
wall and weir for sleeping. Poor ventilation
and low water supply for drinking and
bathing cause the permanent problem of ill
health of the prisoners. Low budgets and
103
corruption give rise to inadequate nutrition
and insufficient medical facilities. Scarcity
of medical and other facilities encouraged
the prison officials to become corrupt.
Indiscriminate arrests and procrastination of
judicial procedure are the reasons for
overcrowding in the prisons. In 2004 about
68 percent of the prisoners were awaiting
trial. Many prisoners were arrested under
section 54 of the criminal procedure code
1898 and section 86 of the Dhaka
Metropolitan Police Ordinance, 1976. Many
prisoners were detained for committing
minor offences and many stayed beyond the
sentence. Foreign prisoners are no exception
to this.
8.Child Prisoners
There were 1,405 child prisoners in different
jails by the end of 2004. Of them 35 percent
were in 17 jails in Dhaka Division and 65
percent in 57 other jails. Another 234 child
prisoners were in different correction
centers. Among them 107 were in Tongi
Correction Centre 86 in Jessore correction
104
centre, 41 in Konabari correction Centre.22
The National Task force, constituted in
2003, instructed to take necessary measures
to transfer the child prisoners from jails to
the correction centers and also to take
measures for improving their health while in
prison. On August 3, 2004 the High Court
Division ordered the government to submit a
report within six months on the
implementation of its earlier order to transfer
the listed children to the correction centers.
The court also ordered to fulfill the mandate
of the children Act, 1974 and not to try child
prisoners with adult accused. Under trial
prisoners have the fundamental right to
prompt trial, the court also observed. "The
law requires that juveniles be held separately
from adults, but in practice many juveniles
were incarcerated with adults. Children were
sometimes imprisoned (occasionally with
their mothers) despite laws and court
decisions prohibiting the imprisonment of
minors."
Case study
105
ASK and BLAST Vs. Bangladesh and others
,
Facts:
BLAST, along with Ain o Salish Kendra
(ASK), filed a writ petition based on a news
item published in the Daily Star on
09.04.2007 challenging the detention of 420
juvenile prisoners alongside adults in
different jails around Bangladesh while the
three Correctional Homes having
accommodation capacity for 700 children
had only 200 inmates.
Argument:
The petitioners argued that detention of
juvenile prisoners alongside adults violates
Sections 48 and 55 of the Children Act,
1974; Rule 962 of the Bengal Jail Code; and
the fundamental right to be treated in
accordance with law under Article 31 of the
Constitution. They also referred to Article 20
and 40 of the United Nations Convention on
the Rights of the Child, 1990; Article 14(4)
of the International Covenant on Civil and
106
Political Rights, 1966; the United Nations
Standard Minimum Rules for the
Administration of Juvenile Justice, 1985; the
United Nations Guidelines for the
Prevention of Juvenile Delinquency, 1900;
and the Minimum Rules for the Protection of
Juveniles Deprived of their Liberty, 1900.
Order:
The High Court issued a Rule Nisi on
24.07.2007 directing the respondents to take
necessary steps to transfer the juveniles held
in jails to Juvenile Development Centers and
to show cause as to why their detention
should not be declared illegal and without
any lawful authority.
Laws Cited:
Constitution, Article 31; The Children Act,
1974 and Rules 1976; Probation of
Offenders Ordinance, 1960 and Rules 1971;
Bengal Jail Code
International Instruments Cited:
107
Convention on the Rights of the Child,1990;
International Covenant on Civil and Political
Rights, 1966; Standard Minimum Rules for
the Administration of Juvenile Justice, 1985
United Nations Guidelines for the
Prevention of Juvenile Delinquency, 1900;
Minimum Rules for the Protection of
Juveniles Deprived of their Liberty, 1900
Status:
The petitioners made an application for
immediate transfer of juvenile detainees
languishing in jail to correctional homes, or
for release in appropriate cases, which was
allowed on 17.07.2008. The Court ordered
the respondents, the Ministry of Home
Affairs, Ministry of Social Welfare,
Department of Social Services and Inspector
General of Prisons to transfer juveniles to
Correctional Homes. The juveniles have
since been transferred to the Juvenile
Development Centre pursuant to the Court
108
order dated 17.07.2008. The case is pending
for hearing.
10.Corruption in Prison Department:

Extortion by prison staff and corruption of
the grounds is common. Given the extensive
power that prison guards exercise over
inmates, these problems are obvious. The
poorly paid guards try to complement their
regular earnings by exploiting the prisoners
as bait for their friends and relatives.
11.Violence in prison
Violence is common at the prisons. Inmates
on inmates violence is an unsurprising result
of official slackness. By neglecting to take
charge of the inmates within their facilities ,
by failing to act in response to incidences of
violence, by wickedly allowing the entry of
armament into the prisons and by generally
abetting the domination of the strongest
prisoners over the weakest, prison
109
authorities are directly liable for the
violence.
12.Recruitment and Training of Prison

Officials
The recruitment and training of prison
officers and staff under existing rules and
procedures of prison officers and staff under
existing rules and procedures are insufficient
for the needs of prisoners. Prison service 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 for proper reform .
110
13.Probleme releting women inmates:
A lots of problems are remaining in our
prison system regarding female inmates.
Sometimes there are sexually tortured by the
prisons staff. Some female inmates are
involved in illicit reletion with male
prisoners or prison staff.Somedays ago a
female inmates were prescribed as pregnant
by medical officer of prison although there
was no possibility to make any sexual
relation with anyone. But it was happened. It
was the talk of that time.With a view to
improving the plight of women prisoners in
jails the Supreme Courts directives stated in
Sheela barse v.Stae of Maharastra ,deserve
particular mention. They are briefly stated as
follows:-
Female prisoners and suspects
should be guarded by female guards or
constables. Obviously, they should be
separated from male wards.
111
Interrogation of women should
be carried out in presence of
women officials.
Intimation regarding arrest of a
woman offender must be
immediately given to her relatives.
Information of such arrest must
be immediately sent to the nearest
Legal Aid Committee.
The female inmates are very minimal in

number than the male inmates which shows
that criminal behavior in female population
of Bangladesh is not a widely spread
phenomenon. This claim can be illustrated
by the statistics given below
Division Prisoners waiting for trial
(hajoti) Convicted prisoners (Koedi)
Prisoners waiting for the execution of
death sentences
112
Male Female Male Female Male
Female
Dhaka 20,242 907 8,494 252 413 15
Chittagong 16,764 589 5,443 134 178 2
Rajshahi 9,824 522 4,806 144 150 5
Khulna 9,210 340 5,139 173 176 1
Total 56,040 2,358 23,882 703 917 23
Date : July 29, 2007

14. Torture in Prisons:
Torture in prisons is very common incident
now-a-days. The Human Rights workers or
Agencies are not permitted to work inside
the prisons. As a result the real view of the
prisons inner side is always remaining in
dark. But an aggrieved person can ensure his
or her right to life & liberty through writ
petition which is guaranteed by the
Constitution. The Suprem Court of India
113
held that mere detention is no ground for
suspension of detenues fundamental rights
Chapter-Eleven
Recommendation and Conclusion
Inorder to make the prison life less abnormal
and provide better opportunities for
rehabilitation of prisoners, the present prison
system should be reformed. After the
independence of Bangladesh a committee
headed by the Chief Justice F K M Munim
submitted recommendations to the
government. In 2003 another committee was
formed which has also submitted their
recommendations. But there is no
implementation of their recommendations.
Here is a branch of proposal which are
supposed to replace the existing problem of
the prisons of Bangladesh.
11.1 Recommendations:
How to improve prison administration
system of Bangladesh-
114
1. The governing Laws of prison in our
country are outdated. Such laws should be
amended as early as possible. The
Government of peoples Republic of
Bangladesh has already taken initiative to
modify the Jail Code. But it is not enough
for the present prison and prison
administration of our country. It is important
to promote the concepts of prison reform
and the protection of human rights and
security of prisoners based on the evidence
that such treatment is more effective than
retributive treatment.
2. We know that it is not possible for us to
eradicate corruption from any
Administration completely. But it can be
decreased at a remarkable number. The
corruption of prison officers and staffs
should be stopped. Accountability and
absence of arbitrariness can help to
minimize such corruption. Check and
balance in the prison administration in
enjoying their power can also help to
eradicate corruption and arbitrariness.
115
3. Female prisoners and suspects should be
guarded by female guards or constables.
Obviously, they should be separated from
male wards. Interrogation of women should
be carried out in presence of women officials
there should be separate prisons for female
prisoners. Failing this, female wards should
be completely separated by a partition wall
from male prisoners. It is strongly felt that
there should be separate prisons for
adolescent convicts.
4. No doubt, it is very much necessary for
separation of juveniles convicts prisons.
Although we have some separate juvenile
prisons. But those are not enough for the
increased number of juvenile convicts.
Correctional programme for juvenile
convicts should be modified. Realistic
attempt should be taken for the natural
flourishement of juvenile convicts.
5. Open prison system can change our
existing prison Administration. We know
that we have some limitation to implement
the concept of open prison system.
116
Government should take primary steps in
this regard and make a good plan to
implement it gradually.
6. As prison is a correctional centre in the
modern senses, so every party relating to
prison should be very sincere about their
duties. Better monitoring of the performance
of prison staff should be undertaken in order
to remove anomalies existing in Prison
administration.
7. All prisoners under sentence should be
required to work subject to their physical
and mental fitness as determined medically.
Work is not to be conceived as additional
punishment but as a means of furthering the
rehabilitation of the prisoners, their training
for work, the forming of better work habits,
and of preventing idleness and disorder.
8. All prisoners have rights to access in
proceedings of the Court. Prisoners should
also be allowed to send complaints against
prison officials directly to the Ministry of
117
Home Affairs, without censorship by jail
authorities.
9. The system of visits should be improved
so that it provides checks and balances on
the administration of prisons. Vulnerable
groups should be able to put forward their
grievances to visitors for redress. Visitors
should have free access to all classes of
prisoners, except political Prisoners.
10. The prison officers and staffs are not

well paid. The conditions for prison officers
and staff should be improved. Since prison
officers are working under difficult
circumstances they should be allowed better
scales of pay and allowances, at a par with
the police which can help to eradicate
corruption from prison.
11. For getting better service from the
prisons officers and staffs, Government
should establish prison staff training
academy.
118
12. The medical facility for the prisoners
should be increased. Hospital should be
established for all District jails. To improve
the medical administration of the prisons,
proper medical administration and
equipments are recommended.
13. There should be separated room for
different criminal prisoners. The room
should be separated considering the
criminals age, past record of criminality and
nature of his or her offence. The harden
criminals should be separated from the new
criminals.
14. I am completely agreed with the
Supreme Court of India that the prisoners
rights should be protected by the court by its
writ jurisdiction plus contempt power. To
make this jurisdiction viable, free legal
services to the prisoners programmes shall
be promoted through recognized legal aid
societies. The district bar shall keep a cell
for prisoners relief.
119
15. Vocational training facilities both for
males & females should be updated so that
they can find job opportunities upon release.
16. Government should take proper steps to
decrease the overcrowding problem in
prison by establishing prisons building,
increasing budget amount in prison system
and taking technical action for minimizing
of committing criminal offences from
society. Considering the nature of offences
and its grievousness, government can take
action for applying Alternative Dispute
Resolution (ADR) in such offences.
11.2 Conclusion
Prisoners are human being, so humanitarian
conduct towards them may help them to
reform themselves. But present prison
system is the main obstacle in the way of the
reformation of the prisoners. By providing
healthy environment, comfortable sleeping
conditions, providing proper vocational
training and education, providing healthy
120
and hygienic food we can help them to
rehabilite themselves in the society. To
modify the present prison system to
correctional centre Government agencies as
well as NGOs and civil society should come
ahead. No prisoners will be the subject of
any discrimination on the basis of race,
colure, sex, or different opinion. Juvenile
and women prisoners should be treated as
properly. By ensuring all of these we can get
a modern prison system which can uphold
the humanity.
121

Development of Prison Administration in Bangladesh

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Development of Prison Administration in Bangladesh

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Report on

National Statutes and International Rules

8.1 National Statues regarding Prison

The administration and management

Chapter one contains introductory

1.3 Problem of the study:

1.4 Purpose of the study:

1.5 Significance of this Study:

1.6 Background of the study

1.7 Objective of the Study

The objectives of this study are:

The sample frame of this study has

The organized and modern concept of

2.2.3 Prison in Nineteenth Century

2.3.2 The 2nd Jail Enquiry Committee

2.3.4 The 4th jail commission 1888:

2.3.5 The Acts 1894 based on the 1888:

2.3.6 The India jail committee 1919-20:

2.5 Bangladesh Period:

3.3 Types of Prisoners:

3.3.3 Criminal Prisoner

5.2 The Pennsylvania System:

5.3 The Auburn System:

Prisoners are the members of our society.

7.2.2 Health Rights Of Prisoners:

7.2.5 Complaints and Inspection:

National Statutes and International Rules

The Ministry of Home Affairs, through the

The prisons of Bangladesh have

Division Capacity Number of

Date : July 29, 2007

Overcrowding and prolonged

10.Corruption in Prison Department:

12.Recruitment and Training of Prison

The female inmates are very minimal in

Date : July 29, 2007

10. The prison officers and staffs are not

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