Prison overcrowding

While prisoners do not have complete constitutional rights, they are still entitled to the right to dignity. They are entitled to adequate living arrangements that are hygienic, including food, clothing and medical care. They are also entitled to the right to access rehabilitation services since the purpose of incarceration is to protect society and reduce recidivism. Unfortunately, the current state of Pakistani prisons makes protection of these rights almost impossible.

According to a prison data report for 2024, Pakistan’s prisons are operating at 152.2% capacity on average. The Supreme Court of Pakistan has recently directed courts across the country to be careful with bail applications and decide them with heightened sensitivity. The top court judgment notes that bail will be declined only in exceptional cases. The court has also emphasised on the need to swiftly deal with the pending cases, currently standing at a mammoth 2.2 million. This extremely serious backlog of cases further makes prison reforms difficult as incarcerated individuals are often stuck in the system for decades simply waiting for or undergoing trial. Under-trial prisoners make up about 73.41% of the total prison population in Pakistan.

Adding to the persistent problem of the backlog of cases and inadequate space in prisons, the country’s judicial system is known for over-incarcerating individuals, especially when it comes to drug-related offences, instead of instating a process that prioritises access to drug rehabilitation programmes. Around 2,000 juvenile offenders also make up the total residential population of prisons, and they face equally dire conditions as everyone else. Around 90% of these offenders are awaiting trials. Prisons are simply treated like chicken coops in this country, with no regard to reform or rehabilitation. Prisoners are a problem no one is willing to deal with.