During the earthquakes, three of the prisons—those in Sindhupalchowk, Ramechhap and Dolakha—were completely destroyed while 34 others were badly damaged. Altogether 16 prisoners were killed and 93 others injured when a section of the Central jail in Kathmandu collapsed. Of the 216 prisoners in Sindhupalchowk jail, 213 absconded when the jail collapsed. Three prisoners from the Central prison and one from Dillibazar prison also absconded.Most of our jails were built during the 104 years of Rana rule that ended in 1951. The Central jail, established in 1914, was the first such institution in Nepal. As physical structures of prisons were in most vulnerable condition, it was long anticipated that they would collapse in the event of a big earthquake. But no attention was given for construction of new jails. Life of many prisoners could have been saved if they had been transferred to new jails on time.
Of Nepal's 75 districts, there are 74 prisons in 72 districts. Besides, there are two child correction centers for juveniles. The jails house people like criminals, children of prisoners, political figures and women indulging in abortion and other crimes. There is no separate prison for women. Men and women jailbirds reside in same prison, though in separate blocks. The Central jail is the only exception where there is a separate compound for female jailbirds.
The jails in Nepal are overcrowded. Against their capacity to accommodate 10,000 inmates, over 17,000 inmates are being forced to stay there. In many jails, the number of inmates is over twice their capacity.
The living conditions and detention facilities of our jails are far from satisfactory. Safety standards are awful. Studies carried out on Nepal's prisons show that many jailbirds suffer from serious psychological and physical health problems like anxiety, post-traumatic stress, fungal infections and a host of communicable diseases. Besides, court hearings are delayed and so legal rights are denied in many cases.
It does not mean those in government are unaware of the situation. In fact, many politicians who are in the government were in jails at some point. But once they were out, they cared little about improving living conditions of jailbirds. No effort was made to provide skills to inmates and improve their living conditions. Our jails are akin to torture houses.
In view of the threat to the life of prisoners from the damaged structures following the earthquakes, close relatives of prisoners demanded relocation to safer places. They also asked for general amnesty for inmates. Soon after, rights activists echoed their voice.
Understanding the gravity of the situation, the government made recommendations to grant amnesty to 541 jailbirds who had already served 50 percent of their jail time and were jailed for activities not included in the category of heinous crimes like murder, rape, kidnapping, human trafficking and drug smuggling. Accordingly, the President of Nepal granted amnesty to 541 inmates from different jails in Nepal on the eve of the country's Republic Day. Such a move is a welcome development.
Nevertheless, the number of jailbirds needs to be cut drastically in order to reduce overcrowding in jails. Other jailbirds should be transferred to more secure facilities. But there is no news of concrete steps in this direction.
Also, least effort has been made by government bodies to secure the release of genuine prisoners from foreign jails. It is doubtful if the government has good information about the actual number of Nepalis languishing in foreign jails. In a welfare state, the government is responsible for securing the release of jailbirds in foreign countries.
A civilized society is judged not by its attitude towards the better-off citizens but by its treatment of the most disadvantaged citizens like those living in jails. But the Nepali state has failed to do so. This is a reason for the untimely killings, injuries and sufferings of prisoners during the recent earthquakes. In fact, casualties were more due to dilapidated jails rather than earthquakes.
Though too, there should not be any further delay in transferring existing jailbirds from dilapidated jails to safer places. Also, all possible effort should be made to upgrade infrastructure of prisons by constructing new earthquake-resistant jails. Equally important is the issue of converting jails into reform houses by introducing 'open prison system'. Also, the court hearings need to be sped up. We also expect more from our government when it comes to securing the release of Nepali inmates from foreign jails.
The author is Executive Director of Centre for Economic and Technical Studies
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