Historic changes to Punjab’s prison laws to enhance rights, accountability

LAHORE: The Punjab Home Department has drafted amendments to the century-old Prisons Act 1894 and Prisons Act 1900, marking a significant step towards reforming the province’s prison system.

These amendments seek to address longstanding issues in prisoner rights and operational challenges faced by the Punjab Prisons Department.

The reforms are poised to streamline administrative functions, update outdated legal provisions and provide a framework for improved accountability.

The proposed changes to the Prisons Act 1894 are expected to modernise the structure of the department by renaming the post of Director Prisons to IG Prisons and elevating the rank of Jailer to Deputy Superintendent of Prisons. Additionally, the amendments will officially recognise the role of the Deputy Inspector General (DIG) of Prisons, a post that was previously unmentioned in the original law. These adjustments are necessary to reflect the current organisational structure and ensure that legal ambiguities are cleared up.

Currently, the Prisons Act 1894 grants the provincial government the authority to transfer prisoners between facilities, but the decision-making process must be opaque. Under the proposed amendments, the amendments will clarify the process for transferring prisoners, specifying the roles of IG Prisons and Home Secretary, with the provincial government’s cabinet providing final oversight. This change follows a 2016 Supreme Court ruling that clarified the role of the provincial government in such matters.

Another key reform is the overhaul of the Prisons Act 1900, which historically has denied prisoners the right to appeal punitive decisions made by the Superintendent of Prisons. Under the proposed amendment, a prisoner can now appeal such decisions to higher authorities, including the DIG, IG and Home Secretary. This will offer prisoners much-needed recourse and ensure greater transparency and fairness in prison disciplinary procedures. For the first time, a prisoner’s lawyer will be able to cross-examine the Superintendent of Prisons, making the disciplinary process more accountable and less prone to abuse.

These reforms will offer vital recourse for inmates, ensuring better oversight of disciplinary actions and enhancing their legal protections. The amendments are a major step in the ongoing effort to improve the criminal justice system in Punjab.