It seemed that every one of the officials thought that I was fair game for lewd comments, brushing their bodies against mine and touching me inappropriately. It was hell,” a woman prisoner in Pakistan told the Human Rights Watch. There is no denying that women in prisons are vulnerable to sexual violence and abuse.

Thousands of citizens have been arrested over the last few weeks. On May 28, the interior minister held a press conference. He said the intelligence agencies had intercepted a call suggesting that an elaborate conspiracy was being hatched against the government and the law enforcement agencies. A part of this plan, according to the interior minister, was a false rape allegation attributing blame to the law enforcement agencies.

If a victim in a prison or otherwise now accused a law enforcement officer of rape, it seemed, the first response would be that the government had already informed us that such allegations were to be expected. This is an unfortunate development in a country where a lot of sexual violence already goes unreported.

“Abuse of juveniles and women by prison authorities and inmates has been widely alleged and reported by entities that have carried out credible research,” notes a judgment authored by Justice Athar Minallah, in a case originating from applications by incarcerated prisoners. Per Justice Minallah, “these proceedings have highlighted the shockingly abysmal conditions in prisons.”

Conditions in Pakistani prisons are known to be bad. Many women prisoners have complained of harassment. The fact that many women in prison are ostracised by their families, raises the risk of abuse. Adequate medical care and attention is frequently missing. Is this due to a lack of laws or a failure to enforce them? In the end, all the laws in the world are meaningless if the state does not enforce those.

The Pakistan Prison Rules 1978 set out minimum standards for treating people while they are in the custody of prison authorities. The Rules state that women prisoners shall be secluded from male prisoners; a male officer of the prison can only enter women prisons if accompanied by a woman warder during the time he remains inside; and women prisoners shall be searched only by a woman warder. Women are also entitled to adequate bedding, clothes and amenities.

In 2020, it was reported that sixty six percent of women in prison had not been convicted and were awaiting trial. It is a travesty of justice that a majority of women are being subjected to inhumane conditions in custody despite not having been convicted of any crime. 

The Rules require medical cover and treatment to be provided to all prisoners. The courts in Pakistan have held that the status of a prisoner is similar to that of a ward of the state because they are in its legal custody, and because they are at the mercy of the state for safeguarding their medical needs. The courts have held that neglecting a prisoner’s medical requirements is tantamount to a violation of the right to life guaranteed under the constitution. The enforcement of the Rules, however, has been weak. They are breached as a matter of routine and there are little consequences in cases of breach. A failure to enforce laws amounts to an invitation to violate those.

Not all Pakistani laws are entirely compliant with international standards such as the United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders. In 2020, a committee chaired by Dr Shireen Mazari found that there were significant gaps in the law when compared with international standards. For instance, the United Nations Rules expressly provide that non-custodial alternatives should be preferred where women are
pregnant or have sole child caring responsibilities.

Pakistan also has certain obligations under international law. Article 10(1) of the International Covenant on Civil and Political Rights (which Pakistan has ratified) states “all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.” While a court trial starts with a presumption of innocence, trial by social media starts with a presumption of guilt. Being in prison does not mean you cease to be a human being worthy of rights. It certainly does not mean that the state has a free hand and can shove all the laws and the Rules to the side.

In 2020, it was reported that 66 percent of the women in prison had not been convicted and were awaiting trial. It is a travesty of justice that a majority of women are being held in custody despite not having been convicted of any crime. These are real people, potentially innocent people. These may be people who have had their lives shattered through the deprivation of liberty. There have been many cases of people spending decades in prisons awaiting trial only to be vindicated close to the end of their lives.

The broken state of the criminal justice system is contributing to injustice.

The writer is a barrister. She tweets @RidaHosain