KATHMANDU, SEPTEMBER 8
The Prison Bill passed by both Houses of the Federal Parliament has authorised the jail administrator to develop and enforce the code of ethics to be observed by staffers, security personnel, and inmates.
The Bill was endorsed by the National Assembly yesterday. As per Section 54 of the Bill, a jailer may put in place the code of ethics to maintain law and order, security, and discipline in a prison. "Anyone who violates the code of ethics shall be liable to imprisonment for a term not exceeding three months or a fine up to Rs 5,000," it says. A person not satisfied with the jail sentence or fine imposed on him/her may move the concerned district court within 35 days of such a decision.
The Bill also stipulates a provision requiring at least one woman cop while deploying a police team to ensure the security of women inmates. A jailer may request the concerned provincial government or district administration office to deploy necessary police staffers for prison security.
"If a person is sent to jail by a court, the prison administration shall have to conduct his/her health checkup prior to acceptance and maintain records of the inmate," it reads.
Similarly, the Bill requires the government to establish a hospital on the premises of a prison with the capacity to accommodate more than 1,500 jailbirds, and a health post on the premises of a prison having 500 to 1,500 jailbirds, according to the Bill.
If the hospital or health post cannot be established for any reason, the concerned prison administration shall coordinate with the nearest health facility for health check-up and medical care of prisoners.
Majority of Nepalis and foreigners doing time in jails suffer from higher rate of illness compared to the general population due to congestion. As many as 74 jails with the capacity to accommodate around 17,000 people have been crammed with more than 24,000 prisoners, according to the Department of Prison Management. The Bill requires the prison administration to accommodate female and male prisoners in separate buildings.
According to the Bill, there should be separate buildings for female and male jailbirds in each prison. If it is not possible to arrange separate buildings for female and male jailbirds, they may be confined on separate floors of the same building. Also, there should be arrangement of separate toilet and bathroom facilities for female and male jailbirds.
As per the Bill, the attorney general or an officer designated by him/her will have to inspect prisons every year to ascertain whether the inmates have been allowed to meet their lawyer and kin, have enjoyed facilities prescribed by the law and have been treated humanely.
A version of this article appears in the print on September 9, 2022 of The Himalayan Times.
