A Study of the Situation of Female Prisoners (Under-trial) In Central Jail, Kotlakhpat, Lahore

INTRODUCTION

Crime has been defined variously as

“An anti act”

“A failure to the standard of contact deemed blinding by the rest of the community. “

“An act or omission forbidden by the law under pain of punishment” (Encyclopedia Britannica 2003)

Crime impairs the overall performance of nation, undermines people’s spiritual and material well-being, compromises human dignity and creates a climate of fear and violence that erodes the quality of life.  (The 7th U.N. Congress 1995)

A criminal is a person who has violated or attempted to violate a law that carries a specific penalty for the illegal conduct. The violation itself is of course called a crime or an offence. The distinction involves the conduct as well as the age of the individual.  (Roganowiez, 1972)

The criminal law, in a variety of subtle but unmistaken ways, would effect the functioning of personalities of members of a society, and act as a social force and educational instruction for imprisonment of certain legal dictates. (Block and Gies, 1970)

It is known fact that social phenomenon, good or bad, is the outcome of functioning of society. Social values, traditions and rituals do contribute in shaping that phenomenon. As it is often said that societies can be known by the crimes they keep; crime in Pakistan has a peculiarity of its own because of the socio-cultural conditions prevailing in the country. Most of the crimes against persons are murders and hurts committed by otherwise normal citizens on account of interpersonal conflicts and social value pressures.(Tariq and Durrani, 1980)

Female convicts are socially neglected and culturally rejected. The kiths and kinsof most of them do not come to see them in prison for months. Even no one is serious to post their bail from jails, although courts want them to be released.(Olakh, 1999)

jails are over crowded and lacking in basic facilities like toilets, clean drinking water, clean bedding, education. Exposed to the harsh and exploitative environment of our jails – Many prisoners are kept with adult. These young ones have scant opportunity for becoming useful citizens after coming out of prison.

Persons also vary according to the regions in which they lived, and the experiences, which they have. These conditions give the prison environment a changing or dynamic character. In spite of these dynamic characteristics, however, the controls which guide the conduct of the prisoners, and the behavior of the officials has changed little from year to year. (Clemmer, 1958)

Research is always needed to find out the exact nature and causes of female crime. Criminal tendencies in one woman may affect the entire family. As it is that mother is the first teacher of child. Wrong lesson at primary stages may lead the child towards understandable behavior. To save the society from psychological social and economic progression and to lessen the possibility of producing criminal children, it would also suggest better measures of prevention and control of female criminality along with recommendations to improve the plight of female convicts in various prisons of the country.(Tariq, 1981)

STATEMENT OF THE PROBLEM

“A STUDY OF THE SITUATION OF FEMALE PRISONERS (UNDERTRIAL) IN CENTRAL JAIL, KTLAKHPAT, LAHORE”

OPERATIONAL DEFINITIONS

For the purpose of present study, various terms were defined operationally, as given below,

CRIME

Commission of act usually deemed socially harmful and dangerous and specifically defined, prohibited and punishable under the law. (Britannica Encyclopedia)

PRISON

Prison mean any place used permanently or temporarily under the general of special orders of the provincial Govt. for the detention of prisoners and included all land and building appurtenant there, but does not include place for the confinement of prisoners who are exclusively in the custody of the police and any place specially appointed by Govt. under section 541 of criminal procedure 1898.(Pakistan Prison Rule 1989)

FEMALE PRISONERS

All young girls, adult, aged females, having under trail cases captured by belligerent power in female section of central jail in Kotlakhpat.

UNDER TRIAL PRISONERS

Those prisoners, who have to spend the period in jail while their case, is under consideration.

UNIVERSE

“In social research, universe universe is the area of study where ther investigation is conducted” (Thomas)

There are two types of universe, as given below,

Geographical Universe

The geographical universe of this study was female section of central jail, Kotlakhpat, Lahore.

Human Universe

Human universe of this study was female under trail prisoners, not including convicted and prisoners involved in clearance cases. 

OBJECTIVES OF THE RESEARCH

  1. To study the personal profile of female prisoners and the reasons of committing crime
  2. To study physical living condition of female prisoner in jail
  3. To understand the psychological condition of female prisoners
  4. To study the female prisoners’ awareness about the utilization of their legal rights

LITERATURE REVIEW

“While growing up in South Asia is a perpetual struggle, to be a non –person. Women bear the greatest burden of human bear the greatest burden of human deprivation in South Asia.” (Mehboob ul haq.2000)

The problems faced by the South Asian in particular fields respectively, in the economy, in there legal system, in education, in health and in Government, underlying the inequalities faced by women in all those areas is one fundamental dilemma.

Total estimated population in Pakistan was 138 million and 66 million females in 2000 and female literacy rate was 25% as a percentage of total female population, female’s share in the economic activity rate as percentage of male in 1997 was 40.3, female life expectancy was 62.59 in 1997. Excluding South Asia, the ratio of females to males in the world is 106 to 100, in South Asia, it is only 94 to 100, a discrepancy suggest in that 79 million women are simply missing——- never born or dying of chronic malnutrition, or never receiving medical care. Similarly, the ingrained preference for boys ensures that girls don’t have same access to education and don’t receive the same level of nutrition. Because legislation has codified male privilege, women remain unable to gain equal access to inheritance or property and face other restrictions——- from Purdah to so-called honor killings——– cultural and religious practices is enshrined in legal codes, measures which discriminate against women are normalized in the legal sphere. (Mehboob ul Haq. 2000)

Some is the situation of females with regard to crime and criminality. Crime and criminals are threatening the world more seriously than any human disaster caused by epidemic or century or any type of welfare against humanity. Crime is a very much on the rise every moment in all, its dangerous, violent, heinous, cruel and merciless and barbarous forms. The crime rate in the entire world is hand in hand with population explosion and on alarming increase.

There are no of definitions of crime in any criminal justice law ofPakistan. Each act specifies what act is omission or commission or violation of the law.

A simple definition of crime is given by Reckless, (1996) that “crime is the omission of an act forbidden by law.”

If we resort to Islamic teachings and rules than Allah almighty commands in the holy Quran who revealed the law (to mosses); there in was guidance and light. By its standard have been judged by the Jews by the prophet who bowed (as in Islam)to Allah’s will by the rabbis and the doctor of law:foreto them was entrusted protection of Allah’s bath and they was witness theirto:there fore fear not men but fear me and sell not my signs for a miserable price. if any do fail to judge by(the light of )what Allah hath revealed they are no better than) unbelieveness.(Al Quran 5;44)

“And verily judgment and justice must indeed come to pass” (al Quran 5;6)

Islam attaches profound respect to the female in her capacity as mother , wife, daughter, sister and aunt .she is the of chastity, modesty, sympathy, love and affection.

“if woman who has husband and children who are not from her paternal relative or her people. that since he is on other try,there is no blood money against her about his crime,(Hadith 43,4b agreed on Bukhari)

The holy Quran has repeatedly has discussed perfect position of females in her roles in family. she is pilot of human civilization. Therefore, being centrifugal in acculturation. Socialization and motivation of next generation she gets the best attention under Islam in view of which she has not been described in any criminality in the historical events related by the holy Quran, expect that she may indulge in fornication or illegal sexuality due to circumstances compulsion of the new around. Female criminality through out the history of Islam has least mention. Women in Pakistanhave remained veiled with a “chador”(sheet) in char Dewar(protected house)with modesty and sanctity. But now female criminality is on the serious rise , every where ,posing, new threat to the humanity top be seriously faced in the 21st century due to increasing feminine activity in daily life affairs.(A.M.Aulokh1999)

Males or females no doubt, ca commit crime although females are traditionally believes to indulge in crime in less frequently, particularly in violent crime. Yet according to the law, both sexes are punishable at equal level on commission of a given crime. how ever , crimes differ in men and women not only in frequently but in nature and type also .crime rate among men is extremely higher than among women.

Sutherland and Cressy, (1970) observed “The crime rate for men is greatly in excess of the rate for women in all nations, all communities within a nation, all age groups all periods of history for which organized statistics are available and for all types of crimes except those peculiar to women, such as infanticide and abortion.”

Criminality of women is even more complicated, less understood, and is not subject to easy control. It is mainly because most of the females crimes are concealed and female’s offenders usually escape the law. The pervasiveness of the belief in the relative insignificance of female criminality is also responsible for the comparative lack of knowledge about female criminality. Smart (1987) remarks…. “This belief in the insignificance of the actions of women, the assumption that women are inessential and invisible is not peculiar to the domain of criminology or the sociology of deviance; on the contrary, it is a feature of all aspects of sociology and academic thought.”

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