Pakistan’s criminal justice system, notorious for its excessive reliance on pre-trial detention, has pushed the nation’s prisons far beyond their intended capacities. With facilities operating at 152.2 percent of their designed limit, overcrowding has become an epidemic, creating deplorable conditions for inmates across the country. Despite judicial rulings condemning the inhumane treatment of prisoners, meaningful reforms remain elusive, leaving a system marred by abuse, neglect, and inefficiency.

A critical yet frequently overlooked facet of Pakistan’s shattered criminal justice apparatus lies in the appalling state of its penitentiaries and the dismal treatment meted out to those confined within. This grim reality was thrust into the spotlight by a recent session of a three-judge Supreme Court bench, which examined the review plea of a convict facing capital punishment. The prisoner, having endured 24 years in a death row cell, argued that since he had already served what equated to a life sentence, his death penalty should be converted to life imprisonment.

In agreeing with the petition, Justice Jamal Khan Mandokhel aptly remarked that “inmates on death row are not only stripped of their constitutional entitlements, but they also languish under incessant psychological torment.” He drew attention to the harrowing reality of death row prisoners, confined to solitary quarters under relentless observation, in cells barely measuring 9 by 12 feet. Worse still, multiple prisoners on death row are expected to share a single, rudimentary lavatory, further infringing upon their already diminished dignity and privacy.

Beyond these indignities, a significant legal oversight has long remained: protracted imprisonment, extending to or surpassing the duration of life incarceration as stipulated under Section 302(b) of the Pakistan Penal Code, is in itself a violation. Yet, this critical legal provision is habitually disregarded, resulting in numerous death row inmates languishing for years or even decades in soul-crushing conditions, exacerbated by a sluggish judiciary that consistently fails to expedite their appeals.

The ambiguous timeline for their execution only amplifies the unbearable anxiety and psychological anguish, not just for the condemned, but for their kin as well. The psychological toll of living under the shadow of uncertain death becomes a prolonged nightmare for all involved.

While the Supreme Court bench has rightfully condemned the appalling treatment of death row inmates and called for legislative reforms at both federal and provincial tiers to alleviate their plight, it is crucial to remember that the general prison populace in Pakistan hardly fares any better. Their fundamental rights are equally disregarded, and their living conditions frequently fail to meet even the most basic constitutional benchmarks.

Human rights organizations have long flagged one of the most pressing concerns afflicting Pakistan’s prison system—severe overcrowding. As reported by Justice Project Pakistan in October 2023, the country’s 127 jails housed approximately 100,366 inmates, with an overwhelming 73 percent still awaiting trial, a testament to the glaring inefficiencies in the legal process.

The criminal justice system’s rampant reliance on pre-trial detention, even for trivial offenses, has led to Pakistan’s prisons functioning at an alarming 152.2 percent of their designed capacity, triggering severe overcrowding throughout the country’s detention centers.

It’s important to recall that as early as 2020, the Islamabad High Court had declared that incarceration in overcrowded and unsanitary conditions amounted to “cruel and inhuman treatment,” for which the state must be held accountable. Yet, despite this judicial acknowledgement, tangible reforms have yet to materialize, leaving the door open to recurring instances of physical abuse by prison officials and widespread neglect of prisoners’ healthcare needs.

In recent years, there has been some momentum from federal and provincial lawmakers aimed at reforming the penal system. However, the pace of progress remains excruciatingly slow. A case in point is the Torture and Custodial Death Act, enacted in 2022, which criminalizes torture and deaths occurring under custody. Despite this legal milestone, no convictions have been secured under this law to date.

The real solution lies in transforming Pakistan’s prisons from overcrowded centers of punishment and neglect into rehabilitative spaces that emphasize education, skill-building, and societal reintegration. Until significant reforms are implemented at both federal and provincial levels, the appalling conditions within these institutions and the frequent violations of basic human rights will continue to erode the credibility of the justice system at its core.

To restore integrity to Pakistan’s criminal justice system, a radical shift is needed in how the country approaches incarceration. Prisons must evolve from punitive holding cells into reformative environments that focus on rehabilitation and reintegration. Without bold legislative reforms and immediate action on the ground, the inhumane conditions inside these overcrowded institutions will continue to perpetuate a cycle of injustice, undermining the very foundations of a fair and equitable society.