PRISONER RIGHTS IN PAKISTAN: LEGAL GUARANTEES, IMPLEMENTATION GAPS, AND STRUCTURAL CHALLENGES:

Abstract

The right to health and human dignity of prisoners constitutes a core obligation of the state under international human rights law and the Constitution of Pakistan, 1973. Despite a robust normative framework comprising constitutional provisions, colonial-era prison statutes, and ratified international treaties, empirical evidence indicates systemic violations of prisoner rights in Pakistan. This article examines the legal architecture governing prisoner rights, with specific emphasis on the right to health, and evaluates implementation failures through doctrinal and socio-legal analysis. Drawing upon constitutional jurisprudence, statutory rules, Human Rights Commission of Pakistan reports, and UN treaty body observations, the study identifies overcrowding, deficient healthcare infrastructure, prolonged under-trial detention, and absence of independent oversight as primary challenges. The article concludes that Pakistan’s prison system suffers from a “law-practice gap” and recommends delinking prison healthcare from prison administration, criminalizing custodial torture, and institutionalizing independent monitoring to align practice with constitutional and international standards.