Rida Tahir
February 9, 2025
DAWN
The writer is a barrister of Lincoln’s Inn and an advocate of the high courts of Pakistan.
THE global female prison population is growing at a faster rate than that of men. While women still represent a smaller percentage of the total prison population in most countries, at the global level, the number of incarcerated females has increased by 33 per cent, compared to a 25pc rise in the number of male prisoners.
Narcotics-related crimes are the primary reason for women’s imprisonment worldwide. Globally, 35pc of incarcerated women are imprisoned for narcotics-related offences, compared to 19pc men.
In Pakistan, there has been a 2.8pc increase in the female prison population, with 1,550 female inmates making up 1.5pc of the total prison population in 2024. Of the total, 73.41pc are under trial. Across Pakistan, 375 female prisoners have been detained under narcotics-related charges, according to the Narcotics Offences Factsheet 2025, released by Justice Project Pakistan.
Men are more likely to use drugs than women, making up over three-quarters of drug users worldwide, according to a 2024 UNODC report. However, women are increasingly being imprisoned for drug-related offences.
Women here remain unaware of their legal rights.
This is due to gender-based discrimination within the criminal justice system, which prevents women from achieving equal access to justice. Women are rarely involved in the main narcotics trade, and are often unsuspecting couriers. The arrest of women has a negligible effect on organised crime. Yet, they are easy targets for police.
Usually drug-related offences are considered ‘heinous’ offences, which are non-bailable. However, special provisions have been stipulated in the Code of Criminal Procedure regarding bail for women. Section 497(1) makes it easier for female offenders to obtain bail.
Women here remain unaware of their legal rights and are often economically disadvantaged and unable to afford legal representation. The state’s response has been ineffective in addressing the right to a fair trial and due process provided under Article 10A of the Constitution. For example, the Committee for the Welfare of Prisons established under Section 55 of the Sindh Prisons and Corrections Services Act, 2019, does not provide legal representation in ‘heinous offences’, which include narcotics-related offences. This leaves a significant gap in the protection of wrongfully accused individuals.
Missing gender diversity among criminal justice professionals plays a role in gender bias, stereotyping, stigma, and impunity. Women in the country hold fewer positions as police officers, prosecutors and judges in the justice system. Resultantly, the needs of the mostly male prisoners are given priority, even though the number of incarcerated women is increasing at a faster rate.
Moreover, women in prison have their own distinct challenges; for instance, separation from children, discrimination, violence, and limited access to drug treatment and rehab services. Gender roles lead to a strong stigma being attached to women in prisons. While wives usually support their husbands during and after imprisonment, women are more likely to be abandoned by their partners, families and community if they have spent time in jail.
The 2022 amendment to the Control of Narcotic Substances Act, 1997, removed the death penalty but still imposes harsh penalties that disproportionately affect women.
To counter gender-based discrimination against women in conflict with the law, a comprehensive range of targeted interventions is required to tackle the challenges they face at every stage of criminal justice in Pakistan. These efforts should align with the 2010 UN Bangkok Rules on the Treatment of Women Prisoners and Non-Custodial Sanctions for Women Offenders.
Further, those in the justice system should follow the national laws that provide special provisions to women and children, in line with Article 25(3) of the Constitution.
The state should promote gender-responsive and non-custodial measures to reduce the unnecessary imprisonment of women through legal reform, and capacity building training of the justice system actors. Bail, probation, and parole should be used as alternatives to imprisonment when appropriate.
In terms of legal aid, the Women in Distress and Detention Fund Act, 1996, was repealed by the Legal Aid and Justice Authority Act, 2020. However, LAJA has been ineffective in protecting the rights of women in detention. The provincial and federal governments must strengthen women’s access to free legal aid while focusing on social reintegration programmes.
Ultimately, the state should focus on preventing crime, tackle its underlying causes, and create effective rehab programmes that offer second chances, instead of depending on harsh prison sentences.
Published in Dawn, February 9th, 2025
THE global female prison population is growing at a faster rate than that of men. While women still represent a smaller percentage of the total prison population in most countries, at the global level, the number of incarcerated females has increased by 33 per cent, compared to a 25pc rise in the number of male prisoners.
Narcotics-related crimes are the primary reason for women’s imprisonment worldwide. Globally, 35pc of incarcerated women are imprisoned for narcotics-related offences, compared to 19pc men.
In Pakistan, there has been a 2.8pc increase in the female prison population, with 1,550 female inmates making up 1.5pc of the total prison population in 2024. Of the total, 73.41pc are under trial. Across Pakistan, 375 female prisoners have been detained under narcotics-related charges, according to the Narcotics Offences Factsheet 2025, released by Justice Project Pakistan.
Men are more likely to use drugs than women, making up over three-quarters of drug users worldwide, according to a 2024 UNODC report. However, women are increasingly being imprisoned for drug-related offences.
Women here remain unaware of their legal rights.
This is due to gender-based discrimination within the criminal justice system, which prevents women from achieving equal access to justice. Women are rarely involved in the main narcotics trade, and are often unsuspecting couriers. The arrest of women has a negligible effect on organised crime. Yet, they are easy targets for police.
Usually drug-related offences are considered ‘heinous’ offences, which are non-bailable. However, special provisions have been stipulated in the Code of Criminal Procedure regarding bail for women. Section 497(1) makes it easier for female offenders to obtain bail.
Women here remain unaware of their legal rights and are often economically disadvantaged and unable to afford legal representation. The state’s response has been ineffective in addressing the right to a fair trial and due process provided under Article 10A of the Constitution. For example, the Committee for the Welfare of Prisons established under Section 55 of the Sindh Prisons and Corrections Services Act, 2019, does not provide legal representation in ‘heinous offences’, which include narcotics-related offences. This leaves a significant gap in the protection of wrongfully accused individuals.
Missing gender diversity among criminal justice professionals plays a role in gender bias, stereotyping, stigma, and impunity. Women in the country hold fewer positions as police officers, prosecutors and judges in the justice system. Resultantly, the needs of the mostly male prisoners are given priority, even though the number of incarcerated women is increasing at a faster rate.
Moreover, women in prison have their own distinct challenges; for instance, separation from children, discrimination, violence, and limited access to drug treatment and rehab services. Gender roles lead to a strong stigma being attached to women in prisons. While wives usually support their husbands during and after imprisonment, women are more likely to be abandoned by their partners, families and community if they have spent time in jail.
The 2022 amendment to the Control of Narcotic Substances Act, 1997, removed the death penalty but still imposes harsh penalties that disproportionately affect women.
To counter gender-based discrimination against women in conflict with the law, a comprehensive range of targeted interventions is required to tackle the challenges they face at every stage of criminal justice in Pakistan. These efforts should align with the 2010 UN Bangkok Rules on the Treatment of Women Prisoners and Non-Custodial Sanctions for Women Offenders.
Further, those in the justice system should follow the national laws that provide special provisions to women and children, in line with Article 25(3) of the Constitution.
The state should promote gender-responsive and non-custodial measures to reduce the unnecessary imprisonment of women through legal reform, and capacity building training of the justice system actors. Bail, probation, and parole should be used as alternatives to imprisonment when appropriate.
In terms of legal aid, the Women in Distress and Detention Fund Act, 1996, was repealed by the Legal Aid and Justice Authority Act, 2020. However, LAJA has been ineffective in protecting the rights of women in detention. The provincial and federal governments must strengthen women’s access to free legal aid while focusing on social reintegration programmes.
Ultimately, the state should focus on preventing crime, tackle its underlying causes, and create effective rehab programmes that offer second chances, instead of depending on harsh prison sentences.
Published in Dawn, February 9th, 2025
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