It was reported this week that the number of inmates detained in prisons throughout the island has exceeded capacity by over 100%. According to the Prisons Department, this congestion is a result of a rapid growth in the number of inmates who were sent to prison for various charges since January of this year (2023). It added that the number of inmates that can be detained in all the prisons is limited to 13,241, although at present, nearly 29,000 inmates, including around 19,000 suspects and 10,000 convicts, are detained in these prisons.

While congestion within prisons is not a new topic, the issue of prison overcrowding has reached a critical juncture due to economic and social changes, demanding greater attention compared to before. On the one hand, the increasing prison population is a burden that the country cannot bear and one that should not be placed on taxpaying citizens. On the other hand, this is a matter that goes beyond maintenance costs, as prison congestion could easily become a breeding ground for clashes, illegal activities within prisons, and health and hygiene-related issues, including mental health-related ones, the management of which would entail more public funds.

With the economic crisis further exacerbating the burden of the increasing prison population, it is evident that Sri Lanka’s approaches to addressing this issue must expand and evolve accordingly. Successive Governments and authorities have tried to alleviate this issue through measures such as pardoning inmates on important days such as Independence Day. However, the fact that the prison population has soared to an almost unmanageable situation is a sign that innovative or more effective measures are a need of the hour. Most importantly, Sri Lanka needs to understand that imprisoning convicts is not the only way to punish them for the offences they have committed.

One step that the authorities could take is to increase the number of offenders who receive special pardons or early releases. At present, these are based on factors such as good behaviour, the nature of the offence for which one was convicted, and the time served in prison. To release more inmates whom the authorities deem non-threatening to society before completing their jail terms, the existing criteria may not require modification, but there is an option to expand or relax them. 

Earlier, it was reported that the Prisons Department was planning to implement a five-year prison reform programme, under which steps were to be taken to reduce prison congestion through various measures, including the house arrest system. A proposal had also been presented to the Justice and Prisons Affairs Ministry concerning formulating a programme to place individuals who are remanded in custody for minor offences under house arrest instead of incarceration. While the status of these proposals remains unknown, if implemented in accordance with a transparent and strictly regulated system, the country would be able to benefit from it as well.

Sri Lanka should look at alternative forms of punishing offenders. One option is promoting the concept of community service sentencing, where offenders perform some sort of public service in exchange for a reduced jail term or instead of a jail term. While the number of offenders who could be given this opportunity may be limited, as this is meant for those who have committed minor offences, this would not only contribute to a certain extent to the reduction of the prison population, it would also be a service for the general society.

In addition to reducing the existing congestion in prisons, the country should recognise the importance of reducing recidivism. The role of the prison system is currently perceived by many as an institution set up to punish offenders, although the prison system should ideally have another role of acting as rehabilitating, correctional institutions. Sri Lanka has discussed, on numerous occasions, that improving existing rehabilitation services is a pressing need, although what actions have been taken remains unknown. 

This is perhaps the time to pay more serious attention to reducing the imprisonment of repeat offenders. In addition to effective rehabilitation, there also needs to be a proper system that addresses socio-economic or other factors that make a released offender engage in illegal activities despite the risk of being imprisoned again. For those who cannot be released early or are directed to alternative, less rigorous forms of punishment, or must serve the full sentence due to the nature of their offences, rehabilitation and vocational training should be a must. Although they will continue to be a part of the prison system, upon the completion of their jail term, they will at least leave the prison as changed men with the knowledge and skills to make a living. 

Some of these steps already do exist within the prison system. However, as part of the ongoing reform processes, they need to be improved and promoted to the extent that they help reduce the prison population. Sri Lanka should consider the resources that these measures require as an investment because the reduction in crimes can support the country’s economy in a large number of ways.