slope that can easily morph into revenge. Dealing out an eye for an eye can only make
the world go blind as observed by Mahatma Gandhi.
Mr. Kalidas views that prison and long sentences does relatively little to deter others
because there are many crimes that are not carefully planned. Criminals pay a lot
more attention to their likelihood of being caught, rather than what will happen after
they are caught. If the primary objective of imprisonment is to ensure that offenders
desist from future crime, there is no evidence that it is more effective than
community-based alternative punishments.
Increased number of police and tougher sentencing are common initiatives as these
are ways to satisfy public’s thirst for justice whenever crime is committed. In
Malaysia, there is a widespread adoption of minimum mandatory sentences, often
for drug offences. There also very long and excessive sentences for those with history
of violence and criminal convictions, and even mandatory death penalties for certain
kinds of offences. But are such moves truly the right way to move forward? Mr.
Kalidas presented his opinion that the current landscape of punishment is the way it
is due to the criminalisation of social problems. There are many individuals who are
serving time that have histories of substance abuse and untreated mental disorders.
Punishment is less of a response to their anti-social behaviour – it is more of using
authority to manage vulnerable and disadvantaged people who often have fewer
constructive options in life. According to Mr. Kalidas quoting Aristotle, poverty is the
pattern of revolution and crime. In many instances in life, income inequality and
poverty are the main drivers of crime. He admitted that this is not the case for every
criminal matter since there are certainly individuals out there who choose to be a
menace to society and inflict harm on the innocence.75
D. Human Rights Challenges in Prison
Mr. Kalidas shared his experience meeting with prisoners in the prison on a regular
basis. Based on his conversation with prisoners, he despaired about the magnitude
of the problems that they face on daily basis. He had met a young woman who had
gotten involved in drugs in her early 20s at the precipice of her adulthood. However,
after spending a year behind bars, she had changed immensely. In prison, one must
become tough and extra alert to survive. The young woman who was an optimistic
person, naive and full of life became withdrawn and hyper-vigilant. When he met her
few years ago, he noticed that there was an edge to her that had not previously
existed before she went into prison. The woman was imprisoned for a year on remand
but what about those who had been in prison for years or decades? How would one
recover and progress healthily after such a severe condition?
Violence is another equally troubling prospect of prisons. While many people would
assume that prison prevents violence, at least temporarily by keeping offenders away
from the street, many people are not aware about violence that takes place in
prisons. Having violence inflicted upon one or even observing violence unfold before
75
Mr. Kalidas explained that prison conditions are not only disadvantages for offenders to reintegrate into the
society after the incarceration, but it is also potentially damaging to the psyche and mental health of the
offenders.
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