one is detrimental to mental health. These are long lasting effects that do not
disappear easily, even when prisoners have served time and leave prison.
The criminal justice system casts a wider shadow than most people realise. He
mentioned that he had elaborated about effects of imprisonment and retributive
justice system on individual prisoners, but what happens to the family of prisoners
and their loved ones such as children whose parents are incarcerated? They will face
a disruptive family life and must cope and to survive in different care systems. The
immediate impact on them can include social stigma, shame, and loss of financial
support. Even juvenile delinquency which can be seen as short-term concerns and
will impact the ability of the children to adapt in society when they group up. The
purpose of one being sent to prison is to punish their crime, but we must not forget
that we are also punishing their family and their family have done nothing to deserve
the punishment. Punishment impairs the development of ab offender’s spouse and
children. This becomes a vicious cycle that our country surely cab do without.
E. Moving Forward
Mr. Kalidas continued his elaboration that the truth is not dire as it seems. In fact,
based on the 12th Malaysian Plan, the government has agreed to look into enhancing
the management and operations of prisons and to develop a holistic plan to improve
detention centres, as well as rehabilitation and correctional programs.
The government has been very receptive to suggestions from the Bar Council. In
October 2020, during the surge of the pandemic, the Department of Prison, Malaysia
had announced that it will grant inmates release on licence to further prevent the
spread of COVID-19 infections and to reduce overcrowding in prisons. Those who
were released were minor offenders who were sentenced to less than one year
imprisonment, with less than three months left to serve their sentence. Those who
were guilty under Section 15(1) of the Dangerous Drugs Act 1952, which was for the
offence of self-administration of drugs were transferred to the National Service
training camps. These actions show recognition that offenders are deserving of their
human rights.
Mr. Kalidas proposed alternative measures in countering overcrowding and ensuring
human rights in prisons such as below:
• Electronic tracking and surveillance.
• Preparing separate housing facilities for example serious offenders are
separated from the non-serious ones.
• Increasing the use of restorative justice towards inmates wherever possible.
• Justice is blind in sentencing – where all are equals in the eyes of law.
Mr. Kalidas highlighted that true justice is not blind to alternative measures. If we do
not reform, then we will be overlined with artificial intelligence. We must disperse
justice as a society and compassion in sentencing is important. Prisoners should be
afforded dignity and kindness just like everyone else.
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