6.5 Efforts of Nepalese Prison Reform

1. The statutory frame: the Prison Act 2019 B.S. and Regulations 2020 B.S. (classification, diet, health, labour, discipline, release-licence roots), now read with the Criminal Offences (Sentencing and Execution) Act 2074 (sentencing's execution, probation, parole, community service, open custody). 2. The judicial drive: the Supreme Court's prisoners'-rights line — Jung Bahadur Singh vs. Office of PM and Council of Ministers and others, Writ No. 2066/1222, NKP 2068 B.S., Vol. 6, p. 986, D.N. 8631, Subject: Sexual rights of the prisoners — the Court held that imprisonment does not suspend fundamental rights: legally married prisoners retain the right to reproduction/family life, and the Government was ordered to form a committee, prepare legislation and policy, and gradually implement a conjugal (family) visit system with security safeguards. Its companion, Prakash Mani Sharma vs. Council of Ministers and others, NKP 2065 B.S., Vol. 4, D.N. 7952, Subject: Sexual rights of the women prisoners — the PIL (Pro Public) for pregnant women prisoners: the challenge to the Prison Act 2019's differentiated release provision was rejected (classification by offence-gravity held a reasonable classification not violating equality), the decision standing in the line that pressed the state toward welfare standards for imprisoned mothers and children. 3. The welfare layer: skill-training and education programmes inside prisons, health camps, the childcare corners for mothers, NGO and bar-association legal aid,…