Photo Source: DOPM
The government has introduced new prison regulations allowing prisoners to live with their spouses for a specified period to ensure their reproductive rights.
According to the new prison regulations implemented since mid-July, any prisoner wishing to live with their spouse must be transferred to Doti district prison, where the arrangements exist.
While Doti prison has prepared special rooms for husband and wife cohabitation, the Prison Management Department confirmed that such facilities are not yet available in the other 74 prisons across Nepal.
What Are the Provisions of the New Rule?
The 2020 Prison Regulations have been revised and published in the Nepal Gazette on July 16, providing ease of reproductive rights to prisoners of specified age groups and conditions.
Rule 26 allows prisoners to submit requests for reproductive rights accompanied by a doctor’s recommendation. The prison administration is mandated to arrange separate rooms where married couples can stay together for a defined period to protect their reproductive rights.
However, not all married prisoners will find it easy to access this facility.
The rule sets four conditions for couples wishing to live together in prison:
- The marriage must be legally registered.
- If the female prisoner is involved, she must be at least 40 years old upon release.
- If the male prisoner is involved, his wife must be at least 40 years old upon release.
- The couple must not have two or more children.
The Prison Management Department has yet to decide the exact duration couples may be allowed to cohabit. Director Chomendra Nyaupane explained that the age limit was set based on the female reproductive age.
According to the ‘Fertility in Nepal’ report published by the Central Bureau of Statistics in 2021, the fertility rate for women aged 35 to 39 dropped from 66 per thousand in 2001 to approximately 17 per thousand in 2021, a decrease of about 58.53%.
Numerous studies have also shown that women over 40 may face health complications during pregnancy.
“The age restriction was set to 40 because women’s fertility declines after that age,” Director Nyaupane said.
Must Prisoners Move to Doti to Live with Their Spouses?
Photo Source: RSS
According to the Prison Management Department, at present, only Doti district prison has the infrastructure to allocate separate rooms for couples.
“Since this is a new initiative, many prisons currently lack such rooms. Also, the inmate population in many prisons exceeds their capacity, requiring phased physical infrastructure improvements and reorientation,” said Director Nyaupane, who is also the department spokesperson.
While the regulations are recent, the Jail Management Act had provisions to offer such facilities for some time.
The department stated that the separate room at Doti prison was built during the drafting of the regulations.
“One room has been completed in Doti, and similar facilities are being gradually constructed in other prisons,” Nyaupane added.
According to the department’s latest data, only 74 prisoners are currently housed at Doti prison.
The department has instructed that prisons with infrastructure should build such separate rooms, and where none exist, appropriate spaces should be allocated.
Nyaupane said there are plans to transfer prisoners who have applied for reproductive rights to prisons with these facilities.
“Prisoners can be transferred from prisons without facilities to those with facilities,” Nyaupane said.
Lack of Infrastructure in Prisons
Photo Source: DOPM
The department reports that more than 27,000 prisoners and over 1,200 juveniles are currently incarcerated in prisons and juvenile reformatories throughout Nepal.
Former Director General Kashiraj Dahal stated that with these new provisions, immediate infrastructure expansion is essential.
“Since this is a new practice in our country, it is important to study how it is implemented abroad before applying it here,” Dahal said.
He also mentioned the positive provisions included in the new regulations, such as formal registration of prison production units and collaboration with the private sector.
Although regarded as a model prison, Nuwakot’s Vidur Prison lacks the necessary infrastructure for prisoner couples, according to its chief, Bhesh Kunwar.
“Even with a manageable number of inmates, there is no separate room for couples. Infrastructure is also needed to accommodate third-gender prisoners separately,” Kunwar said.
The new regulations also provide for separate rooms for third-gender prisoners, but the department has yet to maintain statistics on sexual minorities.
Officials said that even when both spouses are incarcerated, they are not allowed to live together.
Monitoring the Availability of Infrastructure
Photo Source: Home Ministry
The National Human Rights Commission reported receiving complaints during prison inspections about prisoners not receiving their full rights as per the law.
Following complaints, the commission suggested that the government take notice and implement corrective measures, said Secretary Murari Kharel.
“As prisoners age, they should not be deprived of their reproductive rights, and appropriate infrastructure must be created,” secretary Kharel stated.
“The new regulations are human rights-friendly, and the commission will monitor the necessary infrastructure and implementation.”
The Human Rights Commission also noted that many prisons hold inmates beyond their capacity, hindering effective implementation of new regulations. According to the Prison Department, Kathmandu Valley’s three major prisons exceed their inmate capacities.
There were plans to transfer many inmates from Dillibazar, Sundhara, and Nakhu prisons to Nuwakot, but prisoners reportedly refused to be moved.
Video Call Facility
The new regulations also provide prisoners with a facility to communicate with their families through video calls.
According to Rule 14, if a prisoner has not met a family member for over three months or the family member has not visited, the prisoner may apply for a virtual communication session, lasting up to 15 minutes once every three months, from a location designated by the prison chief.
Director Nyaupane explained that while prisoners currently have telephone access to communicate with family and legal counsel, video call facilities were not available and require additional resources.
Though most prisons now have internet access, separate devices such as mobile phones are needed for prisoners to utilize video call services, Nyaupane said.
The new regulations further allow prisoners to provide testimony in court through video calls.
Virtual platforms can be used for submitting statements, evidence, and testimony, which reduces the need for prisoners to physically attend court, according to Director Nyaupane.
