Historical Development

Probation System

The colonial government of British India tried to pass a separate legislation on probation; they, however, did not succeed. In 1931, the All India Probation Bill was drafted and was circulated to all the provincial governments for their comments. The Bill was not passed into law mainly due to the political crisis in the country associated with the ongoing independence movement. After gaining political independence from Britain in 1947, it was the martial law government of Ayub Khan which introduced Pakistan's first Probation Law in the shape of the Probation of Offenders Ordinance, 1960 (No. XLV) at the Federal level and Rules of 1961 which were enacted in both wings of Pakistan i.e. East Pakistan (now known as Bangladesh) and West Pakistan (the present Pakistan). The Probation of Offenders Ordinance, 1960 is largely an amended version of the Probation Bill, 1931 (Hussain, 2013).

Parole System

During the colonial era, the release of prisoners on parole was a practice predating the formal introduction of probationary measures. The Criminal Procedure Code of 1898, under section 401 of chapter XXIX (Suspension, Remissions and Commutations of Sentences), granted provincial governments the authority to release prisoners from jails based on their good conduct. However, there were no provisions for supervision of these released individuals at that time.

In 1927, the British colonial government introduced separate legislation specifically addressing the release of offenders on parole. This legislation, known as the Good Conduct Prisoners’ Probational Release Act, 1926 and its corresponding Rules in 1927, aimed to regulate the parole system more effectively. Under this law, Parole Officers were appointed to identify eligible cases for parole. Those released on parole were required to adhere to certain conditions and were supervised by these officers for the remaining duration of their sentences. The law applied across various provincial governments of British India, including the province of Punjab.

Additionally, the establishment of the Reclamation and Probation Department (RPD) in all provincial governments in 1927 further formalized the process of releasing prisoners on parole. Notably, after independence, Punjab was the only province in Pakistan to have the RPD in place. It wasn't until 1957 that the RPD was established in the rest of West Pakistan, demonstrating the slow pace of implementation of probationary measures in the newly formed country.

Overall, the historical development of parole and probation in the Indian Subcontinent reflects the evolution of criminal justice practices and the gradual adoption of rehabilitative measures over time.

Juvenile Justice System

In Pakistan, the Juvenile Justice System Ordinance was enacted in 2001, marking a significant milestone in the country's legal framework for addressing offenses committed by individuals below a certain age. This ordinance laid down the foundation for the juvenile justice system, emphasizing rehabilitation over punishment for young offenders. Furthermore, the Juvenile Justice System Act of 2019 introduced specific provisions aimed at further enhancing and refining the juvenile justice system in Pakistan. These legislative measures underscore the government's commitment to ensuring the protection, rehabilitation, and well-being of juveniles in conflict with the law.

Establishment of Reclamation and Probation Departments

Until the Probation of Offenders Ordinance was passed in 1960, the RPD dealt only with parole cases. The Probation of Offenders Ordinance of 1960 established the probation arm of the RPD and enabled probation officers to be appointed to facilitate courts and reform first time offenders. Initially the administrative setup of the RPD was small and simple. Under the 'One Unit' scheme, the RPD worked as a federal department headed by the Secretary to the Government of West Pakistan (Home Department). Probation was initially started in only two divisions of West Pakistan, namely Lahore and Rawalpindi, with the Director based at the provincial capital in Lahore. For administrative purposes in 1962 all the Probation and Parole Officers were placed under the control of commissioners of the divisions. Four years later, the RPD was extended to other divisions of both East and West Pakistan. In West Pakistan, the RPD was extended to various divisions, the details of which are as follows:

Province	Divisions with Reclamation and Probation Department
Punjab	Lahore, Multan, Bahawalpur, Sargodha, and Rawalpindi
Sindh	Hyderabad, Karachi
Khyber Pakhtunkhwa	Peshawar, Dera Ismail Khan
Balochistan	Quetta and Kalat

During General Yahya Khan's second martial law regime (1969-1971), the dissolution of the 'One Unit' scheme in 1970 restored the status of provinces. This restructuring also impacted the Reclamation and Probation Department (RPD), which previously operated under the federal government of West Pakistan but was now placed under the jurisdiction of provincial governments.

Consequently, each province established its independent Directorate of RPD. In Punjab, the Directorate was formed with a full-time Director, a Deputy Director, and nine Assistant Directors across all divisions. Similarly, Sindh and Baluchistan established their independent directorates with varying staff compositions. In Khyber Pakhtunkhwa (KP), the RPD remained under the Home Department's jurisdiction.

A notable development occurred in Punjab, where the RPD was rebranded as the Punjab Probation and Parole Service following the enactment of the Punjab Probation and Parole Service Act, 2019. This legislative change reflects the ongoing evolution and adaptation of rehabilitation services within the provincial context.