Most Women Inmates Of West Bengal Prisons Were Already Pregnant When Brought To Jail: Amicus Tells Supreme Court

“In some cases, the women prisoners had gone out on parole and returned back expecting," Agarwal, who is the amicus curiae in the matter relating to prison reforms, stated in the report.

The instant application was filed after the Court took Suo Motu notice of the alarming number of pregnancies occurring among women inmates in prisons across the country.

To provide a brief background, on February 9, the Top Court took Suo motu cognizance of the alarming number of pregnancies occurring among women inmates in prisons across the country.

This development came one day after a significant plea was brought before the Calcutta High Court, drawing attention to a troubling trend of women prisoners becoming pregnant while in custody within correctional homes across West Bengal.

Pertinently, the Bench of Justices Hima Kohli and A Amanullah are currently hearing a public interest litigation (PIL) aimed at tackling the overcrowding crisis in Indian prisons. Given this, the suo motu case is also being heard along with the former matter. Agarwal is appearing as Amicus Curiae in in this PIL.

Imperatively, this application was filed after receiving information from ADG & IG Correctional Services, West Bengal. This data was sought for the last four years qua children born to women prisoners while in custody.

After discussing this with jail authorities in Rajasthan, Haryana, and Delhi, the amicus outlined several pertinent points. He stated that there are separate women's jails that have only female officials. However, in other places, there are women's barracks that might need to be fully isolated and examined at length in terms of security measures.

“In other places there are women barracks which is a part of the jail complex, where also the same protocol is to be followed. However, it appears that such women barracks may need to be fully isolated and enforcement of security measures may have to examine in detail.,” the application stated.

Besides this, the amicus has also underscored the need for a complete security audit of the women's jails and women's barracks in the country. Further, the requirement of examining the medical facility in women's jails has also been pleaded. This is to ensure that proper examinations of women are held at the time of admission and at regular intervals.

Plea Before The Calcutta High Court

The plea, which prompted the Supreme Court to widen the scope of the investigation to a country-wide analysis today, was presented by the amicus curiae at the HC representing all prisons in the State of West Bengal.

This plea in Calcutta HC was mentioned before a division bench of Chief Justice TS Sivagnanam and Justice Supratim Bhattacharya. Therein, where it was revealed that instances of women prisoners getting pregnant during their time in correctional facilities have become distressingly common, with reports indicating that 196 babies are currently residing in various prisons across the state.

The amicus curiae stressed the urgent need for action, proposing measures such as restricting the entry of male employees into areas housing women prisoners to mitigate the risk of further pregnancies. To illustrate the gravity of the situation, the amicus curiae cited a recent visit to a correctional home where a pregnant female inmate was discovered, alongside fifteen other babies residing with their incarcerated mothers.

Acknowledging the severity of the issue, the high court expressed its concern and deemed the matter deserving of immediate attention. Consequently, the bench directed for the plea to be referred to the division bench responsible for criminal matters, with instructions to ensure the presence of the public prosecutor for further deliberation.

Case Title: Re-Inhuman Conditions In 1382 Prisons v. Director General of Prisons and Correctional Services and Ors., W.P.(C) No. 406/2013