The amicus curiae of all West Bengal correctional homes informed the Calcutta High Court on Thursday, February 8, about the fretting issue of women inmates getting pregnant while in custody. This prompted the court to express grave concerns about the condition of female inmates in West Bengal jails. An estimated 196 babies have reportedly been delivered in different jails throughout the state, according to the amicus curiae.
#Breaking: Calcutta High Court is informed that women prisoners in custody are getting pregnant while in jail.
— Bar & Bench (@barandbench) February 8, 2024
At least 196 babies have taken birth so far, the High Court is informed.
A bench of Chief Justice TS Sivagnanam and Justice Supratim Bhattacharya says the issue is… pic.twitter.com/keMPBCQ8dX
The submission was made while a case involving West Bengal’s correctional facilities and jail reforms was being discussed. The division bench, presided over by Chief Justice TS Sivagnanam and Justice Supratim Bhattacharya, took a serious view of the case and ordered a hearing before a division bench that specialised in criminal cases.
The amicus curiae proposed a ban on male staff members entering enclosures housing female inmates as a preventive approach to address the problem. This proposal was made in response to the reported pregnancies of female prisoners and the ensuing deliveries of several children inside the jail system.
Additionally, the amicus curiae offered other recommendations that were detailed in a note dated January 25 to enhance the circumstances and guarantee the well-being of prisoners housed in correctional facilities.
The amicus also recommended that all District Judges, who chair the Board of Visitors, be permitted to tour the correctional facilities under their respective purview to ascertain the number of women inmates who have gotten pregnant during their stay in correctional homes.
Additionally, to prevent sexual exploitation of women inmates, the Chief Judicial Magistrates of each district may be instructed to require all women convicts to undergo pregnancy tests before being sent to correctional facilities. To this end, all West Bengali police stations ought to conduct pregnancy testing. The memo from the amicus stated that this Hon’ble Court may issue necessary instructions or directives to this effect.
Recognizing the seriousness of the problem, the bench removed the case from its current list, allowing for additional hearings and discussion of the suggested reforms.
The amicus curiae also described, during the proceedings, how they witnessed firsthand the birth of fifteen children and a pregnant lady at a visiting correctional home, highlighting the critical need to address the structural issues that West Bengal’s jailed women confront.
“Recently, I visited a women’s correctional home along with the inspector general (special) of correctional homes and the secretary of the district legal services authority. I found one pregnant lady and at least 15 other women prisoners staying with their children. They were born in the prison”, he stated.
The revelation has raised a great deal of worry and demands for extensive changes to protect the rights and welfare of female inmates in the state’s jail system.
While assigning the matter to another bench, the division bench of Chief Justice Sivagnanam and Justice Bhattacharya said, “The amicus curiae has mentioned the matter and has placed a note pointing out some serious issues. One such issue is that women prisoners were getting pregnant while in custody. At present 196 babies are staying in various prisons of West Bengal.”
