LI Network
Published on: February 17, 2024 at 10:10 IST
Senior Advocate Gaurav Agrawal, acting as amicus curiae in the ongoing prison reforms case, disclosed in an application that a substantial number of women inmates in West Bengal prisons were already pregnant when brought into custody.
The report revealed that out of 62 children born in West Bengal jails over the past four years, most mothers were expecting at the time of their incarceration.
Agrawal highlighted instances where women prisoners, after being granted parole, returned to the prisons while expecting.
This revelation comes in response to the Supreme Court’s suo motu notice of the alarming frequency of pregnancies among women inmates nationwide.
The Supreme Court initiated this inquiry on February 9, prompted by a plea presented before the Calcutta High Court, shedding light on the concerning trend of women prisoners becoming pregnant while in custody across correctional homes in West Bengal.
The case, currently being heard by Justices Hima Kohli and A Amanullah, addresses a public interest litigation (PIL) focused on alleviating overcrowding issues in Indian prisons. Agrawal serves as the amicus curiae in this PIL.
The application filed by Agrawal, based on information from the ADG & IG Correctional Services, West Bengal, underscores the need for a comprehensive security audit of women’s jails and barracks. Agrawal proposes examining the security protocols in women’s barracks, emphasizing the importance of isolating and securing these areas effectively.
Furthermore, the amicus stresses the urgency of conducting a thorough security audit and assessing medical facilities in women’s jails to ensure proper examinations at admission and regular intervals.
The Calcutta High Court plea, which prompted the Supreme Court’s broader investigation, revealed distressing statistics, indicating 196 babies currently residing in various prisons across West Bengal.
The amicus curiae at the HC proposed measures such as restricting male employees’ entry into areas housing women prisoners to prevent further pregnancies.
Recognizing the gravity of the situation, the high court expressed concern and directed the plea to be referred to the division bench handling criminal matters, with instructions to involve 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