Supreme Court Urges Centre and States to Outline Plans for Enhanced Healthcare and Hygiene Facilities for Women Prisoners

SUPREME COURT LAW INSIDER

LI Network

Published on: February 17, 2024 at 10:25 IST

The Supreme Court has directed both the Centre and the States to present detailed plans for establishing new jails or expanding existing facilities, with a specific focus on healthcare and hygiene for women inmates.

The Court emphasized the need for robust measures to address the increasing instances of pregnancies among women prisoners, particularly in West Bengal.

Previously, on January 30, 2024, the Court instructed States and Union Territories to form committees responsible for assessing the need to expand current jails and acquire land for new facilities.

The committees were tasked with evaluating capacity, occupancy, and future demands, as well as overseeing ongoing projects and proposing milestones for completion.

The Court’s concerns arose from reports of a significant number of women inmates getting pregnant in West Bengal prisons, prompting the Calcutta High Court to take suo motu cognizance of the matter.

The High Court suggested prohibiting the entry of male employees into the enclosures of women prisoners in correctional homes.

A bench comprising Justice Hima Kohli and Justice Ahsanuddin Amanullah expanded the committees’ composition to include a senior judicial officer in each district, ensuring a fair assessment of security measures, hygiene, healthcare infrastructure, and the welfare of women prisoners.

The committee was also to include a Superintendent of Women Jails or Women Barracks where possible.

Senior Advocate Gaurav Aggarwal was appointed as the amicus curiae to assist in the matter. During the arguments, Senior Advocate Meenakshi Arora, representing the State, highlighted that several prisons have an all-women staff, but Justice Amanullah expressed concern about the situation. Arora reassured the court, stating that security is maintained through CCTV cameras installed across jails in the state.

Advocate Aggarwal suggested immediate measures, including the recruitment of Home Guards, emphasizing the need for swift action rather than waiting for higher authorities.

Justice Amanullah acknowledged the flexibility of deputing Home Guards anywhere.

In the January 30 order, the bench outlined the committee’s composition and directed the State Governments and Union Territories to establish these committees promptly.

The committees were instructed to convene their first meeting within two weeks of their constitution.

The Court scheduled the next hearing for April 9, 2024.

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