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Top court takes note of pregnancies in Bengal prisons, seeks report
A bench of justices Sanjay Kumar and Ahsanuddin Amanullah expressed concerns over the reported situation, deciding to intervene in the matter
The Supreme Court on Friday sought an enquiry into the reports that women prisoners are getting pregnant inside the jails across West Bengal and that 196 babies are currently staying in different prison facilities.
A bench of justices Sanjay Kumar and Ahsanuddin Amanullah expressed concerns over the reported situation, deciding to intervene in the matter. It sought the assistance of senior advocate Gaurav Agrawal, who has been helping out the court as an amicus curiae in a case relating to prison reforms.
“Have you seen the report? It says women inmates are getting pregnant inside jails across the state of West Bengal? We hope this is not the situation in other states as well. Please, assist us,” the bench told Agrawal. Responding, the senior counsel said that he would seek the required information from the West Bengal government officials and submit an appropriate note in this regard.
Notably, justice Amanullah is a member of a bench led by justice Hima Kohli that has been hearing a suo moto petition titled “Inhuman conditions in Prisons” wherein the court monitors various aspects of prison reforms, including the number of jails, sanctioned and actual capacity of prisoners, and pending proposals by the Centre and states to create more jails.
In its latest order, the bench of justices Kohli and Amanullah called the issue of overcrowding of prisons “stark and worrying”, directing committees to be set up in each district within to prepare a roadmap on the number of jails needed to cater to prison population for the next 50 years. The order on January 30 in the 2013 case added that the committees, to be headed by district judges concerned, will also examine the needs of the respective districts and make proposals over and above those that have been laid down under the Model Prison Manual. The query by the court on Friday is understood to be a part of the same proceedings.
On Thursday, the Calcutta high court was informed by advocate Tapas Kumar Bhanja, who was appointed amicus curiae by the court in November 2017 in a case on conditions of prisons, that women inmates lodged in various prisons of West Bengal are getting pregnant while in custody.
Placing two notes before a division bench of high court chief justice TS Sivagnanam and justice Supratim Bhattacharya, Bhanja said: “It is interesting to note that women prisoners, while in custody, are getting pregnant. Subsequently babies are born in the prison. At present, 196 babies are staying in different prisons of West Bengal.” The amicus curiae suggested a prohibition on the entry of male employees of prisons into the enclosures of women prisoners. Bhanja’s note however did not specify as to how many such women prisoners were pregnant at the time of entry into prisons and if they were allowed interim bail or parole.
Taking note of Bhanja’s submissions, the chief justice said that the amicus curiae had flagged some “serious issues” and ordered placing the matter before a division bench hearing criminal cases. The matter before the high court is expected to come up next on February 12.
As reported by HT on Friday, as of January 1, 2024, around 26,000 people are staying in 60 prisons across West Bengal and of these, around 8-10% comprise women. Around 174 are serving life sentences. There is no system of conjugal visits in any prison in the country.
