In a significant move, the Supreme Court, on February 9, spontaneously addressed the alarming surge in pregnancies among female inmates within prisons nationwide. This action follows closely on the heels of a noteworthy plea presented in the Calcutta High Court, spotlighting a disturbing pattern of women detainees conceiving while under custody within correctional facilities throughout West Bengal.
Deeply troubled by the distressing statistics, a panel comprising Justices Sanjay Kumar and Ahsanuddin Amanullah took cognizance of the grave concern regarding prison pregnancies. Justice Amanullah’s panel is presently adjudicating a public interest litigation (PIL) aimed at grappling with the issue of overcrowding in Indian prisons. Last month, the Apex Court issued directives, urging states and union territories to take immediate action, including the establishment of district-level committees tasked with evaluating existing jail infrastructure and determining the necessity for additional facilities, as per the 2016 Model Prison Manual.
On February 9, Senior Advocate Gaurav Agarwal, appointed by the Supreme Court to provide assistance regarding the PIL on prison overcrowding, was tasked with thoroughly examining the issue and reporting back to the court.
The plea lodged yesterday, which prompted the Supreme Court to broaden its investigation scope to a nationwide analysis today, was presented by the amicus curiae representing all prisons in West Bengal. This plea was discussed before a division bench of Chief Justice TS Sivagnanam and Justice Supratim Bhattacharya of the Calcutta High Court, where it was disclosed that instances of female inmates becoming pregnant during their incarceration have unfortunately become commonplace, with reports indicating that 196 babies are currently residing in various correctional facilities across the state.
The amicus curiae emphasized the urgent need for action, suggesting measures such as restricting male employees’ access to areas housing female inmates to mitigate the risk of further pregnancies. To underscore the seriousness of the situation, the amicus curiae recounted a recent visit to a correctional facility where a pregnant female inmate was discovered, along with fifteen other babies residing with their incarcerated mothers.
Recognizing the gravity of the issue, the high court expressed its concern and deemed the matter worthy of immediate attention. Consequently, the bench instructed for the plea to be referred to the division bench responsible for criminal matters, with directives to ensure the presence of the public prosecutor for further deliberation.