New Delhi: Pregnant women inmates in West Bengal jails were already expecting when brought to jails after their sentencing via judicial orders or at the end of their parole periods, the Supreme Court was informed Tuesday in a case concerning 196 babies living in prisons across the state.
On 8 February, the issue of women inmates getting pregnant while in custody was raised before a bench led by Chief Justice TS Sivagnanam, seeking orders to prohibit the entry of male jail employees into their enclosure, among other suggestions taken on record.
After the Supreme Court took cognizance of news reports about the 196 babies in West Bengal jails, revealed during a hearing in the Calcutta High Court, a bench of justices Sanjay Kumar and Ahsanuddin Amanullah decided to look into the issue on 10 February and sought a report from senior advocate Gaurav Agrawal, already assisting it with improving jail infrastructure.
In response to the court order, West Bengal ADG and IG of correctional services provided data on the women inmates, who delivered babies in jails in the state over the last four years. According to the data, sent as a part of Agarwal’s suggestions to the court to undertake security measures and audits in women’s jails or barracks, 62 women gave birth in custody. Their medical examinations before they entered the jails showed them pregnant during entry. In some cases, the women had gone out on parole and returned expecting.
At present there are 181 children living in jails, 28 of whom were born in jail and 153 came with women prisoners.
In the interest of justice, the court received suggestions to appoint a senior-most woman judicial officer in each district to assess the available security measures in women’s jails. The inspections should examine the availability of sufficient women personnel for the security and welfare of women prisoners and their health checkups during jail admission, as well as at periodic intervals after that.
The suggestions for facilities for the children living in the jails include involving a woman member of the child welfare committee in each district to examine the availability of creches and schooling in prisons. The facilities should comply with an earlier Supreme Court judgment in the 2006 RD Upadhyay case. The 2006 judgment came with a slew of directions for the care and welfare of children born to women inmates. Each state has its own prison rules on up to what age a child can live with the mother, either an undertrial or a convict.
The top court is likely to hear the issue again next week. It has already constituted a district-wise committee to assess the available infrastructure in jails and decide on the number of new jails required. The committees have to bear in mind the requirement of incorporating AI and introducing video conferencing for meetings and telemedicine facilities for the inmates’ ease.
The committees comprise the principal/district judge (chairperson of the district legal services authority), district magistrate, senior superintendent of police, jail superintendent, and the district legal services authority secretary who will act as the committee convener.
(Edited by Madhurita Goswami)
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