Calcutta High Court, guided by Justice Jayamalya Bagchi, mandates urgent reforms aligning with Supreme Court directives, stressing the need for systemic changes in the state’s correctional system. The decision underscores the importance of regular oversight and adherence to legal standards, prompting immediate reforms and the formation of a dedicated inspection committee for continuous improvement.
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Kolkata: The Calcutta High Court, under the guidance of Justice Jayamalya Bagchi, has mandated the state to implement essential reforms in alignment with directives previously issued by the Supreme Court. The High Court’s decision, delivered on a recent Friday, underscores the urgent need for systemic changes within the state’s correctional system, emphasizing the importance of regular oversight and adherence to established legal standards.
The bench, led by Justice Bagchi, has not only called for immediate reforms but also instructed the formation of a dedicated committee tasked with the regular inspection of these facilities. The directive specifies that officials are to conduct visits to the correctional facilities bi-monthly, a move aimed at ensuring continuous compliance and improvement in the conditions within these institutions.
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This directive stems from a broader concern within the legal community regarding the adherence to the ‘prison code of conduct’ mandated by the Supreme Court in 2017. Despite the clear guidelines, it has been alleged that several states, including West Bengal, have fallen short in implementing these standards effectively. The issue came to the forefront following a Supreme Court case concerning the treatment and conditions of female prisoners across the nation’s correctional facilities.
The Calcutta High Court appointed lawyer Tapas Bhanj as a ‘friend of the court.’ Bhanj’s subsequent investigations into the state’s correctional facilities unveiled disturbing realities, particularly concerning the treatment of female inmates. His findings prompted Chief Justice TS Sivaganam to escalate the matter to Justice Bagchi’s bench, categorizing it as ‘criminal’ based on the alarming details revealed in the inspection report.
Among the most concerning revelations was the incidence of pregnancies among female inmates, a situation that the court found deeply troubling. The phenomenon raised serious questions about the safety and management of women within the state’s penal system. Bhanj’s report also shed light on other significant issues facing female prisoners, including instances where women were transported to jails post-evening without adequate security measures in place.
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One of the most alarming findings related to the lack of female personnel in areas designated for body searches, leaving female inmates vulnerable to abuse by male-dominated inmate populations. In response to these findings, Justice Bagchi issued a stern directive to the Advocate General of the state, stating:
“Tell the state to separate the entrance and exit of female prisoners.”
Furthermore, Justice Bagchi highlighted the need for a paradigm shift in the approach towards incarceration, advocating for a transition from traditional prisons to correctional facilities focused on rehabilitation and reintegration of convicted individuals back into society.
He emphasized-
“The prison has been replaced by a correctional facility. Efforts are needed to reintegrate convicted prisoners into the mainstream of society.”
The state has been urged to take decisive action to address these issues, with the next hearing scheduled for April 5.
