Calcutta High Court rejects mandatory pregnancy tests for women prisoners, emphasizing privacy and dignity. Decision underscores the importance of voluntary agreements and proportionate measures, promoting responsible conduct in discussions about pregnancies in custody. The court encourages collaborative efforts to address systemic issues within the prison system.
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KOLKATA: On 21st February, the Calcutta High Court firmly dismissed a proposal to make pregnancy tests mandatory for all women prisoners in Bengal. The court’s ruling came in response to an amicus curiae plea, emphasizing the fundamental rights of individuals, even those under trial, against “unnecessary intrusions” into their personal lives.
The division bench, comprising Justices Joymalya Bagchi and Gaurang Kanth, was hearing a Public Interest Litigation (PIL) concerning the state of prisons in Bengal when the controversial suggestion was brought up. The plea, which aimed to address the issue of women prisoners becoming pregnant while incarcerated, was met with a strong rebuke from the bench. “Absolutely no,” the court declared, drawing a parallel that such a measure was akin to “saying lock up women because there are catcalls on the streets.”
ALSO READ: Most Women Pregnant Outside jails in West Bengal Prisons: Supreme Court Told
The court’s stance was clear from the outset, with Justice Bagchi articulating the principle that the extent of intrusion into a woman’s privacy should be directly related to the necessities of her detention.
“There must be a voluntary agreement to a pregnancy test. We cannot propose unnecessary intrusions in her privacy just because she is a suspect and has been brought as an undertrial,”
– he stated.
This sentiment was echoed throughout the hearing, with the bench advocating for a balanced approach that respects the rights of prisoners.
“Let there be no secondary victimisation in the judicial process,”
-the justices reiterated, highlighting the need for dignity and respect towards all individuals within the judicial system.
The proposal for mandatory pregnancy tests was initially raised by the court’s amicus curiae, Tapas Bhanja, on February 8, following reports of pregnancies among women prisoners. The Supreme Court had taken cognizance of these allegations, which led to the discussion in the Calcutta High Court.
ALSO READ: Calcutta High Court Addresses Concerns Over Pregnancies Among Women Inmates While in Jail
However, the suggestion was quickly dismissed by the bench, which cautioned against excessive surveillance and restrictions on prisoners, advocating instead for less intrusive measures that could achieve the desired outcomes without compromising individual rights.
The court’s deliberations also touched upon the broader implications of such policies, including the potential impact on society and the dignity of the women involved. State advocate general Kishore Dutta’s request to limit comments on prison pregnancies due to their societal ripple effects was met with a commitment to open justice from the bench.
“This bench is very loathe to impose any gag order because we believe in open justice,”
-the court stated, encouraging constructive criticism while calling for responsibility in public discourse to maintain the judiciary’s dignity.
ALSO READ: Supreme Court to Investigate Rising Cases of Pregnancy in Women’s Prisons Across India
The court instructed Dutta to organize a meeting with all stakeholders, including amicus curiae, civil body lawyers, legal aides, and the High Court administration, to systematically address the issues plaguing the state’s prison system. This collaborative approach aims to identify and tackle problems one by one, ensuring a comprehensive reform that respects the rights and dignity of all individuals involved.
By rejecting the proposal for mandatory pregnancy tests for women prisoners, the court has set a precedent that balances the need for security and order with the fundamental rights of individuals,
