Supreme Court Directs Addition of Female Judicial Officer to Committee for Women Prisoner Safety in West Bengal

The Supreme Court mandated the addition of a female judicial officer to the current committee tasked with overseeing the well-being and situation of female prisoners in every district of West Bengal.

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Supreme Court Directs Addition of Female Judicial Officer to Committee for Women Prisoner Safety in West Bengal

NEW DELHI: The Supreme Court has mandated the inclusion of a woman judicial officer in the committee overseeing the conditions of women inmates in each district. This move comes in response to concerning reports about the state of women’s jails in the region, highlighting the urgent need for reform and closer supervision.

The directive was issued following a detailed examination of the situation by the apex court, which had previously taken suo motu cognisance of reports indicating a significant number of pregnancies among women prisoners. The issue gained prominence after the Calcutta High Court raised serious concerns during a case discussion on prison reforms, shedding light on the precarious conditions faced by incarcerated women.

A bench led by Justices Hima Kohli and A Amanullah reviewed the findings presented by Senior Advocate Gaurav Agarwal, the Amicus Curiae in the case. Agarwal’s report was eye-opening, revealing that

“most women prisoners were already pregnant when they entered jails,”

and in some instances, inmates returned from parole in a pregnant state. Furthermore, the report disclosed that over the past four years, 62 children were born within the confines of West Bengal jails, with 181 children currently residing with their mothers across various prison facilities.

Agarwal’s recommendations for prison reforms were comprehensive, urging the Supreme Court to ensure the senior-most lady judicial officer in each district assesses the security and welfare measures in women’s jails or barracks. Acting on these suggestions, the Supreme Court’s brief order expanded the committee’s composition to include a woman judicial officer and the superintendent of women’s jails, aiming to enhance the oversight of women prisoners’ safety and conditions.

The court’s directive also encompasses the establishment of new jails and the improvement of existing facilities, with a particular focus on addressing the needs of women inmates. The initiative is set to take a holistic approach, soliciting input from each state and union territory, with the next hearing scheduled for April.

Supreme Court Directs Addition of Female Judicial Officer to Committee for Women Prisoner Safety in West Bengal

During the proceedings, Senior Advocate Meenakshi Arora, representing the West Bengal government, highlighted the corrective measures already in place, including the employment of all-women staff in correctional homes. Arora noted that

“if a man is present, they are accompanied by women,”

emphasizing the presence of 126 women accompanied by 159 children in these facilities. She also mentioned the installation of CCTV cameras throughout the correctional homes, ensuring continuous monitoring.

The bench recognized the need for a thorough examination of the availability of sufficient women personnel for the security and welfare of women prisoners. It underscored the importance of regular health check-ups at the time of admission and periodic intervals thereafter. Agarwal’s report, which included insights from discussions with jail authorities in Rajasthan, Haryana, and Delhi, revealed a promising practice where female jails are staffed exclusively by women officials, with male personnel stationed only at the periphery and gates.

This judicial intervention by the Supreme Court marks a significant step forward in safeguarding the rights and well-being of women prisoners in West Bengal, setting a precedent for prison reforms across India.

author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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