This judicial scrutiny was prompted by discussions in the Calcutta High Court, where the issue of pregnancies in women’s prisons was brought to light. An amicus curiae, during a case mention related to prison reforms and correctional homes in West Bengal.
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In a significant move addressing concerns within the prison system, the Supreme Court of India today turned its attention to the alarming issue of pregnancies among women inmates.
The decision to delve into this matter follows revelations that a considerable number of babies, approximately 196, were born in various jails across West Bengal. This development underscores the urgent need to scrutinize the conditions and policies affecting women prisoners, particularly regarding their reproductive health and rights.
The examination of this critical issue has been entrusted to Senior Advocate Gaurav Agrawal, appointed as the amicus curiae in a suo motu case concerning prison conditions. The directive was issued by a bench comprising Justice Ahsanuddin Amanullah and Justice Sanjay Kumar, highlighting the judiciary’s proactive stance in safeguarding the rights and welfare of incarcerated women.
Justice Ahsanuddin Amanullah and Justice Sanjay Kumar emphasized the importance of this inquiry, stating,
“The Court asked Senior Advocate Gaurav Agrawal, who is the amicus curiae in the suo motu case on conditions in prisons, to examine the issue of pregnancies in prisons and report back to the court.”
This judicial scrutiny was prompted by discussions in the Calcutta High Court, where the issue of pregnancies in women’s prisons was brought to light. An amicus curiae, during a case mention related to prison reforms and correctional homes in West Bengal, made submissions that caught the attention of the judiciary. The seriousness of the matter was acknowledged by a division bench of Chief Justice TS Sivagnanam and Justice Supratim Bhattacharya, who decided that the issue warranted further examination by a division bench specializing in criminal cases.
The Supreme Court’s decision to investigate the rising instances of pregnancies in women’s prisons marks a critical step towards addressing the complex challenges faced by female inmates. It reflects a broader commitment to ensuring that the rights and dignity of women in the correctional system are upheld, and that their unique health and safety needs are met. As the court awaits the findings and recommendations from the amicus curiae, this initiative is poised to shed light on the systemic changes needed to protect and support pregnant inmates and their children.
This move by the Supreme Court not only highlights the pressing issues within the prison system but also sets a precedent for taking concrete actions to reform the conditions under which women are incarcerated. It underscores the judiciary’s role in advocating for the rights of the marginalized and ensuring that justice and humanity prevail within the walls of correctional facilities.