SC Takes Cognizance Over Pregnant Women Prisoners in West Bengal Correctional Homes

The Supreme Court has taken cognizance of the matter concerning certain women prisoners held in correctional homes in West Bengal becoming pregnant.

A bench comprising Justices Sanjay Kumar and Ahsanuddin Amanullah agreed to investigate the issue and instructed senior advocate Gaurav Agrawal, who has been assisting the court as amicus curiae in a case related to jail overcrowding, to examine and submit a report on the issue.

Meanwhile, the Calcutta High Court on Thursday directed the transfer of a case to a criminal division bench.

The case pertains to claims made by the amicus curiae regarding pregnant women prisoners in West Bengal’s correctional homes, with 196 babies reportedly staying in various such facilities. Lawyer Tapas Kumar Bhanja, appointed as amicus curiae by the court in a 2018 suo motu motion on prison overcrowding, had submitted a note containing these concerns and suggestions before the division bench presided over by Chief Justice T S Sivagnanam.

Observing that the note highlighted “certain serious issues”, the high court bench noted that it mentioned instances of women prisoners getting pregnant while in custody.

According to the note by the amicus curiae, there are as many as 196 babies staying in different prisons across West Bengal. Bhanja has recommended prohibiting the entry of male employees of correctional homes into the enclosures of women prisoners.