Bengal: Call for Ban on Male Staff Entry As HC Raises Concerns Over Prisoners Getting Pregnant; 196 Babies Born

After an amicus curiae of the Calcutta High Court claimed on Thursday that some women prisoners lodged in West Bengal’s correctional homes were getting pregnant, the court ordered the transfer of the matter to a criminal division bench. As per the claims, 196 babies born to the women in prison were staying at different such facilities.

Lawyer Tapas Kumar Bhanja was appointed amicus curiae by the court in a 2018 suo motu motion on overcrowding in prisons. Bhanja submitted a note containing these issues and suggestions before the division bench presided by Chief Justice T S Sivagnanam, where it was stated that women prisoners were getting pregnant while in custody.

The note by the amicus curiae stated that there are as many as 196 babies staying in different prisons of West Bengal.

Along with the submission of the note, Bhanja further suggested prohibition of entry of male employees of correctional homes into the enclosures of women prisoners.

In his report Bhanja states he found 15 children – 10 male and five females -inside Women Correctional Home at Alipore, as quoted by The Times of India. The report further stated, “Based on conversations with prisoners, it has been revealed that some inmates gave birth inside correctional home itself.” The home thoroughly lacked proper medical infrastructure.

He submitted before the division bench, also comprising Justice Supratim Bhattacharya, that a copy of the note has been served in the office of the Advocate General of the state.

The court further directed, “In order to have an effective adjudication of all these matters, we deem it appropriate that the matter should be placed before the Hon’ble Division Bench having criminal roster determination.”

The Chief Justice has also directed that the matter be placed before him for appropriate orders in this regard.

Back in 2018, a division bench presided by the then Chief Justice of the high court had initiated a suo motu motion on overcrowding in correctional homes in the state.

Some related matters which were filed earlier and later were also tagged with the motion and are being heard together.

(with PTI inputs)