Lawyer Tapas Kumar Bhanja, who was appointed amicus curiae by the court in a 2018 suo motu motion on overcrowding in prisons, made the submissions before the division bench of Calcutta HC Chief Justice TS Sivagnanam and Justice Supratim Bhattacharya on Thursday.
The matter has been placed before a division bench hearing criminal cases, and it will be heard next Monday. The public prosecutor will also be present during the hearing of the matter at the division bench having a criminal roster. “Learned amicus curiae has mentioned these matters and has placed a notice pointing out certain serious issues. One such issue is that women prisoners while in custody are getting pregnant and at present there are as many as 196 babies staying in different prisons of West Bengal,” the High Court recorded.
Chief Justice of Calcutta HC TS Sivagnanam read out the preventive measures suggested by Bhanja, which states, “The learned amicus curiae suggests prohibition on the entry of male employees of correctional homes into the enclosure of women prisoners along with other suggestions which is taken on record. Copy of the note has already been sent to the office of the Advocate General (Kishore Datta).”
“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 Bench added in its order, while releasing the matter from its list on Thursday.
In his note before the division bench, the amicus curiae submitted, “It is further interesting to note that women prisoners, while in custody, are getting pregnant. Subsequently, babies are born inside the prisons. At present, 196 babies are staying in different prisons of West Bengal.”
The note, further, suggested that all women prisoners should undergo a pregnancy test before being sent to correctional homes. “Let all the learned District Judges (as they are the Chairman of the Board of Visitors), may visit correctional homes under their respective jurisdiction to find out how many women prisoners have become pregnant during their stay in correctional homes. Also necessary directions may be given to the learned Chief Judicial Magistrates of all the districts to monitor a pregnancy test upon all the women prisoners, before sending them to correctional homes, to avoid sexual exploitation upon them. Pregnancy tests to this effect are done by all Police Stations of West Bengal. Necessary orders / directions may be given by this Hon’ble Court to this effect,” it said. The submission mentions that the amicus curiae and his assistants visited the Women Correctional Home of Alipore, Calcutta, along with the Secretary, District Legal Services Authority (DLSA), Alipore, South 24-Parganas, in presence of Ajay Kumar Thakur, Special Inspector General of Police (Correctional Services), West Bengal on January 22.
Speaking to The Indian Express, Bhanja said, “Upon my visit, I found that one female prisoner is pregnant and 15 children are currently residing there (Alipore Correctional Home in Kolkata). The women said the children were born in prison and that this in front of the IG Correctional Services. I have prayed before the court to prohibit entry of male employees of correctional homes into the enclosure of women prisoners.”