Calcutta HC Directs AG To Convene Meeting With All Stakeholders On Issue Of Pregnant Prisoners, Calls On Parties Not To Make Remarks Affecting Inmates' Dignity

The Calcutta High Court on Tuesday cautioned against making any unnecessary imputations in court against pregnant women prisoners in correctional homes or jails in West Bengal, which could affect their reputation and dignity.

The matter was assigned to a division bench of Justices Joymalya Bagchi and Gaurang Kanth by Chief Justice TS Sivagnanam, after a plea was mentioned before his bench. by the amicus curiae of prions in the state.

The matter is also being heard by the Supreme Court, which took suo moto cognizance of the issue. The Apex Court was informed that most pregnant prisoners had already conceived by the time they were brought to the prison. 

At the present hearing, the counsel for the petitioner who was appointed amicus curiae of prions in West Bengal took the bench through the history of prisons in West Bengal and alleged that there were irregularities in the way female prisoners were kept in their enclosure and that male prisoners were like 'hyenas' who would allegedly prey on female prisoners.

The counsel for the State Legal Services Authority submitted a report with suggestions for an undertrial review committee. 

The division bench suggested that all parties convene a meeting along with the Advocate General, High Court Administration, and State Legal Services Authority in order to appreciate the bigger picture of the problems faced in prisons by the inmates.

"This is not a competition to prove who is the bigger champion of human rights.  A coalition of forces is needed to achieve a better living suggestion," it suggested.

The bench further suggested that the various aspects of difficulties facing the prisoners may be individually addressed on each date of hearing, such as overcrowding, diet, medical facilities, etc. 

Addressing the sensitivity around the issue of pregnant prisoners, the Court stressed that officers of the court who were appearing in the matter, and in general, should refrain from making any imputations that could lower the majesty and dignity of the prisoners. 

The court observed, "imputations made on women who are pregnant in custody may affect their dignity and reputation. Such women should not be subjected to any “secondary victimization” through a court process. All parties should refrain from revealing their identities, they are also victims and are to be treated in a way to be rehabilitated."

 Accordingly, the Court called on the Advocate General to hold a meeting with all stakeholders concerned and called for a report on the same.

The matter is listed on 8th March 2024. 

Case: COURT IN ITS OWN MOTION IN RE OVERCROWDING IN PRISONS V SAIKAT BANERJEE

Case No: WPA/7252/2018