Prison Reforms : Supreme Court Expands Scope Of District Committees To Address Pregnancies & Related Health Measures Of Women Inmates

The Court, in today's order, expanded the scope of the district-level committees, which are to be constituted by the States/ UTs to alleviate the issue of overcrowding of prisons in India. Now, the committee is also required to address the aspect particularly related to female inmates holistically.

To understand, it was on February 9 that the Top Court took Suo motu cognizance of the alarming number of pregnancies occurring among women inmates in prisons across the country. This development came one day after a significant plea was brought before the Calcutta High Court, drawing attention to a troubling trend of women prisoners becoming pregnant while in custody within correctional homes across West Bengal.

Pertinently, the Bench of Justices Hima Kohli and A Amanullah are currently hearing a public interest litigation (PIL) aimed at tackling the overcrowding crisis in Indian prisons. Given this, the suo motu case is also being heard along with the former matter.

Earlier, on January 30, the Court ordered the establishment of district-level committees tasked with evaluating the existing infrastructure in jails and determining the need for additional facilities following the Model Prison Manual of 2016.

The Court ordered that these Committees will consist of the Principal/District judge (Chairperson of the District Legal Services Authority), Member Secretary (DLSA), District Magistrate (in charge of the particular District), Superintendent of Police, and Superintendent(s) of Jails. Before parting, the Court directed all the State Governments/Union Territories to file a Fresh Status Report by or before 05th April 2024.

In today's order, the Bench has directed that apart from these members, a senior most lady judicial officer in the district may also be included as a member. The Court reasoned that this is being asked to ensure that available security measures/ hygiene measures/ health care infrastructure can be fairly assessed. Besides, the Court also directed that the committee must include a superintendent of women's jail, wherever possible.

The excerpts of the order, which was orally pronounced in the Court today, read as:

“….Besides the members identified by this Court to be a part of this committee in each state government/ UT, in terms of para 7 of order passed on 30^th January, 2024, a senior most lady judicial officer in the district may be included as part from the committee to give a fair assessment of the available security measures/ hygiene measure/ health care infrastructure/ welfare of women prisoner in jails/ barracks in each district.

The said committee shall also include a superintendent of women jail/ women barrack wherever possible.

Issue Notice….”

Lastly, the Court clarified that the date fixed for filing the status reports by States and UTs will be the same and posted the matter on April 09, 2024.

Case Title: Re-Inhuman Conditions In 1382 Prisons v. Director General of Prisons and Correctional Services and Ors., W.P.(C) No. 406/2013

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