Supreme Court Takes Suo Motu Cognisance Of Pregnancies In Women's Prisons Across Country

The Supreme Court on Friday (February 9) took suo motu cognizance of the alarming number of pregnancies occurring among women inmates in prisons across the country. This development comes 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.

Distressed by the alarming statistics, a bench of Justices Sanjay Kumar and Ahsanuddin Amanullah took cognisance of the grave issue of prison pregnancies. A bench comprising Justice Amanullah is currently hearing a public interest litigation (PIL) aimed at tackling the overcrowding crisis in Indian prisons. Last month, the Supreme Court issued directives, urging states and union territories to take immediate action. It ordered, among other things, the establishment of district-level committees tasked with evaluating the existing infrastructure in jails and determining the need for additional facilities, in accordance with the Model Prison Manual of 2016.

Today, Senior Advocate Gaurav Agarwal, who has been appointed by the Supreme Court to render his assistance with respect to the prison overcrowding PIL, was asked to 'look into the issue' and report back to the court. 

Yesterday's plea, which prompted the Supreme Court to widen the scope of investigation to a country-wide analysis today, was presented by the amicus curiae representing all prisons in the State of West Bengal. Yesterday, LiveLaw had reported about this issue, based on a report filed by an amicus curiae in the Calcutta High Court.

This plea in Calcutta HC was mentioned before a division bench of Chief Justice TS Sivagnanam and Justice Supratim Bhattacharya of the Calcutta High Court, where it was revealed that instances of women prisoners getting pregnant during their time in correctional facilities have become distressingly common, with reports indicating that 196 babies are currently residing in various prisons across the state.

The amicus curiae stressed the urgent need for action, proposing measures such as restricting the entry of male employees into areas housing women prisoners to mitigate the risk of further pregnancies. To illustrate the gravity of the situation, the amicus curiae cited a recent visit to a correctional home where a pregnant women inmate was discovered, alongside fifteen other babies residing with their incarcerated mothers.

Acknowledging the severity of the issue, the high court expressed its concern and deemed the matter deserving of immediate attention. Consequently, the bench directed for the plea to be referred to the division bench responsible for criminal matters, with instructions to ensure the presence of the public prosecutor for further deliberation.