Introduction:

A significant plea has been presented before the Calcutta High Court by the amicus curiae of all prisons in West Bengal, highlighting instances of female prisoners becoming pregnant while in custody. The plea advocates for the prohibition of male correctional home staff from entering the enclosures of female prisoners, citing a rising number of pregnancies within correctional facilities. The matter, emphasizing the delicate situation of female inmates, was brought before a division bench comprising Chief Justice TS Sivagnanam and Justice Supratim Bhattacharya.

Arguments of Both Sides:

The amicus curiae, representing all prisons in West Bengal, raised concerns about the growing number of pregnancies among female prisoners, noting the presence of 196 babies in various correctional facilities. The plea suggests restricting the entry of male employees in the enclosures of female prisoners to address this issue. The amicus curiae, along with the Inspector General of Prisons, visited a correctional home and found a pregnant female inmate along with fifteen babies living with their incarcerated mothers. The court acknowledged the seriousness of the issue and directed the matter to a division bench handling criminal cases, ensuring the presence of the public prosecutor.

Court’s Judgment:

The Calcutta High Court, upon hearing the plea, recognized the gravity of the situation regarding pregnancies among female prisoners. The bench considered the amicus curiae’s proposal to restrict the entry of male correctional home staff into the enclosures of female inmates as a potential solution. The matter has been directed to the division bench overseeing criminal cases, indicating the court’s intention to delve deeper into the issue and assess its legal implications.