Pregnancy Among Women Prisoners Within Jail: Ban Of Male Staff Members

Written by:

Super admin

Updated: 04-04-2024

Categories

General Legal issues

Common Marriage Problems

Property Issues

Bail

Marriage and Divorce

Cyber Fraud

startup

RERA

Current Affairs

corporate

statutory Compliances

Case Law

Share with your community:

The possibility of women becoming pregnant while behind bars has sparked debates around the world in recent years, highlighting the complex relationship between gender parity, reproductive rights, and the justice system in general. Prisons all over the world often do not have the policies and resources required for aiding pregnant prisoners, which poses a number of challenges for the women in addition to their unborn children.

Why in the News Today?

Amicus Curiae by Tapas Bhanja

On Thursday, February 8, 2024 the Calcutta High Court was apprised by the amicus curiae of the West Bengal correctional establishments regarding the matter of women prisoners becoming pregnant while under detention.
The court expressed serious concerns about the state of women prisoners in West Bengal jails as a result of this. According to the amicus curiae, 196 babies are said to have been born in various jails around the state.
As a preventative measure to deal with the issue, the amicus curiae suggested prohibiting male staff members from going into enclosures that house women prisoners. In reaction to the reported pregnancies of women convicts and the subsequent births of multiple children within the jail system, this suggestion was put up.

Who is an Amicus Curiae?

An Amicus Curiae is a person or organization that is not a party to a case but is authorized to support a court by providing data, knowledge, or analysis that is information is pertinent to the questions the case raises. The Court usually has the final say on whether to consider an amicus brief.

Highlights of the Amicus Curiae

Tapas Bhanja informed the division bench that 196 newborns were allegedly being held in various West Bengal jails. The bench was made up of Chief Justice TS Sivagnanam and Justice Supratim Bhattacharya. The report that amicus curiae Tapas Bhanja filed to the Calcutta High Court, highlighted:

Bhanja claimed to have discovered 15 women children, 10 male children, and 5 children in jail.
According to the study, several of the prisoners gave birth within the prison, noting that "medical infrastructure is thoroughly lacking" and that "proper medicinal supplies and equipment were lacking."
The research highlights the issue of overcrowding in women's wards, specifically at the Alipore Women's Correctional Home and Dum Dum Central Correctional Home.
Dum Dum Central Correctional Home had identified 400 women prisoners in total.
It states that 90 of the women prisoners were moved from the Women Correctional Home, Alipore, as a result of overcrowding.

Statement by the IPS officer of West Bengal Correctional Services

According to him, if a mother who has a child under the age of six is arrested, the child gets to stay with the mother.
Children under the age of six are permitted to stay in jail with their mother.
However, he said that he is not aware of any cases of women becoming pregnant in prisons. That is improbable. He will undoubtedly investigate if it comes to his attention.

Order by the Calcutta High Court

The Calcutta High Court bench reinterpreted Bhanja's argument that women prisoners are becoming pregnant while they are being held in custody and that now, up to 196 children are being kept in various West Bengal jails. Bhanja has also recommended to the court that male staff members of correctional facilities be prohibited from going inside the cells housing women prisoners.
The case is currently pending before a different division bench of the High Court.
On Monday, the topic of discussion is probably going to be heard.

A comprehensive and gender-responsive approach must be taken to tackle the complex and diverse problem of women getting pregnant while imprisoned. By putting pregnant prisoners' health, safety, and decency first and addressing the fundamental barriers they encounter in the justice system as a whole, we can move towards a better and more harmonious society that's beneficial to all.

Sharks of Law is a one-stop legal destination of various legal trending news. You can scroll through various news updates at your own convenience. To get more such blogs to keep yourself updated stay tuned with Sharks of Law.

Email:-helpdesk@sharksoflaw.com

Help Desk:-+91-88770-01993