Bengal: 62 Jail Births In 4 Years, But Women Were Pregnant Before Entering Prison, Supreme Court Told

The application filed by Senior Advocate Gaurav Agarwal in the Supreme Court says that most women prisoners were already expecting at the time when they were brought to the jails in West Bengal.

The information received from ADG & IG Correctional Services of all child births in the West Bengal jails indicates that there were 62 children born in the jails in West Bengal during the last 4 years, Senior Advocate Gaurav Agarwal informed the Supreme Court. The application filed by Agarwal in the top court says that most women prisoners were already expecting at the time when they were brought to the jails in West Bengal. In some cases the women prisoners had gone out on parole and returned back expecting.

  

The application further attaches a table on data of the women with children in West Bengal's prisons. According to the last four years data, 11 of these women were deported to Bangladesh, while 12 others were either acquitted or released on bail. Also, out of the 181 children currently living in the state's jails,153 were brought with their mothers when they entered the prisons.

Agarwal also reached out to jail authorities in Rajasthan, Haryana and Delhi and found that in some places there are separate women jails and only women staff is allowed inside the jails. Men personnel are deployed only at the gates or periphery of premises. In rare cases, when there is a requirement of male doctor or visits by male officials, a women guard is always accompanying them. In other places there are women's barracks which are part of the jail complex, where also the same protocol is to be followed, the application said.

"However, it appears that such women barracks may need to be fully isolated and enforcement of security measures may have to be examined in detail." the application added.

The application further said that there is a need for a complete security audit of the women jails and women barracks in the country.

On February 9, the apex court had taken cognisance of the matter pertaining to women prisoners lodged in West Bengal’s correctional homes getting pregnant. The top court sought a report on the same from Senior Advocate Gauarv Agrawal who is appointed amicus curiae in the case. 

This came after the Calcutta High Court on February 8 was told that women prisoners in West Bengal were getting pregnant while under custody. In 2018, the high court appointed Advocate Tapas Kumar Bhanja as amicus curiae in a suo motu motion on overcrowding in prisons. Bhanja told the high court that there has been an alarming rise in such pregnancies and also suggested a ban on entry of male staff into women cells.  

According to prison rules, a child of less than six years of age can stay with the mother if she is arrested.

In his application, Agarwal has aslo made suggestions to the top court for prison reforms and has submitted that the senior most lady judicial officer in the district should assess the available security measures in women's jails or barracks, along with the senior most lady police officer in the district and Superintendent of the women's jails or women's barracks.

He has also suggested that these officials may also examine the availability of sufficient women personnel to maintain the security and welfare of women prisoners and also see to the availability of regular health checkups of women at the time of admissions and at periodic intervals.

He also suggested that a woman member of the child welfare committee should be involved in each district to examine the availability of creches and schooling in prisons for children living in jail.