The Supreme Court in the case Re-Inhuman Conditions In 1382 Prisons v. Director General of Prisons and Correctional Services and Ors observed and has resumed its hearing in the matter relating to conditions in prisons.
The court in the case has taken the suo motu notice of the alarming number of pregnancies occurring among women inmates in prisons across the country.
The bench comprising of Justice Hima Kohli and Justice A Amanulla in the case observed wherein the a public interest litigation, PIL is moved to tackle the overcrowding crisis in Indian prisons. Thus, given this, the suo motu case is also being heard along with the former matter.
The court in the case expanded the scope of the district-level committees, which are to be constituted by the States or UTs to alleviate the issue of overcrowding of prisons in India.
Therefore, the court stated that now the committee is also required to address the aspect particularly related to female inmates holistically.
The Supreme Court took the Suo motu cognizance of the alarming number of pregnancies occurring among women inmates in prisons across the country on February 09, 2024.
The said 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. The court in its order dated January 30 stated that 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.
Further, 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. It has also been directed by the said court that all the State Governments or Union Territories to file a Fresh Status Report by or before 05th April 2024.
The bench in the case observed and has directed that apart from these members, a senior most lady judicial officer in the district may also be included as a member.
Thus, the court reasoned that this is being asked to ensure that available security measures/ hygiene measures/ health care infrastructure can be fairly assessed. Further, the court directed that the committee must include a superintendent of women’s jail, wherever possible. The court in its order stated that 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 January 30, 2024, who being the 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 or women barrack wherever possible.
The court in the case issued the notice.
The court while considering the facts and circumstances of the case clarified that the fixed for filing the status reports by States and UTs will be the same.
Accordingly, the court listed the matter for further consideration on April 09, 2024.