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Supreme Court expands scope of district committees to address pregnancies of women inmates

The Supreme Court on Friday resumed its hearing in the matter concerning conditions in prisons. Earlier, the apex court had taken suo motu notice of the alarming number of pregnancies occurring among women inmates in prisons across the country.

In its order today, the Court expanded the scope of the district-level committees, which are to be constituted by the states and Union Territories to alleviate the issue of overcrowding of prisons in India. At present, the committee is also required to address the aspect particularly related to female inmates holistically.

On February 9, the Supreme Court had taken suo motu cognizance of the alarming number of pregnancies occurring among women inmates in prisons across the country. The development follows a 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 Bench comprising Justice Hima Kohli and Justice A Amanullah are currently hearing a public interest litigation (PIL) aimed at tackling the overcrowding crisis in Indian prisons. The suo motu case is also being heard along with the former matter.

The Supreme Court on January 30 had ordered the establishment of district-level committees entrusted with evaluating the existing infrastructure in jails and determining the need for additional facilities following the Model Prison Manual of 2016.

The Court directed 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. The apex court also directed all the State Governments/Union Territories to file a Fresh Status Report by or before 05th April 2024.

Furthermore, the bench has directed that apart from the aforesaid members, a senior most lady judicial officer in the district may also be included as a member. It reasoned that this is being asked to ensure that available security measures, hygiene measures, health care infrastructure can be fairly assessed. It also ordered that the committee must include a superintendent of women’s jail, wherever possible.

The Supreme Court clarified that the date for filing the status reports by States and UTs will be the same and posted the matter for hearing on April 09, 2024.

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