LI Network
Published on: February 16, 2024 at 14:40 IST
The Supreme Court, in its hearing extended the responsibilities of district-level committees aimed at addressing the issue of overcrowding in Indian prisons.
This move comes in response to the Court’s suo motu notice last week concerning the growing number of pregnancies among women inmates nationwide.
The order expands the scope of the district committees, originally established to mitigate prison overcrowding issues, to comprehensively address the specific challenges faced by female inmates, particularly those related to pregnancies and related health measures.
The Supreme Court took suo motu cognizance of the rising instances of pregnancies among women prisoners on February 9, prompted by a plea before the Calcutta High Court highlighting the alarming trend of women prisoners becoming pregnant while in custody in correctional homes across West Bengal.
The ongoing proceedings, presided over by Justices Hima Kohli and A Amanullah, involve a public interest litigation (PIL) aimed at addressing the overcrowding crisis in Indian prisons.
The suo motu case is being heard alongside the PIL.
In an earlier order on January 30, the Supreme Court mandated the creation of district-level committees responsible for assessing existing jail infrastructure and identifying the need for additional facilities, following the Model Prison Manual of 2016.
The Court specified that these committees would comprise the Principal/District judge (Chairperson of the District Legal Services Authority), Member Secretary (DLSA), District Magistrate, Superintendent of Police, and Superintendent(s) of Jails. The State Governments/Union Territories were directed to submit a Fresh Status Report by April 5, 2024.
In the recent order, the Court added that, in addition to the mentioned members, the senior-most lady judicial officer in the district should also be included to ensure a fair assessment of available security measures, hygiene measures, health care infrastructure, and the welfare of women prisoners. The committee is further required to include a superintendent of women’s jail, wherever possible.
The order reads: “…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 30th January 2024, a senior-most lady judicial officer in the district may be included as part of the committee to give a fair assessment of the available security measures/ hygiene measure/ health care infrastructure/ welfare of women prisoners in jails/ barracks in each district. The said committee shall also include a superintendent of women jail/ women barrack wherever possible.“
The Court set April 9, 2024, as the date for filing the status reports by States and UTs, concluding the matter for now.
Case Title: Re-Inhuman Conditions In 1382 Prisons v. Director General of Prisons and Correctional Services and Ors., W.P.(C) No. 406/2013