New Delhi: The Supreme Court on Friday acknowledged the concerning issue of female prisoners becoming pregnant while in custody within jails located in West Bengal. A bench consisting of Justice Sanjay Kumar and Justice Ahsanuddin Amanullah agreed to address the matter and requested senior advocate Gaurav Agrawal, previously appointed as amicus curiae by the apex court to assist in a case regarding overcrowding in jails, to investigate and present a report on the issue.

Lawyer Tapas Kumar Bhanja, appointed as amicus curiae by the Calcutta High Court in a 2018 suo motu case regarding prison overcrowding in West Bengal, informed a High Court bench led by Chief Justice TS Sivagnanam that certain female prisoners across various jails in the state were becoming pregnant, resulting in the birth of 196 babies within these facilities. Bhanja also provided a written document addressing various concerns, including the issue of female prisoners conceiving while incarcerated, along with suggestions to mitigate the problem. The High Court bench acknowledged Bhanja's submissions, highlighting the gravity of the issues raised, and decided to transfer the matter to a criminal division bench for further adjudication.

To address the problem of female prisoners becoming pregnant in jails, Bhanja proposed a complete ban on male jail staff entering the areas designated for women prisoners. In 2018, a division bench of the High Court, under the leadership of the then Chief Justice, initiated a suo motu case regarding overcrowding in correctional facilities in West Bengal. Subsequently, all related cases on this matter were consolidated under this suo motu motion and were being jointly heard in the High Court.

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