Pregnant prisoners should not be subjected to second round of victimisation through court process: Calcutta High Court

The Calcutta High Court on Tuesday cautioned against making any unnecessary imputations in court against pregnant women prisoners in correctional homes or jails in West Bengal, which could affect their reputation and dignity..Such women should not be subjected to any “secondary victimisation” through a court process, observed Justices Joymalya Bagchi and Gaurang Kanth.“We would request all parties concerned, particularly counsel, not to divulge identity (of pregnant women prisoners) or other particular which may lead to lowering of dignity and respect of women. Whatever it may be, they are already victims. They may be in correctional homes for some crime but they are to be treated in a way they can be rehabilitated back in society,” said the Court..Notably, a submission made by an amicus curiae before the High Court suggesting that women inside West Bengal’s prisons were getting pregnant while in jail had recently caused an alarm.After the High Court, the Supreme Court had also taken serious note of this allegation. However, the Supreme Court was later informed that most of the women prisoners were already expecting when they were brought to the jails..On Tuesday, the High Court expressed concern over the privacy and dignity of such pregnant women prisoners. It also refused to consider a suggestion made by the amicus to make the women prisoners compulsorily undergo a pregnancy test before entering the jail. “The extent of intrusion into her privacy will be commensurate with the necessities of her detention. If she wishes, there must be a voluntary agreement to a pregnancy test. We don’t propose unnecessary intrusions into privacy just because someone is a suspect and has been brought as an undertrial,” the Court said..It added that the system would have to protect persons who appear to be vulnerable among the prison population. At the same time, such prisoners cannot be made objects of excessive surveillance, the Court observed. “It is like saying ‘there are catcalls on the street, lock up the women’. We don’t propose such a procedure. Don’t go for too excessive intrusive measures,” Justice Bagchi remarked..The Court was hearing a batch of petitions related to the condition of prisoners in West Bengal’s correctional homes. A division bench headed by Chief Justice TS Sivagnanam had recently referred the matter to a bench headed by Justice Bagchi after the submission regarding pregnant women prisoners was made..In yesterday's hearing, a counsel took exception to the way this issue was presented before the Court. “Let all these not go up on social media at the instance of amicus. It cuts a very sorry figure. The judiciary is brought to ridicule,” he said.However, the bench headed by Justice Bagchi observed that it would be loath to pass any gag order as the Court believes in open justice.It also advised the lawyers appearing in the matter to make their comments responsibility. “Having said that, constructive criticism of the State and judiciary is always welcome,” the Court added..Referring to the amicus's submission regarding pregnancies among women prisoners, The Court also expressed hope that the amicus had made his earlier submission regarding pregnancies among women prisoners on a reasonable belief that such pregnancies occurred within prisons. “We know the extent of what [work] you have done in prisons and we definitely intend to weigh in your experience and research. What we intend to say is let there be some degree of sobriety in the process of how we approach the problem,” the Court said..The Court added that nobody was denying the existence of the problem. It further commented that when an amicus makes a conclusive observation, it affects the entire judiciary process. “You have expressed a concern and we will look into the issue,” said the Court, adding that it would ask the State to indicate how many personnel, including men, are deployed outside the enclosure of women prisoners. .Meanwhile, Advocate General Kishore Datta informed the Court that the aspect of pregnant women prisoners was now pending before the Supreme Court. Therefore, the High Court sought a report on other issues related to the prisons. The Court also asked AG Datta to convene a meeting of all stakeholders including the amici curiae to address various issues relating to prisons in the State. “In the course of the meeting, broad issues to be addressed may be enumerated and placed before us for independent consideration,” said the Court, before adjourning the case to March 8.