KOLKATA: "Absolutely no,"
Calcutta High Court
said on Tuesday, dismissing an amicus plea to make pregnancy tests compulsory for all
women prisoners
in Bengal, saying one could not propose "unnecessary intrusions" in someone's
privacy
just because she was an
undertrial
.
"It is like saying lock up women because there are catcalls on the streets," the division bench of justices Joymalya Bagchi and Gaurang Kanth, hearing a PIL relating to problems in the state's prisons, said.
Prisoners, too, had the right to dignity, the high court said, stressing twice during the hearing that there should be "no secondary victimisation in the
judicial process
."
On Feb 8, the HC's amicus curiae, Tapas Bhanja, had submitted that women prisoners were getting pregnant while behind bars. Supreme Court had taken cognizance of the allegation the following day.
On Tuesday, while the bench was hearing the PIL filed by the amicus, the suggestion for mandatory pregnancy tests came up, provoking a strong reaction from the bench. "Listen, a lady is coming as an undertrial. The extent of intrusion in her privacy will only be commensurate with the necessities of her detention," Justice Bagchi said. "There must be a voluntary agreement to a pregnancy test. We cannot propose unnecessary intrusions in her privacy just because she is a suspect and has been brought as an undertrial."
The division bench of justices Joymalya Bagchi and Gaurang Kanth said the prison inmates should not be made "objects of excessive surveillance.... We would propose not to go for too excessive restrictions. Let us follow the law proportionally. If less intrusive measures can achieve results, we would love to follow that course.... Let there be no secondary victimisation in the judicial process".
When state advocate general Kishore Dutta urged the court to stop comments on pregnancies in prison because that had a rippling effect in society, including on the children, the HC said: "This bench is very loathe to impose any gag order because we believe in open justice. We also believe that the officers of the court will be responsible not to make comments which will bring down the majesty and dignity of the judiciary. However, having said that, constructive criticism - be it of the state, be it of the judiciary - is always welcome."
The HC asked Dutta to convene a meeting of all stakeholders, all amicus curiae, civil body lawyers, legal aides and the HC administration and identify the problems, to be taken up one by one by the bench.
"Imputations made about pregnancies of women who are in custody may impact the reputation, dignity of those women," Justice Bagchi said. "We would request all parties concerned, especially representatives and counsels who are participating in this judicial process, not to divulge ide-ntity or any other particulars which may lead to lowering the dignity or respect for these women."
English (US) ·