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Calcutta HC rejects plea for mandatory pregnancy tests on women prisoners

  • The Calcutta HC rejects a plea for mandatory pregnancy tests on women prisoners, citing invasion of privacy
  • The court compares the proposal to punishing women for street harassment and emphasizes prisoners' right to be treated with respect
  • Justice Bagchi asserts that a pregnancy test should only be conducted with the woman's consent, avoiding unnecessary intrusion

21 Feb 2024

Calcutta HC rejects plea for mandatory pregnancy tests on women prisoners

The Calcutta HC, in a significant ruling on Tuesday, rejected a plea seeking compulsory pregnancy tests for women prisoners in West Bengal. The court argued that such a mandate would infringe upon the privacy of female inmates who are still awaiting trial. Drawing parallels, the court likened the proposal to punishing women for street harassment, emphasizing that prisoners, like any other individuals, have the right to be treated with respect. This stance was reiterated by the high court twice during the hearing.

The court's decision came in response to a case presented by Tapas Bhanja, the High Court's amicus curiae, who pointed out instances of women prisoners getting pregnant while serving their sentences. The proposal for mandatory pregnancy tests arose during the hearing on Tuesday, with Justice Bagchi stating that any intrusion into a woman's privacy should be limited to what is necessary for her stay in jail.

The court firmly asserted that a pregnancy test should only occur with the woman's consent, highlighting the importance of respecting the rights of individuals, even those suspected of a crime.

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