Human Rights panel seeks mandatory pregnancy tests in all women’s jails after Alipore pregnancy fiasco

The West Bengal Human Rights Commission is pushing for mandatory pregnancy tests for all women inmates across the state's correctional homes. This move follows the implementation of such testing at the Alipore Women’s Correctional Home, where the procedure has already been introduced. The Commission aims to expand the initiative across all women’s jails in the state to standardize health monitoring protocols for female prisoners.

Jyotirmay Bhattacharya, Chairperson of the State Human Rights Commission and retired judge of the Calcutta High Court, stated that he would soon write to the state government, urging it to make pregnancy tests compulsory for all women inmates. He said the tests should be conducted when prisoners enter a correctional home, are released on parole, and upon their return from parole. The Commission is also recommending that a sufficient stock of pregnancy test kits be maintained in all facilities to ensure timely and regular testing.

This proposal stems from earlier findings and judicial interventions. In 2017, following a directive from the Supreme Court, the Calcutta High Court took suo motu cognizance of the condition of correctional homes in the state. The court appointed a lawyer to inspect all such facilities and submit a detailed report. That report revealed several concerning facts, including cases of pregnancies among women inmates, which triggered judicial scrutiny and administrative actions.

Following the report, the Calcutta High Court prohibited the entry of men into women’s correctional homes and juvenile shelters. The Supreme Court later asked all states to implement necessary safeguards. In line with these developments, the Human Rights Commission conducted visits to facilities such as the Medinipur Correctional Home and the Berhampore Mental Health Centre. The Chairperson confirmed that Berhampore was already following the pregnancy testing protocol.

Despite the Commission's recommendation, the state government has not yet issued an official response. Meanwhile, Professor Jaydev Majumdar, Director of the Jayaprakash Institute of Social Change, questioned the issue of consent, asking, “If a woman prisoner refuses to undergo the test, what will the law do?” The Commission has not commented on how it plans to address such scenarios if the proposal is approved and implemented.