“Justice delayed is justice denied, but justice disregarded, especially for women and children, is a grievous injustice.” – Justice Krishna Iyer

Introduction

The plight of pregnant women prisoners in India represents a critical, yet often overlooked, issue within the country's criminal justice system. Despite constitutional guarantees of equality, dignity, and justice, pregnant women prisoners face draconian challenges, including inadequate healthcare, poor living conditions, and systemic abuse. The issue is compounded by the inadequacies in policy implementation, despite judicial pronouncements and legal provisions aiming to protect them. This article explores the severity faced by pregnant women in Indian prisons, the role of judicial intervention, and offers policy recommendations to address these concerns.
Challenges Faced by Pregnant Women Prisoners

Inadequate Hospital facilities

There is insufficient healthcare provided in prisons for pregnant inmates. Pregnant women are often ill-equipped to handle specific medical needs in many prisons across India. A 2018 National Commission for Women (NCW) report states that only 18% of prisons in India have sufficient medical facilities for pregnant women. What is more, many prisons do not have gynaecologists or obstetricians, and women prisoners are often compelled to rely on occasional visits by general practitioners, who are usually not well-trained to deal with pregnancy-related issues.
In R.D. Upadhyay v. State of Andhra Pradesh (2006), the Supreme Court of India laid down guidelines buttressing the requirement for proper medical support for pregnant women in custody, including the provision of skilled healthcare professionals. However, implementing these directives remains inconsistent across states, with most prisons continuing to operate without basic medical infrastructure.

Nutritional Deficiencies

Nutritional deficiencies are rampant in pregnant women who are incarcerated in prisons. A socio-legal study of women prisoners in India in the year 2023 highlights that many of the Indian jails do not provide adequate nutritional support to pregnant inmates. Most prisons don't follow nutritional guidelines in prison manuals, which are meant to meet the dietary requirements of pregnant women, as per the study.
The Prisoners’ Act (1900) and the Prison Manual prescribe adequate nutritional requirements for pregnant women; however, these mandates face frequent violations due to other complexities like overcrowding and underfunding. All this eventually leads to more aggravating complications for women, such as anaemia, preeclampsia and premature labour, jeopardising the health of both the mother and the child.
Living Conditions
The other major problem found in most Indian prisons is overcrowding, which mostly affects women prisoners, especially pregnant women who need special care for themselves, like clean and calm conditions, which is why they need a maternity hospital. However, most women's prisons in India are under capacity constraints, pregnant inmates often have to share cells with other women, including those convicted of heinous offences. Such conditions make them susceptible to infectious diseases and also mental agony.
According to the Prison Reform Committee report published in 2019, 22 per cent of the prison population in India is overcrowded and some women’s prisons are functioning at twice their capacity. This is further exacerbated by the fact that many prisons do not have special wards for pregnant women and this deteriorates their health besides endangering the lives of newborns.

Psychological Stress

No doubt pregnant women prisoners endure painful experiences physically, but the most detrimental part is the psychological toll on their mental health. Since women who become incarcerated while pregnant are socially rejected by their families and communities, they experience high levels of stress and depression. In some cases, they face severe trauma due to the fact of giving birth in prison.
The study conducted by India Justice Report (2020) surveying the currently incarcerated women showed that 40 per cent of women have mental disorders, of which anxiety and depression dominate the list. However, despite these disturbing statistics, the psychological support for these women remains insufficient, culminating in further aggravation of their mental health.

Sexual Exploitation and Abuse

The exploitation of female prisoners is another grave issue. Instances of sexual violence in the prison are still being recorded with some inmates getting pregnant because of being raped by male members of the prison staff. For instance, a record of 196 births to female prisoners was disclosed from West Bengal prison in January 2023 through a petition filed in the Calcutta High Court.
The problem of the sexual exploitation of prisoners is made worse by the absence of punitive measures for the culprits who subject these women to gruesome atrocities. NHRC claims that the female prisoners who are sexually harassed by prison staff, such as culprits, have not been met with any strict action. Also, the lack of an effective grievance-redressing mechanism for women prisoners adds to their agony.

Judicial Interventions and Guidelines

R.D. Upadhyay v. State of Andhra Pradesh (2006)
The Supreme Court of India, through this historical decision, dealt with the rights of women prisoners, including pregnant ones. The Court ordered that prisons should ensure that their detainees are given proper medical attention, a balanced diet and a clean environment during pregnancy. Also in the same regard, the Court stated that prisons should permit female prisoners to go to hospital to give birth and no birth should take place in prison cells.
However, even after so many years of this ruling, these guidelines just remain on paper without any effective implementation. The Prison Reform Committee in a study conducted in 2018 discovered that only 10 per cent of prisons in India met the prescribed guidelines of the Supreme Court concerning pregnant female prisoners.
Safoora Zargar, a student activist who was pregnant at the time of her arrest during the COVID-19 outbreak, her story offers an evident testimony of the health hazards faced by pregnant women in Indian jails. Safoora was arrested under the (Prevention) Act and despite being pregnant, she was debarred from securing bail. Her case attracted considerable public concern and she was later freed on compassionate grounds. The Delhi High Court granted her bail, recognising the health risks posed to her during her pregnancy in prison.

Policy and Reform Recommendations
Enhanced Medical Care

Establish well-equipped medical units in all prisons with specialised gynaecologists and paediatricians.
Regular health screenings and prenatal check-ups should be mandatory for all pregnant inmates.
Improved Living Conditions
Provide separate wards for pregnant inmates to ensure privacy, comfort, and safety.
Prisons should comply with UN Rules for the Treatment of Women Prisoners (2010), which advocate for adequate housing and treatment facilities for women.
Nutritional Support
Implement nutritional programs that provide adequate meals, specifically tailored to the needs of pregnant women and lactating mothers.
Prisons should work closely with nutritionists to ensure the diets meet the requirements outlined in official guidelines.
Safeguards Against Exploitation
Ban male staff from entering female wards and introduce strict supervision protocols.
Develop confidential grievance redressal mechanisms to report and address cases of abuse.
Non-Custodial Sentencing
For non-violent offences, consider alternative sentencing such as house arrest or community service, especially for pregnant women and mothers.
The Bangkok Rules (2010) advocate for non-custodial measures for women offenders, emphasising the need for an approach based on rehabilitation and reintegration.

Conclusion
The situation of pregnant women prisoners in India reveals the neglect of their unique needs by the justice system. While cases like R.D. Upadhyay and Safoora Zargar have made progress, the real challenge lies in implementing the mandates set by these decisions effectively. As Nelson Mandela said, “There is nothing more important than ensuring the dignity of every human being, regardless of their circumstance.”
In this context, it is clear that a holistic, gender-sensitive approach to prison reform is crucial—one that not only acknowledges the specific challenges pregnant women face in incarceration but actively works to safeguard their health, dignity, and rights. To meet its constitutional promises of equality and justice, India must ensure that reforms move beyond mere paperwork, resulting in real and lasting improvements in the lives of incarcerated women and their children. It is only through this commitment that the true spirit of justice and human dignity will be realised.

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