Calcutta HC Flags Serious Lapses in Bengal Prisons, Seeks Time-Bound Report

The CSR Journal Magazine

The Calcutta High Court on Friday took a stern view of the condition of correctional homes across West Bengal, highlighting major concerns over custodial deaths, overcrowding, staff shortages, and the safety and healthcare of inmates, particularly women.

A division bench comprising Debangsu Basak and Md. Shabbar Rashidi issued a series of strict directives to the state government while hearing a case related to prisoner rights and prison infrastructure. The Court has sought a comprehensive and time-bound report addressing multiple issues.

Court seeks expanded data on custodial deaths

Expressing dissatisfaction with the state’s earlier submission, which covered custodial deaths only from 2022 to January 2026, the Court directed that the next report must include detailed records from January 1, 2016, to December 31, 2021.

Additionally, the bench ordered the submission of a complete district-wise list of custodial deaths—along with names and addresses of the deceased—from January 1, 2016, to January 31, 2026, to the Member-Secretary of the West Bengal State Legal Services Authority by July 31, 2026.

The Court instructed District Legal Services Authorities (DLSAs) to ensure timely compensation to the families of deceased inmates. Authorities have been directed to promptly identify legal heirs and facilitate disbursal, including assisting in opening bank accounts where required. The bench has also sought a progress update on compensation during the next hearing.

Highlighting a significant staffing crisis, the Court noted that out of 4,789 sanctioned posts in correctional homes, only 3,322 are currently filled, leaving 1,467 vacancies.

While the State Advocate General informed the bench that steps were being taken to address the shortfall, the Court directed the government to submit a clear recruitment timeline or roadmap in its next report.

Overcrowding in prisons under scrutiny

The issue of overcrowding also came under sharp criticism. According to official data, the state’s 61 correctional homes have a combined capacity of 21,929 inmates but are currently housing 23,886 prisoners.

The Court has asked the state to provide a definite timeline for constructing new correctional facilities and to outline long-term planning strategies to accommodate future population growth and a likely rise in inmate numbers.

The bench issued sensitive directives concerning the safety of female inmates. It sought clarification on whether separate entry and exit points for male and female inmates are under CCTV surveillance and whether dedicated, private spaces exist for the frisking of women prisoners.

HIV allegations taken seriously

During the proceedings, Amicus Curiae Tapas Kumar Bhanja alleged that several female inmates had tested HIV-positive while in custody. Taking serious note of the claim, the Court directed the state to provide detailed data on inmates suffering from such diseases and to outline the medical facilities and treatment measures being provided.

With multiple concerns raised across key areas, the Court’s directives signal intensified judicial scrutiny over prison administration in West Bengal. The matter is expected to be taken up again after the submission of the detailed report.

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