A STUDY ON THE LAWS PERTAINING TO THE RIGHTS OF PREGNANT PRISONERS IN INDIA

The rights of women in India have been granted only after a long standing struggle and persistent
efforts still continue. The rights that are provided to any person should apply to all, irrespective of
their societal status. Thus, the rights guaranteed to a woman should be equally provided to all the
women throughout the country. In this light, the plight of pregnant prisoners are far worse than the
struggles faced by other women prisoners. Since pregnant prisoners constitute only 3 percent of
the total women prisoners, their rights face a systemic lack leading to gaps in the provision of their
required rights. The contemporary laws relating to prisoners’ rights have not been sufficient in
providing prenatal and postnatal safeguards to the pregnant prisoners. Since there are no specific
laws or rules relating to the rights of the pregnant prisoners, the judiciary has played its active role
in safeguarding these rights to the vulnerable group. The rights guaranteed to pregnant prisoners
not only ensures their rights but also the rights of the unborn child. This article through a doctrinal
study aims to bring out the laws through which the rights of the pregnant prisoners are provided in
India. It also tends to provide suggestions for the improvement of the conditions of pregnant
women prisoners.
Key Words: Pregnant prisoners, Unborn child, Rights, Prenatal facilities, post natal facilities,
Judicial activism.