The Calcutta High Court on Thursday ordered transfer to a criminal division bench of a matter in which the amicus curiae claimed that some women prisoners lodged in West Bengal's correctional homes were getting pregnant and 196 babies were staying at different such facilities.

Lawyer Tapas Kumar Bhanja, who was appointed amicus curiae by the court in a 2018 suo motu motion on overcrowding in prisons, submitted a note containing these issues and suggestions before the division bench presided by Chief Justice T S Sivagnanam.

Observing that the note pointed to "certain serious issues", the bench said it stated that women prisoners are getting pregnant while in custody.

The note by the amicus curiae stated that there are as many as 196 babies staying in different prisons of West Bengal.

Bhanja suggested prohibition of entry of male employees of correctional homes into the enclosures of women prisoners.

He submitted before the division bench, also comprising Justice Supratim Bhattacharya, that a copy of the note has been served in the office of the Advocate General of the state.

"In order to have an effective adjudication of all these matters, we deem it appropriate that the matter should be placed before the Hon'ble Division Bench having criminal roster determination," the court directed.

The Chief Justice directed that the matter be placed before him for appropriate orders in this regard.

A division bench presided by the then Chief Justice of the high court had in 2018 initiated a suo motu motion on overcrowding in correctional homes in the state.

Some related matters which were filed earlier and later were also tagged with the motion and are being heard together.

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