Navigating Motherhood in custody: An examination of maternal health and right of pregnant women in the prison

ABSTRACT

The incarceration of pregnant women presents unique challenges in the Indian correctional system, raising critical concerns about maternal health, human rights, and prison administration. This research paper titled “Navigating Motherhood in Custody: An Examination of Maternal Health and Rights of Pregnant Women in Indian Prisons,” aims to explore the legal and administrative frameworks that govern the treatment of pregnant inmates. Despite significant reforms, there are gaps in ensuring the holistic well-being of pregnant women and infants in custody. The first issue examined in this paper addresses the limitations of the Bharatiya Nagrik Nyaya Sanhita (BNSS), which, though a replacement for the Criminal Procedure Code (CrPC), does not offer substantial improvements in safeguarding the specific rights of pregnant prisoners and overlooks various aspects of it which might result in confusion and might also lead to decision which could drastically alter the outcome of a case. The second issue highlights the shortcomings of Chapter 24 of the Model Prison Manual, particularly its failure to provide adequate guidelines for maternal healthcare, childcare, and postnatal care within prison facilities which does lead to issues faced by the pregnant women and also to women in general in the prisons of India. The third issue, often overlooked, is the absence of comprehensive mental health support for pregnant inmates, which exacerbates the psychological burden they face. This research draws on case laws, statutory provisions, and standards to argue that mental health services, alongside medical care, must be integral to prison administration to meet the needs of pregnant women in our prisons and to progress to do the necessary improvements. By analyzing these issues, this paper calls for urgent reforms that prioritize maternal rights, improve healthcare infrastructure, and create a more humane correctional environment for incarcerated mothers and their children.