Assam : Gauhati HC; if women prisoners with kids can be freed

In an order by the Gauhati High Court, a women prisoners list living with their children needs to be prepared and forwarded to a high-powered committee to assess if it is possible to released them due to the second wave of COVID-19 pandemic.

Chief Justice Sudhanshu Dhulia and Justice Achintya Malla Bujor Barua after hearing a suo moto public interest litigation on Wednesday directed the Assam government and the High Court Registrar (Judicial) to submit the list in front of the committee to decide on the release of the prisoners.

On May 11, the court issued an order to prepare a list of women jail inmates that was submitted having details of those under trail or convicted women having small children with them.

The order stated, “On enquiry, we have found that these children are not juvenile in conflict with the law, but they are in jail since they are less than six years of age and as per the Jail Manual, they are allowed to stay with their mothers who are in jail”.

The court stated that a ‘High-Powered Committee of the Gauhati High Court is already in place and has drawn certain principles on which jail inmates have to be released on temporary bail for three months or so due to the pandemic.

“…it would be in the best interest of everyone that this list be forwarded to the said High Powered Committee which shall look into this aspect and examine whether any of the inmates who are in the list can be released under these special circumstances of COVID-19 pandemic,” the order said.

May 28 has been selected for further hearing on the matter by the court.