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Decongesting the prisons - Directives issued by NCW for the female inmates in this lock down

Posted on: 23/Apr/2020 10:44:07 AM - No. of views : (3085)
Established in the year 1992, NCW or National Commission for Women has been playing its role by advising the government on all the policy matters affecting women. New Delhi is the headquarters for NCW is well known.

On Wednesday, 22nd April 2020, NCW issued an advisory notice to all State Director General and IG of Prisons. The notice was about the women wards in prisons and in the correctional homes in India. Point is NCW demanded the bail applications to be taken on priority basis for decongesting the prisons. 

It is important to note that the number of under-trial women prisoners languishing for a long period is very significant. By getting the women prisoners released on the bail would decongest the prisons and prompt legal action is important.

According to the NCW advisory, the issue of de-congesting the prisons should be taken up with SLSA or State Legal Services Authority or DLSA (District Legal Services Authority). The NCW advisory also wants the bail application (in respect of all women under trials) to be placed before competent court with positive recommendation from the prosecution side.

The NCW has even made it clear that in the cases, where the under trails have been charged with non bailable offences leading to penalty of death or life imprisonment, need to be processed for bail under Section 437(1), (2) of Cr. Pc. It is known that this Section provides special dispensation for women and children below 16 years of age in the grant of the bail.