A bench of Justices Gita Mittal and Anu Malhotra observed that the status of women prisoners was extremely "sad and unfortunate".
"In several cases involving women prisoners, we are coming across the fact that, apart from the punishment awarded by law, they are suffering a fate worse than just their incarceration.
"One in which their pain would be endless and knows no reprieve, one for which there can be no legal intervention or legal remedy. This is the punishment inflicted not only on the woman prisoner but may even extend to her spouse and children by their relatives, friends and society," the bench noted.
The high court, however, acquitted her due to lack of evidence in the case.
While ordering her release of the convict, the bench noted that as a result of the imprisonment of appellant, the first thing that resulted was her complete abandonment by in- laws and husband.
"We, however, find that in cases where the man of the family has been accused, or even stands convicted, of extremely gruesome and heinous offences, the entire family rallies around him.
The high court in its 89-page judgement issued a slew of
direction and suggetions to the authorities concerned.
It is high time that robust programmes involving women prisoners, especially those not educated and from economically weaker sections, must be developed in the jails, it said.
While suggestions towards encouraging development of linguistic skills and stenography (which require hardly any financial or infrastructure investment) have been taken up, these need to be taken up more vigorously.
Given the pressures of today's lifestyles and longevity of life, there is pressing need for geriatric caregivers and para-nursing assistance which are not capital or infrastructure-intensive activities, it said, adding even illiterate prisoners can be imparted skills in such areas which could provide crucial economic opportunity.
These are financially viable options requiring no infrastructure and deserve to be considered, the court said.
The jail, social scientists, NGOs, legal aid authorities and the governments must educate society on these aspects and ensure that this disproportionate impact of incarceration of women is minimised and even eradicated.
It must be ensured that having undergone (or while undergoing) their sentences, this group of completely marginalised women do not suffer at the hands of society.
