Women prisoners undergoing trial for offences contrary to law:

The Delhi High Court was informed that several women prisoners in Tihar Jail are undergoing trial for offences such as rape and gangrape, which is completely contrary to law.
The submission by the expert members were made before a bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar, hearing a plea initiated on its own in pursuant to a letter received from Supreme Court judge Kurian Joseph.
Justice Joseph had received an appeal from 612 women prisoners from Tihar Jail, complaining of overcrowding in Jail No. 6 where they were lodged, delay in disposal of their cases and their non-release on bail if they are unable to fulfil conditions of bail bonds.

They had also brought to the notice of the apex court the fact that children aged six years or more were being kept away from their mothers.
Justice Joseph had then requested the Chief Justice of the high court to take up the matter appropriately so that the cry for justice is answered in accordance with law with the promptitude with which a mother responds to the cry of her child.
Taking note of this, the bench had appointed Mrinal Satish and Aparna Chandra of National Law University as expert members to assist the court on the issue.

The members were then apprised of certain sensitive issues regarding women prisoners lodged in Jail No. 6.

Satish pointed out that charging of these prisoners with offences such as rape "is completely contrary to law".
He has informed that several women prisoners in Tihar Jail are undergoing trial for offences such as rape under Section 376(1), kidnapping with rape, gangrape, kidnapping with gangrape and voyeurism under Section 354(c) of Indian Penal Code (IPC).
This information, he submitted, has been obtained from the charge sheets available with prisoners or warrants issued to the Tihar Jail by the court.
To this the bench opined that the two expert members should be given access to the records of the trial courts.

"Time is sought to place details of these prisoners and the cases in which they have been implicated in order to facilitate this court to pass a meaningful order in this case. Let such information be filed before the next date of hearing, January 15, 2018," the bench said.