Section 69 in The West Bengal Correctional Services Act, 1992
69. Confinement of female prisoner with child.—
(1)If a woman is arrested on a criminal charge and is confined in a correctional home as an under-trial prisoner or convicted prisoner and has a child who has not attained the age of six years, she shall be allowed to retain the child with her in the correctional home till the child attains the age of six years unless of her husband or any other relative offers to maintain the child during the period of her confinement in the correctional home.(2)The Superintendent shall be responsible for proper care and nourishment of the child retained in the correctional home under sub-section (1). When the child attains the age of six years during the term of imprisonment of the female prisoner, the child shall be given to her husband or, in his absence, to any other relative according to her choice. In case the husband or other relative does not accept the child, the Superintendent shall send a notice to the Commissioner of Police or the District Magistrate, as the case may be, who shall make arrangement for the custody of the child in consultation with the Director of Social Welfare, West Bengal.(3)If a child is born of a female prisoner in a correctional home, the Superintendent shall make all hygienic arrangements as are necessary, both for the mother and the child, provide facilities for the performance of such ceremonies as are customary to the community to when the female prisoner belongs, and grant such amount to meet the cost of the ceremony as may be prescribed.
