Giving birth in jail would be traumatic, will impact child: Delhi HC
Therefore, the court granted three-months interim bail to a woman accused of physically assaulting a couple for marrying against the wishes of the family.
Giving birth to a child in custody would not only be traumatic for the woman but also impact the child adversely, the Delhi high court said as it granted three-months interim bail to a woman accused of physically assaulting a couple for marrying against the wishes of the family.
The woman sought six months interim bail on account of her pregnancy.
According to the FIR filed against the woman and 20 of her family members, the accused abducted the couple on December 22, 2021, a day after they married without their consent. The accused assaulted the man, amputated his private part with an axe and stabbed him.
The man was later thrown into a drain, from where he was rescued by his brother.
The prosecution opposed the accused woman’s bail application saying that the women of the house played an active role in the crime.
The accused family also wrongfully confined the victim woman between December 22, 2021 and March 6, 2022, the prosecution said.
The public prosecutor contended that 16 members of the same family have been arrested while three of them are still absconding, adding that two others family members have also been charge-sheeted without arrest.
While granting interim relief to the accused woman, justice Anoop Kuman Mendiratta on August 18 said that every woman deserves the dignity enshrined in the Constitution during motherhood.
The judge said that while the gravity of the offence and its impact on the society is to be considered, the pregnancy of a woman is a special circumstance which needs to be appreciated.
“Pregnancy of a woman is a special circumstance which needs to be appreciated, as giving birth to a child while in custody, would not only be a trauma to the mother but also create an everlasting adverse impact on the child, whenever questioned about his birth. Every pregnant female deserves the dignity enshrined under Article 21 of the Constitution of India during motherhood,” the judge noted..
The court said that it is expected to take note of the interest of a child, who cannot be expected to be exposed to the prisons, until and unless there is a grave danger in releasing the accused on bail.
“…since the petitioner is a pregnant woman and is expecting the delivery, she deserves to be enlarged on interim bail for a period of three months from the date of release on furnishing a personal bond in the sum of ₹20,000/- with one surety in the like amount to the satisfaction of the trial court/MM/duty MM. Further, during the period of interim bail, the petitioner shall not directly or indirectly threaten, influence or interact with the prosecution witnesses,” the court noted in its order.