NEW DELHI: The Delhi High Court granted a pregnant woman, accused of kidnapping and attempted murder, a three-month interim bail, stating that every pregnant woman deserves the dignity provided by the Constitution through out pregnancy.
Giving birth to a child while in custody would not only be stressful for the mother, but also have a negative effect on the kid, according to Justice Anoop Kumar Mendiratta.
“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 court said in its order dated August 18.
When deciding whether to release the petitioner on bond, “the Court is expected to take care of the interest of a youngster, who is not supposed to be exposed to prisons,” it added. The court stated that under the criminal code, a person under the age of 16, a woman, or someone who is ill or infirm is exempt from the requirements that prevent them from being released on bail for certain crimes.
The jail rules also stipulate that, whenever possible, plans will be made for a short release to allow a prisoner to give birth in a hospital outside of the facility, it was stated. The petitioner was directed to Deen Dayal Upadhyay Hospital for delivery, the court also said, because there are no delivery facilities in the relevant jail, per the medical report.
“Since the petitioner 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 Rs 20,000/- with one surety in the like amount to the satisfaction of the learned Trial Court,” the court ordered.