PremiumJustice Anoop Kumar Mendiratta said that giving birth to a child in police custody will be traumatic for the mother as well as will have an everlasting adverse impact on the child.
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The Delhi High Court, while granting three-month interim bail to a pregnant woman who is accused of kidnapping and an attempt to murder, said that every pregnant woman deserves the dignity guaranteed by the Constitution of India during motherhood, according to news agency PTI.
Justice Anoop Kumar Mendiratta said that giving birth to a child in police custody will be traumatic for the mother as well as will have an everlasting adverse impact on the child.
In its order dated August 18, the court as quoted by PTI said that pregnancy is a special circumstance that needs to be appreciated and every pregnant woman deserves dignity under Article 21 of the Constitution during motherhood.
"The court is expected to take note of the interest of a child, who is not expected to be exposed to the prisons, until and unless there is a grave danger in releasing the petitioner on bail," it stated.
"The criminal law provides that the conditions for not releasing a person on bail shall not apply when the person is under the age of 16 or is a woman, or is sick or infirm. The prison rules also stated that as far as possible, the arrangements for temporary release will be made to enable an inmate to deliver in a hospital outside the jail," it added.
The Delhi High Court also recorded that as per medical reports, delivery facilities are also not available in the concerned jail and the petitioner was being referred to Deen Dayal Upadhyay Hospital for delivery.
The court ordered that since the petitioner is a pregnant woman, 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 be the satisfaction of the learned trial court.
Opposing the petitioner's plea for an interim bail for six months on the grounds of pregnancy, the prosecution said that the pregnancy of a woman undertrial prisoner itself was not a ground on the basis of which an accused involved in a heinous offense can be enlarged on bail and there was a high-security risk to the lives and safety of the victims.
(With PTI inputs)