Jail Atmosphere Would Certainly Impact Mother & Child: Bombay HC Grants Six Months' Bail To Pregnant Prisoner
The Bombay High Court granted six months' bail to a pregnant prisoner to allow her delivery outside of jail, emphasizing that giving birth in the prison environment would adversely affect both the mother and the child.
A bail application was filed by a woman arrested under the stringent Narcotic Drugs and Psychotropic Substances (NDPS) Act.
A Bench of Justice Urmila Joshi-Phalke acknowledged, “It is true that the applicant can be treated at the Government Hospital for the said purpose (delivery). However, delivering child during pregnancy in jail atmosphere would certainly impact not only on the applicant but also on child, which cannot be lost sight of."
The Court highlighted that every individual, including prisoners, is entitled to dignity, and that humane considerations must be taken into account when deciding on matters like childbirth. It said, "Delivering child in prison may have consequence on mother as well as child and, therefore, humane considerations are required,"
Advocate MV Rai appeared for the applicant, while Additional Public Prosecutor SV Narale appeared for the Respondent.
The Court noted that the woman, who had been arrested on April 30, 2024, for possessing over 7 kg of ganja, was pregnant at the time of her arrest, with her delivery now imminent. The Court further observed that the prisoner was experiencing complications in her pregnancy, which would require her to be treated in a private hospital for a safe delivery.
Despite acknowledging that there was prima facie evidence against the woman, including the commercial quantity of drugs she was found with, the Court referred to the Supreme Court’s guidelines from the case RD Upadhya vs. State of Andhra Pradesh, which address the issue of childbirth in prisons. The Court said, "There is a prima facie material. Yet, in the light of guidelines issued by the Apex Court, few factors are to be taken into consideration that release of the applicant does not pose a high security risk and would not cause any prejudice to the investigation though there is a rigour under section 37 of the NDPS Act. However, considering circumstances, the application to release the applicant on temporary bail deserves to be considered on humanitarian ground,"
The bail was granted for a period of six months, taking into account the circumstances and the woman’s health needs.
Cause Title: Surbhi v. State of Maharashtra, [2024:BHC-NAG:12842]
