Expectant mothers need bail, not jail: Himachal Pradesh High Court

Legal Correspondent

Shimla, July 27

Expectant mothers need bail, not jail! Courts must restore the due and sacrosanct freedom of women in motherhood. Even when the offences are highly grave and accusations severe, they still deserve temporary bail or suspension of sentence, extending to a year after delivery.

This was held by the High Court while dealing with a bail petition filed by an expectant mother, apprehending her arrest on the allegations of conspiring with her husband in substance trade.

Justice Anoop Chitkara observed: “Taking birth in a jail could possibly be such a trauma to the child that social hatred may follow, potentially creating an everlasting impact on the mind whenever questioned about birth.”

Granting bail to the expectant mother, the court observed: “Good and nutritious food in prisons may give good physical health but cannot substitute good mental health. Restrains and confined spaces may cause mental stress to an expectant mother. Giving birth in jail may cause her tremendous trauma. What difference will it make to the state and society by not postponing incarceration? What is so urgent to execute the sentence? Heavens will not fall, if incarceration is postponed.”

The court held: “There should be no restraints throughout pregnancy, no restraints during labour and delivery, and no restraints at least for a year after giving birth. Every expectant mother deserves dignity during motherhood. Further, those who stand convicted and their appeals closed also deserve similar relief, in whatever camouflage it may come.”

The allegations against the bail petitioner was that on the midnight of November 29, 2020, the Damtal police received a secret information that Dharminder alias Govinda (husband of the petitioner) had received a large quantity of psychotropic substances, which he had concealed in his house. During search, the police had recovered 259 grams of heroin and 713 grams of tablets containing tramadol, the quantities of both drugs falling in the commercial category. It was alleged by the prosecution that bail petitioner was also involved with her husband in this offence.