The Simla High Court was hearing a bail petition filed by an expectant mother, apprehending her arrest on the allegations of conspiring with her husband in substance trade. In the order delivered Saturday, Justice Anoop Chitkara batted for pre-arrest bail and suspended sentences for pregnant women to save them from the trauma of giving birth in prison.
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.”
In its 16-page judgement, the single-judge bench observed that being born in a prison could potentially create “an everlasting impact” on the mind of the child, whenever questioned about the birth.
Photo by Anna Hecker on Unsplash
