In a significant judgment that is liable to change the way mothers and even pregnant women are lodged in prisons, the Punjab and Haryana High Court has ruled that they are eligible for temporary bail or suspension of sentence for up to one year after delivery, even if the offenses are “very serious”.
New mothers deserve bail despite severity of offence: High Court
Justice Anoop Chitkara observed that suspension of custody of a mother for the sake of a child cannot be said to be cruel affecting the society. The verdict came after the division bench granted six months interim bail to a murder accused, who gave birth to a baby boy on April 10.
A prison is not only a shackle in terms of physical coercion, but also greatly compromises a child’s ability to form bonds and engage in appropriate social interactions, often confined only to female co-inmates.
Justice Chitkara laments the “baby” and post-partum depression often affecting new mothers. The imprisonment only added to the trauma. Moreover, denying bail to a “Jaccha” during antenatal care would not only be injustice to the new mother, but grave injustice to the newborn.
The decision is also significant because the United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders (Bangkok Rules), which was adopted by the General Assembly on December 21, 2010, prohibits custodial sentences for pregnant women.
Justice Chitkara observed that even though the jail facilities are considered to be top notch and excellent nutritious food is readily available, it is not sufficient to conclude the best possible environment. It may take care of the nutritional needs for the physical development of the child and aid in the recovery of the mother, but it has no effect on her social and emotional health. The child ends up in unnecessary confinement, restricting interaction with the world, inhibiting his or her ability to absorb and learn.
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