Supreme Court Refers Question Of Bail Under UAPA vs Article 21 To Larger Bench; Grants Interim Bail To Accused Due To Prolonged Incarceration Absence Of Accused's Name In Inquest Report Not A Ground For Bail; Purpose Is Limited To Ascertaining Cause Of Death: Supreme Court Article 32 Jurisdiction Not For Those Who Refuse To Avail Remedies Provided By High Court: Supreme Court Dismisses Plea Of Odisha Sisters Mere Utilization Of Materials At Project Site Doesn't Create Liability Without Privity Of Contract: Orissa High Court Rejects Plaint Against Principal Employer SBI Negligent In Granting Large Loans Without Assessing Repayment Capacity; Harsh On Small Borrowers: Supreme Court Sarpanch Awarding Contracts To Husband’s Firm Constitutes Misuse Of Position; Disqualification Provisions Must Be Interpreted Expansively: Supreme Court Intra-Court Appeal Maintainable Against Single Judge’s Order Initiating Contempt Even If No Punishment Imposed: Supreme Court 60% Deduction For Development Charges Justified Even If Land Is Acquired For Setting Up Sub-Station: Supreme Court UAPA | Mere Statement Of Co-Accused Insufficient To Deny Bail If No Recovery Made; Constitutional Courts Must Lean Toward Liberty: Punjab & Haryana HC Contemporaneous Witness Account Of Assault Admissible As ‘Res Gestae’ Under Section 6 Evidence Act: Allahabad High Court Police Cannot Investigate Advocate’s Professional Misconduct, Bar Council Is Sole Empowered Body: Bombay High Court Quashes 'Malicious' FIRs Against Former SPP, Ex-CP PMLA Prosecution Can't Continue If Person Exonerated Of Predicate Offence After Full Investigation: Calcutta High Court NDPS Act | Section 42 Compliance Not Required For Search In Public Places Or Transit; Section 50 Applies Only To Personal Search: Chhattisgarh High Court Secondary Electronic Evidence Inadmissible Without Mandatory Certificate; Sending To FSL Before Deciding Admissibility Is Patent Illegality: Gujarat High Court Disciplinary Proceedings Initiated During Service Can Continue Post-Superannuation; Bank Officers Handle Public Funds In Trust: J&K & Ladakh High Court Orissa High Court Denies Bail To 17 Accused In Police Recruitment Paper Leak Scandal, Says Scam Corrodes Public Trust Co-Sharer Seeking Title By Adverse Possession Must Prove Clear Ouster And Date When Possession Became Hostile: Punjab & Haryana High Court

Punjab and Haryana High Court Grants Interim Bail to Mother Who Gave Birth in Custody, Emphasizes Importance of Maternal Care and Child Welfare

07 May 2024 8:19 AM

By: Admin


In a significant judgment, the Punjab and Haryana High Court granted interim bail to Reena Kumari, a mother who gave birth to a child while in custody. The court emphasized the crucial role of maternal care and the welfare of the child, highlighting the need to protect the rights and well-being of newborns. Justice Anoop Chitkara, presiding over the case, stated, "No new mother and no pregnant woman should be subjected to restraints of any kinds, be it during the pre-natal period, labor and delivery, or the postpartum period." The judgment underscores the court's commitment to safeguarding the rights of women and children.

Reena Kumari had been arrested and detained following allegations that she had pushed her eight-year-old son into a canal, resulting in his tragic death. The petitioner contended that the incident was an unfortunate accident and that she was being falsely implicated due to matrimonial discord. Her counsel argued that her pre-trial incarceration would cause irreparable injustice to both the petitioner and her family.

Recognizing the significance of maternal health and the impact it has on fetal development, the court referred to international standards and constitutional provisions that advocate for non-custodial sentences for pregnant women and women with dependent children. It cited Rule 64 of the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders, which emphasizes the preference for non-custodial sentences when possible and appropriate, ensuring the best interests of the child.

Justice Chitkara highlighted the urgent need to consider the social and emotional well-being of both the mother and the child during the early stages of development. The court remarked, "Every newborn is an equal stakeholder on the planet, endowed with the same inherent rights of Aazadi, i.e., dignity, freedom, and security." It stressed the potential negative impact of confinement on a child's ability to form bonds and engage in proper social interactions.

Considering the circumstances of the case and the fact that Reena Kumari had recently given birth, the court found no justifiability for further pre-trial incarceration. However, it imposed stringent conditions to address concerns regarding the investigation, evidence tampering, and the possibility of the accused influencing witnesses. The court granted interim bail to the petitioner for six months, subject to specific terms and conditions.

This landmark judgment by the Punjab and Haryana High Court reinforces the importance of maternal care and the protection of children's rights. It sets a precedent for prioritizing the well-being of mothers and their newborns during the judicial process, ensuring their fundamental rights are upheld.

D/d. 29.05.2023.

Reena Kumari VS State of Punjab 

Latest Legal News