“Delivering Child in Prison Impacts both Mother and Child”: Bombay High Court grants bail to Pregnant Female Prisoner.”
November 27, 2024 2025-03-02 12:29“Delivering Child in Prison Impacts both Mother and Child”: Bombay High Court grants bail to Pregnant Female Prisoner.”
“Delivering Child in Prison Impacts both Mother and Child”: Bombay High Court grants bail to Pregnant Female Prisoner.”
By Himabindu Lingala
On November 27, 2024, the Bombay High Court granted temporary bail to the applicant for a six months, citing that continuing her pregnancy and delivering a child within the confines of a jail would inevitably affect not only the mother (applicant), but also the well-being of the unborn child.
On April 30, 2024, the Gondia Railway Security Force during a search operation caught the applicant along with five co-accused baggage carrying a commercial quantity of ‘Ganja’ (33.201 kgs). The applicant was charged and arrested for offences under Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act). At the time of her arrest the applicant was two months pregnant. Counsel for the applicant filed an application for bail, citing concerns about her health and safety. The application for bail emphasized that the applicant was exhibiting symptoms indicative of potential complications in her pregnancy. Given the limited medical infrastructure available for the applicant from the prison, the counsel argued that the applicant would face significant complications in the event of an emergency, necessitating specialized care which she could access out on a bail.
The Bombay High Court relied on R.D Upadhya v. State of A.P., [(2007) 15 SCC 337] wherein the Hon’ble Apex court issued the following directions regarding child birth in prisons:
i. Whenever possible, if a suitable alternative is available, pregnant prisoners should be granted temporary release/parole (or suspended sentence for minor and casual offender) to allow them to give birth outside the prison. The facility should only be denied in exceptional cases involving high security risks or similarly serious circumstances.
ii. The fact that a child is born in the prison shall not be recorded in the certificate of the birth that is issued. Births in prison, shall be registered in the local birth registration office.
iii. Whenever possible, all necessary arrangements should be made to facilitate the naming ceremonies for children born in prison.
The Bombay High Court adhering to the guidelines established by the Hon’ble Supreme Court, granted bail to the applicant for a period of six months. The Court emphasized that every individual is entitled to dignity and that giving birth in a prison could adversely affect both the mother and the child. Highlighting the need for humane conditions, the High Court deemed temporary bail essential to be considered on humanitarian grounds.
Case Name: Surbhi v. State of Maharashtra.
Citation: 2024 SCC OnLine Bom 3663.
