This appeal is regarding a 24-year-old woman who was arrested in July 2023 under a case registered under the Narcotic Drugs and Psychotropic Substances Act, 1985 at a Moga Police Station. The 24-year-old woman is 5 months pregnant and had moved to Court seeking bail in the case about drug trade under Sections 21, and 22 read with section 29 of NDPS Act, 1985.
The counsel appearing for the woman argued that there was a lack of evidence connecting her with the intoxicants. The counsel further argued that prenatal stress has a significant effect on mental, and maternal health as well as pregnancy. The stress can also affect the development of the fetus directly or indirectly.
Justice Anoop Chitkara understood the profound negative effects of giving birth in custody on both mother and child. He remarked on the critical need for empathy and compassion when considering bail for pregnant women. He pointed out that prisons are not designed with the needs of pregnant women or women with small children in mind, which can lead to significant physical and mental health ramifications. He argued that the environment of a prison is unsuitable for the nurturing of both mother and child and that the psychological trauma of being born in prison could lead to lifelong stigma for the child.
The court observed that allowing bail to expecting mothers could encourage them to focus on a brighter future for their children, thereby promoting a commitment to avoid criminal activities. The judge highlighted the injustice of automatically imprisoning a newborn, noting that such actions could have far-reaching negative impacts on the child’s perception of society and themselves.
The court granted a one-year interim bail following the delivery of the child. In any case, it provided that the woman would have to turn herself in within 30 days if she had the misfortune of losing her pregnancy. In an additional measure to prevent bail from being abused, the court declared that the woman’s bail would be revoked if she was discovered engaging in any criminal activity.
Summary
The Punjab and Haryana High Court Rules on Bail and Sentence Relief for Pregnant Inmates aim to provide compassionate consideration for pregnant women who are incarcerated. These rules typically allow for bail or sentence relief based on humanitarian grounds, ensuring the health and well-being of both the mother and unborn child. Criminal lawyers often navigate these rules to secure temporary release or reduce sentences for pregnant inmates, emphasizing medical needs and the principle of humane treatment within the judicial system. The rules reflect a balance between justice and compassion, recognizing the unique circumstances faced by pregnant individuals in custody.
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