The Nagpur Bench of the Bombay High Court has granted six months temporary bail to a pregnant prisoner so that she can give birth to her child outside the prison. The court held that giving birth to a child in prison can have a negative impact on both the mother and the child. The decision has been taken on humanitarian grounds.

Facts of the case

The woman was arrested on April 30, 2024, with 7.061 kg of ganja under the stringent provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. She was pregnant at the time of arrest. The Hon’ble Judge also observed that she requires specialized medical care in a hospital due to complications in her pregnancy.

Arguments of the petitioner

The counsel for the petitioner argued that childbirth in a prison environment would be harmful to both the mother and the unborn child. The counsel cited the complications associated with the pregnancy and submitted that such complications necessitate specialized treatment in a hospital, away from the difficult prison conditions and inadequate medical care.

Respondent’s arguments

The prosecution argued that the woman was arrested with commercial quantities of drugs, and there was prima facie evidence against her. The prosecution also said that granting bail under Section 37 of the NDPS Act could pose security risks, as the section lays down stringent provisions for granting bail.

Court’s Observations

Justice Urmila Joshi-Phalke, in her ruling, emphasized the importance of dignity for all individuals, including prisoners. She acknowledged the guidelines issued by the Supreme Court in the case of RD Upadhya vs State of Andhra Pradesh, which laid out considerations for childbirth in prison. The court took into account the fact that the woman’s delivery was imminent, and the complications she was facing warranted a hospital delivery. The Hon’ble court observed that:

“There is a prima facie material. Yet, in the light of guidelines issued by the Apex Court, few factors are to be taken into consideration that release of the applicant does not pose a high security risk and would not cause any prejudice to the investigation though there is a rigor under section 37 of the NDPS Act. However, considering circumstances, the application to release the applicant on temporary bail deserves to be considered on humanitarian ground”

The Hon’ble  judge observed, “Delivering a child during pregnancy in a jail atmosphere would certainly impact not only the applicant but also the child, which cannot be ignored.” The Court highlighted that humane considerations should prevail, and releasing the prisoner temporarily for delivery would not pose a high security risk or prejudice the investigation.

Court’s Decision

The court granted six months’ bail to the pregnant prisoner on humanitarian grounds, allowing her to deliver her child in a hospital outside the prison. While acknowledging the prima facie material against the applicant, the judge stated that the release would not compromise the investigation or security concerns.

– Credits: By Anaida Khan Pursuing 5th year of BALLB (Hons.) from Dharmashashtra National Law University, Jabalpur