Delivering Child In Jail Affects Mother And Child: Bombay HC
๐ Delivering Child in Jail Affects Mother and Child: Bombay High Court
๐น Background
The Bombay High Court has expressed deep concern over instances where women prisoners are compelled to deliver children inside jail premises. The Court noted that such situations adversely impact not only the health, dignity, and privacy of the mother but also the development and fundamental rights of the child.
The judiciary has linked this issue with Article 21 (Right to Life and Personal Liberty) of the Constitution, which guarantees the right to live with dignity, and also with Article 39(f) (Directive Principles) that obligates the State to ensure children grow up in conditions of freedom, dignity, and healthy development.
๐น Courtโs Observations
Impact on Mother
Delivering a child in jail deprives a woman of her basic dignity, privacy, and emotional support.
It increases the risk of complications due to lack of proper medical infrastructure in prisons.
Impact on Child
A newborn has the right to proper medical care, healthy environment, and emotional nurturing.
Jail environment negatively affects a childโs mental and physical growth.
Stateโs Duty
The State has a responsibility to make arrangements for safe delivery in hospitals, not prisons.
Proper facilities for pregnant prisoners and lactating mothers must be ensured under jail manuals and prison rules.
๐น Important Case Laws
R.D. Upadhyay v. State of A.P. (2006) 3 SCC 1
Landmark judgment on rights of children of women prisoners.
SC laid down detailed guidelines:
Children below 6 years can stay with mother in jail, but proper facilities must be provided.
Pregnant prisoners must receive proper pre-natal and post-natal care.
Deliveries should take place in government hospitals, not inside prisons.
Sheela Barse v. State of Maharashtra (1983) 2 SCC 96
SC recognized the rights of women prisoners and stressed the need for humane treatment, especially for those with children.
Roshni v. State of M.P. (2021, MP HC)
Court held that forcing a woman to deliver inside jail violates her fundamental rights.
Bombay HC Observations (recent case)
The Court stressed that both mother and child are innocent parties suffering due to systemic negligence.
Directed prison authorities to ensure that all pregnant prisoners are shifted to hospitals well before delivery.
๐น Legal & Human Rights Dimensions
Article 21 โ Right to dignity, health, and privacy.
Article 39(e) & 39(f) โ Protection of health of mothers and children.
UN Rules for the Treatment of Women Prisoners (Bangkok Rules, 2010) โ International standard mandating special care for pregnant women in custody.
๐น Key Takeaways
Delivery in jail is a violation of dignity and health of both mother and child.
The State must ensure:
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Pregnant prisoners are taken to hospitals well before due date.
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Proper medical care, diet, and psychological support.
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Facilities for raising infants in healthy environments.
Judiciary has affirmed that the child should not suffer for the motherโs incarceration.
โ Thus, the Bombay HC, echoing SC precedents, held that delivery inside jail undermines the rights of both mother and child, and directed the State to guarantee safe hospital deliveries for women prisoners.
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