Lawstreet Journal

Delhi Court Grants Bail to Incarcerated Mother Of 21-Months Old Child

Lawstreet Journal 23 Apr 2021 7:22pm

Image courtesy: Lawstreet Journal Judiciary Delhi Court Grants Bail to Incarcerated Mother Of 21-Months Old Child

Additional-Sessions Judge Vishal Gogne granted bail to the mother of a 21-months old child while observing that the incarceration of the mothers results in "de facto detention of their infant/toddler wards”.

The grant of bail came in the case of State v. Suman Kumari. The mother is accused of the dowry death of her sister-in-law and was in prison since December 9, 2020. Though several bail applications were filed during the period all the previous ones were denied.

The court observed that the detention of the child along with the incarcerated mother is bad in law. The court referred to Article 37 of the United Nations Convention on the Rights of the Child, 1989 which mandates that State parties must ensure that no child is subjected to torture or other cruel, inhuman or degrading treatment or punishment. The court opined that such “detention without cause” violates the rights of the children.

The Court also held that such detention of infants along with incarcerated mothers violates the object of the Juvenile Justice (Care & Protection of Children) Act, 2015 which holds the best interest of children as of paramount importance. The Court observed that Section 3 of the act mandates that imprisonment of children should only be a last resort.

The Judge while granting bail opined that if the bail is not granted it will create a situation where the plight of the "de facto detained" children becomes worse than that of children in conflict with the law. 

The court also called for “empathy” in granting… Continue Reading...

Tagged: Grants Bail   Bail  
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