Court Emphasizes Social Responsibility and Justice in Tragic Case of Starvation
In a recent judgment, the Gujarat High Court has granted bail to Lakhiben Punabhai Solanki, a pregnant woman accused of causing the death of her minor child due to starvation. The court, presided over by Justice Hasmukh D. Suthar, highlighted the absence of malafide intent and emphasized the broader social and moral implications of the incident.
The case revolves around the tragic death of Solanki's two-year-old daughter, Eesha, who succumbed to injuries allegedly inflicted by her mother in a fit of frustration over the child's constant cries for food. The court noted that the incident is not merely an individual tragedy but a reflection of societal failure, urging urgent measures to address the welfare of vulnerable families.
During the hearing, the defense, represented by Mr. Kunal S. Shah, argued for bail on the grounds of Solanki's advanced pregnancy, lack of past criminal record, and the completion of the investigation. The prosecution, however, opposed the bail, citing the gravity of the offense and potential for evidence tampering.
In its judgment, the court considered several factors, including the applicant's vulnerability due to her pregnancy, the absence of past criminal antecedents, and the welfare of her other minor children. The court also took into account the principle of "bail is a rule and jail is an exception," as well as the right to personal liberty under Article 21 of the Constitution of India.
The court's decision was guided by precedents set in notable Supreme Court cases, including "Sanjay Chandra v. Central Bureau of Investigation" and "Gudikanti Narasimhulu v. Public Prosecutor, High Court of Andhra Pradesh," which emphasize the importance of personal liberty and the presumption of innocence until proven guilty.
Justice Suthar, in his order, underscored the moral responsibility of the state and society to prevent such tragedies, invoking the principles of social justice and the state's duty under Article 45 of the Constitution to ensure the basic needs of children are met. The court also highlighted the teachings from various religions and philosophies that stress the importance of compassion and feeding the hungry.
The bail was granted with stringent conditions to ensure the applicant does not misuse her liberty or interfere with the ongoing legal proceedings. The court's decision reflects a compassionate approach, recognizing the broader implications of the incident beyond the legal framework.
Bottom Line:
Bail granted to a pregnant woman accused of an offense under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023, considering her vulnerability, lack of past criminal antecedents, completion of investigation, the absence of mens rea, and the welfare of her minor children.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Section 103(1), Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Article 21 of the Constitution of India, Article 45 of the Constitution of India
Lakhiben Punabhai Solanki v. State of Gujarat, (Gujarat) : Law Finder Doc id # 2954641
