Woman - privileges

 

Stats of women in Prison

1. Women in prison - PIB MWoC
1. 2015
1. Total person in Jail = 4,19,623
2. Women in Jail = 17,834 ( 4.3%)
3. Under trail women = 11,916 ( 66.8% of women in Jail)
2. 2000
1. Women in Jail = 3.3% ( of all the person in Jail )
3. Age Group
1. 30-50 = 50.5%
2. 18-30 = 31.3%
4. Prisons
1. Total Prison = 1401
2. Exclusive for women = 18

Bail

1. 437 CrPC - Special Right of bail in favor of a person
1. < 16y or woman or sick or infirm - MAY be released on bail
1. BUT
1. person SHALL not be so released, if there appear reasonable grounds for believing that he has been guilty of a offence punishable with death or imprisonment for life.
2. Such person shall not be so released if such offence is a cognizable offence and he had previously convicted of an offence punishable with death imprisonment for life or imprisonment for 7y or more or he had been previously convicted on 2 or more occasions of a Non bailable and cognizable offence.
2. Provided that court may direct that a person referred to in clause (1) or clause (2) be released on bail 
1. if such person is < 16y  or woman or is sick or infirm
2. Provided further that court MAY also direct that a person referred to in clause(2) be release on bail if it is satisfied that it is just and proper so to do for any other special reason.
2. Article 51(c) Constitution of India
1. The state shall endeavor to 
1. foster respect for international law and treaty obligations in the dealings of organized peoples with one another.
2. Rule 64 of United Nations rules for treatment of women Prisoners and non custodial Measure for women offenders ( the bangkok rules ) - adopted on 21 dec 2010
1. non custodial sentences for pregnant women and women with dependent children shall be preferred where possible and appropriate
2. Custodial sentence being considered when the offence is serious or violent or the women represents a continuing danger and after taking into account the best interest of child or children, while ensuring the appropriate provisions has been made for the care of such children.
3. Pregnant women NEED Bail, NOT jail
1. Sacrosanct freedom of women in motherhood pro tanto.
2. Even if offenses are highly grave and accusations very severe - they still deserve temporary bail or suspension of sentence, extending to a year after delivery.
3. Even those who are convicted and their appeals closed also deserve similar relief
4. Good nutritious food in prisons may be given good health, it cannot substitute for good mental health.
1. Restraint and confined spaces cause mental stress to a pregnant woman giving birth in jail might cause tremendous trauma
5. Ill effects that a prison environment could have on a child born in jail
1. social hatred might follow, potentially creating ever lasting impact on mind whenever questioned about birth.
6. Case Law
1. Tin Sei Minthang Touthang Vs Officer in Charge Moirang police station, Manipur 2021 Cri LJ 19
1. HC Manipur granted bail to pregnant women carrying 7m pregnancy 
2. Despite accusations of involvement in a Huge quantity of Opium 
1. But NO bad antecedents
2. Rekha Vs State of Karnataka Cr Pet No 200107/ 2021
1. Case of causing death of 5 person
2. Karnataka HC granted bail - no allegations against her of overt acts and also because she was pregnant
3. State of Gujarat Vs Jadav Cr A No 652/ 2008 
1. Convicting in an appeal imposed the sentence on convicts for 7y for dowry death
2. Simultaneously suspended sentence for around 10m of a pregnant convict.