A woman has filed a bail application, on Friday, for her rape convict husband in the Uttarakhand HC citing ‘right of wife’ to conceive a child. The woman seeking bail for her husband pleaded before the HC that her husband should be released on bail for some time as she seeks the happiness of motherhood.
The Uttarakhand High Court on receiving the bail plea has sought the state government’s opinion and asked Nyay Mitra to provide information on what stand the courts in other states have taken in such matters.
The High Court hearing the bail plea stated that information should be gathered on the person serving jail term, his wife and rights of the child born in such situations. The court questioned, is it right to allow birth of a baby in such a condition as parenting will be an issue as the woman will be a single mother and what will be the psychological condition of the child without the father’s presence at home.
The HC also asked, if the convict is allowed to have a baby will the state be forced to take full care of the child’s upbringing. The HC also sought detailed information if the child can seek ‘right for fatherhood’ in future.
The Chief Justice of the High Court has asked Nyay Mitra JS Virk and the petitioner’s advocate to collect complete details about the course of action taken in countries like the United States, Canada, Australia and England; and inform the court.
The plea has been made by a woman, whose husband, Sachin, was convicted for gangrape of a minor on a truck along with three others. The court seven years ago had sentenced him for 20 years of rigorous imprisonment for the heinous crime.
According to sources in the court, Sachin’s family members twice earlier had applied for bail but it was rejected by the High Court.
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