Allahabad HC Condemns UP Police For Detaining Pregnant Woman And Child And Slaps Rs 1 Lakh Cost On State
🔹 Legal Background
Article 21 of the Constitution – Guarantees Right to Life and Personal Liberty. Illegal detention is a direct violation of this right.
Article 22(1) of the Constitution – Mandates that no person who is arrested shall be detained without being informed of reasons and without access to legal remedy.
Code of Criminal Procedure, 1973 –
Section 41 CrPC – Arrest only if necessary and with justification.
Section 50 CrPC – Duty to inform the arrested person about grounds of arrest and right to bail.
Section 57 CrPC – No person can be detained beyond 24 hours without being produced before a Magistrate.
👉 Detention of a pregnant woman and her child without compliance of these provisions amounts to gross violation of fundamental rights.
🔹 Allahabad High Court’s Observations
The Court came down heavily on U.P. Police for gross misuse of power.
It noted that detaining a pregnant woman with her child without following procedure of law reflects lawlessness on the part of police authorities.
The act amounted to custodial harassment and violation of human dignity, striking at the core of Article 21.
The Court ordered:
Immediate release of the woman and her child.
₹1 lakh compensation to be paid by the State to the victim, recoverable from erring officers.
Directed the State to conduct disciplinary proceedings against the responsible police personnel.
🔹 Key Case Laws Supporting the Decision
1. Rudal Shah v. State of Bihar (1983) 4 SCC 141
SC ordered compensation for illegal detention, recognizing monetary relief as a remedy for violation of Article 21.
2. Bhim Singh v. State of J&K (1985) 4 SCC 677
SC awarded compensation to an MLA who was illegally detained by police, holding that State is liable for acts of its officials.
3. DK Basu v. State of West Bengal (1997) 1 SCC 416
SC laid down guidelines for arrest and detention to protect the rights of detainees.
4. Nilabati Behera v. State of Orissa (1993) 2 SCC 746
SC held that compensation is a public law remedy for violation of Article 21 due to custodial abuse.
5. Sube Singh v. State of Haryana (2006) 3 SCC 178
Reiterated that illegal detention or custodial violence justifies award of monetary compensation.
🔹 Principles Evolved
Illegal detention violates Article 21 – Even more serious when it involves a woman and child.
Police accountability – State is vicariously liable for illegal acts of its officers, but cost can be recovered from erring officials.
Compensation as constitutional remedy – Courts may grant monetary relief to enforce fundamental rights.
Protection of human dignity – Arrest and detention powers cannot be used to harass citizens.
🔹 Conclusion
The Allahabad High Court’s decision underscores that illegal detention, especially of vulnerable persons like a pregnant woman and child, is a grave constitutional wrong. By awarding ₹1 lakh compensation and condemning the police, the Court reinforced that state authorities are guardians, not violators, of fundamental rights.
RELATED Blog
0 comments