Judge says cannot force pregnant women to be in court
A woman who is at an advanced stage of pregnancy cannot be forced to appear in court.
A woman who is at an advanced stage of pregnancy cannot be forced to appear in court.
A sessions court in Delhi expressed displeasure at a lower court judge issuing a non-bailable warrant against Meenakshi, who is six months pregnant, for not appearing before him personally in a dowry harassment case.
The sessions court also took exception to the lower court putting a condition — either accept the charge or appear in person.
When the lower court did not allow Meenakshi to skip proceedings, she filed a revision petition before additional sessions judge RK Gauba, who set aside the lower court’s order and exempted her from personal appearance in the case.
“The law does not permit the court to put conditions of the kind indicated in the order.
“The requirement of the law for appearance by the accused is subject to just exceptions, which include physical impossibility,” Gauba said.
“This requirement cannot be used to arm-twist the accused or her counsel to accept the charge. I find the language used rather loose,” he said.