LI Network
Published on: December 10, 2023 at 20:18 IST
The Punjab and Haryana High Court recently underscored the need for greater empathy and consideration when adjudicating matters that impact the liberty of women.
Justice Harpreet Singh Brar, in a recent case [Baby v State], emphasized that courts should exercise empathy, particularly when dealing with women accused of cognizable offenses, often hailing from poor and illiterate backgrounds.
The court acknowledged that the unnecessary incarceration of women not only affects the individuals but also casts a shadow on their families, especially when children are involved. Justice Brar emphasized, “Courts are required to be more empathetic and considerate towards women when the question of curtailment of liberty arises since it is not just the woman who suffers but so does her family.”
The observation came during the granting of anticipatory bail to an illiterate woman who had been declared a proclaimed offender in a check dishonor case under Section 138 of the Negotiable Instruments Act (NI Act). The case originated from a property sale agreement involving the petitioner’s husband, who issued a check that later bounced.
Highlighting the petitioner’s illiteracy and lack of summons for trial court proceedings, her counsel argued against the proclaimed offender status. The High Court agreed that due process wasn’t followed, opening the door for anticipatory bail, despite the usual reluctance to grant such relief to proclaimed offenders.
The court’s decision was also influenced by a Supreme Court judgment (Satender Kumar Antil v Central Bureau of Investigation, 2022), stressing the importance of sensitivity in cases involving women, especially in challenging circumstances faced by female inmates.
The High Court concluded that subjecting an illiterate woman to pre-trial detention for a bailable offense under Section 138 of the NI Act would be unduly harsh, considering the nature of the offense. Consequently, the court granted anticipatory bail to the petitioner.
