The Allahabad High Court condemned the Uttar Pradesh Police for unlawfully detaining a pregnant woman and her child for over six hours, labeling it as “abuse of authority.” The court awarded the woman Rs 1 lakh and mandated guidelines for better handling of women’s cases by police. The matter will be reviewed again on December 11.
Allahabad: The Allahabad High Court has strongly criticized the Uttar Pradesh Police for “unlawfully detaining” an eight-month pregnant woman and her two-year-old child for over six hours in a kidnapping case filed by her family. Calling the act “abuse of authority” and “torture”, the court ordered the police to compensate the woman with Rs 1 lakh and directed the state government to formulate guidelines for handling cases involving women with greater sensitivity.
The woman’s family had lodged a kidnapping complaint with the Agra Police in August 2021, alleging she was abducted while traveling for an exam. Despite the FIR, progress in the investigation was minimal. During the hearing of a habeas corpus petition filed by her husband, counsels Raghvendra P. Singh and Mohd Sheraj clarified that she had willingly married and was living with her husband in Lucknow.
On November 29, Sub-Inspector Anurag Kumar of the Agra Police detained the woman and her child at Chinahat Police Station, Lucknow, to record her statement, failing to bring the case diary or verify her age
The bench comprising Justice Attau Rahman Masoodi and Justice Subhash Vidyarthi expressed grave concern over the violation of the woman’s rights, stating: “The manner in which police duties were carried out was far from the process of law and amounts to abuse of authority.”
The court noted that detaining a pregnant woman with her child was an act of insensitivity and a failure to apply due process.
Court Directions
- The woman was immediately released and returned to her husband in the presence of her legal counsel.
- The UP Police Chief was instructed to initiate disciplinary proceedings against the investigating officer and submit a report within three months.
- The state was asked to submit an affidavit within 10 days detailing compliance with the court’s order.
The court emphasized that this incident should serve as a reminder to police authorities to exercise greater sensitivity and adherence to the law in cases involving women. The matter will next be heard on December 11.
This judgment underscores the urgent need for reforms in police conduct to prevent such instances of misuse of power and violation of rights.
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