The Requirement for Disclosure Cannot Step over the Right To Privacy in a Criminal Trial: Supreme Court while Acquitting a Woman Accused of Murdering her Newborn
Requirement for Disclosures in Criminal Trial Cannot step over the Right to Privacy
The court, while deciding about an appeal filed by a woman accused of killing her child and being convicted for the same and sentenced to life imprisonment, recently considered a significant question about whether an accused woman is required to disclose the aspects of her private life in a criminal trial.
Two questions regarding the appeal arises from the Bench comprising of Justice Abhay S Oka and Sanjay Karol:
“ To what extent does the right to privacy shield matters concerning personal life of a woman accused of committing a crime
To what extent does the rights or duties of an accused explain the incriminating circumstances that appear against them in a statement under section 313 of Criminal Procedure Code.”
The prosecution was that the convict(appellant) had relations with a co-villager named Baija Gond and as a result of the union, a child was conceived and upon giving birth the mother allegedly killed the child and threw the corpse into a Dabri(small bodypond). Due to the acceptance by the accused of being pregnant and her living conditions, where she was observed to be living alone, the trial court inferences it and proceeded to hold her guilty for murdering her child.
A critical view of the approach taken by the trial court was observed by the Supreme court and it was detected that any negative inference cannot be drawn from the incriminating circumstances and further pointed out that the statement by the accused nowhere reflects an answer to the question which concerned the whereabouts of the child.
It was also discussed by the court that the essence of a woman's fundamental right to equality and privacy regarding matters of body and psychological integrity, is the ability to make autonomous decisions about her reproduction choices. It is entirely within the privacy realm of a woman to decide whether to keep or abort the child(within the framework of law).
After examination of testimonies of several prosecution witnesses, it was observed that none of the witnesses were able to prove much about the accused having the thrown the child in the Dabri after delivery, furthermore no evidence has led to cast doubt upon the version of the conviction.
The court’s verdict while allowing the appeal held that the circumstances conclusively does not point to the guilt of the convict-appellant and was constrained to observe that the high court awarded life imprisonment without supplying any cogent reasons thereof.
