Gujarat HC grants bail to woman accused of daughter’s murder; cites poverty and starvation
The Gujarat High Court granted regular bail last week to a Surat woman accused of beating her two-year-old daughter to death, observing, that the case
The Gujarat High Court granted regular bail last week to a Surat woman accused of beating her two-year-old daughter to death, observing, that the case exposes a broader failure of the State and society to protect vulnerable families from hunger and extreme poverty. Granting bail to Lakhiben Solanki, who has been in custody since her arrest in March, Justice Hasmukh D. Suthar said the incident should not be viewed solely as an individual crime but as a reflection of systemic shortcomings in ensuring access to basic necessities such as food, healthcare and dignity. According to the prosecution, Ms. Solanki allegedly assaulted her two-year-old daughter, Eesha, after the child repeatedly asked for food.
The case was registered at the Varachha police station in Surat. In its order passed, the court said social justice rests on the principle that every individual is entitled to basic needs, including food and shelter. It observed that when starvation pushes a mother to such an extreme, the failure extends beyond the individual to society as a whole. The court said the incident underscored shortcomings in social welfare mechanisms and highlighted the constitutional responsibility of the State to safeguard the nutrition, health and welfare of children and other vulnerable sections. Constitutional guarantees It observed that the Constitution guarantees early childhood care and places an obligation on governments to improve nutrition and public health, adding that children have a right to live with dignity.
The order drew references from literary works, including Pannalal Patel’s Manvini Bhavai and Victor Hugo’s Les Misérables, to illustrate the consequences of extreme hunger and poverty. It also cited Mahatma Gandhi, Charles Dickens and teachings from Hindu, Islamic and Christian scriptures emphasising the moral duty of feeding the hungry. Describing the case as a reminder that hunger is not merely an economic issue but one involving human dignity and justice, the court said the tragedy should prompt greater compassion and renewed efforts to ensure that no mother or child suffers because of starvation. The defence sought bail on humanitarian grounds, stating that the accused was seven months pregnant, had another young child living with her in prison and an older child at home without proper care after her husband allegedly deserted the family.
The State opposed the plea, arguing that the woman’s role in the offence was clearly established. However, the court noted that the allegations arose from a backdrop of extreme poverty and the accused’s inability to provide food for her child, before allowing the regular bail application.
The BriefWire