No Trial In 2 Years, Gave Birth In Jail, Meghalaya Woman Gets Bail

The Supreme Court has granted bail to a tribal woman accused of human trafficking on the ground that despite a lapse of almost two years her trial has not commenced and said she cannot be kept in confinement indefinitely.

A Bench of Chief Justice NV Ramana, Justices Surya Kant, and Hima Kohli granted bail to Drabhamon Phawa, a 21-year old woman from Meghalaya, who was accused of human trafficking.

"Having heard counsel for the parties and taking into consideration the fact that the petitioner has suffered incarceration for a period of 18 months and has also delivered child during custody, we deem it to be a fit case to grant her bail. The petitioner is, accordingly, directed to be enlarged on bail on terms and conditions to be imposed by the trial court. The special leave petitions stand disposed of accordingly," the order has stated.

Drabhamon Phawa was pregnant at the time of her arrest and had been in jail since February 2020. She delivered a child in jail.

Senior advocate Salman Khurshid and advocate TK Nayak, representing the woman, told the Supreme Court that she herself was harbored into Delhi on the pretext of a dignified job and thereafter ruthlessly forced into flesh trade therefore, she is also the victim of the prostitution racket.

It was further submitted that Phawa was pregnant at the time of her arrest and had undergone the entire period of pregnancy within prison confinement. Since then, Drabhamon Phawa has delivered a child who is also in jail with her.

The Additional Solicitor General Aishwarya Bhati appearing for the Delhi government vehemently opposed Phawa's petition on the grounds of "severity and seriousness of offenses" alleged against her.
 

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