Supreme Court Orders Government to Repatriate Pregnant Woman and Child on Humanitarian Grounds

India to Provide Free Medical Care for Sunali Khatun and Child in West Bengal

In a landmark humanitarian decision, the Supreme Court of India has mandated the Government of India to facilitate the return of Sunali Khatun, a pregnant woman, and her eight-year-old son, Sabir, from Delhi to their home village in West Bengal. The directive, delivered by a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi, underscores the judiciary's commitment to compassion and human rights.

The case, Union of India v. Bhodu Sekh, emerged when Sunali Khatun, daughter of Bhodu Sekh, was taken into custody in Delhi. Represented by Mr. Tushar Mehta, the Solicitor General of India, the government agreed to the repatriation on humanitarian grounds. The move will ensure that Sunali receives necessary medical attention and support during her pregnancy.

Senior Advocate Mr. Sanjay R. Hegde, representing the respondents, suggested that given Sunali's condition, it would be prudent for her to be transported to her father's residence in Village Paikar, Murarai, District Birbhum, West Bengal, rather than returning to Delhi. The Supreme Court concurred with this recommendation.

The Court has directed the Chief Medical Officer/Civil Surgeon of District Birbhum to provide all necessary medical facilities to Sunali at no cost. This includes all necessities required during her delivery. Furthermore, the Court has instructed the State Government to ensure the day-to-day care of her minor child, Sabir, emphasizing the importance of their well-being and safety.

The Supreme Court's decision is a significant gesture of empathy, showcasing the role of the judiciary in upholding the rights and dignity of individuals, especially in cases involving vulnerable populations. The order is to be implemented promptly, with a follow-up scheduled for December 12, 2025, to ensure compliance and address any further requirements.

This directive reflects the Court's proactive approach in addressing humanitarian issues and highlights the importance of providing care and support to those in need, reinforcing India's commitment to human rights and social justice.

Bottom Line:

Humanitarian grounds - Government of India agrees to bring back a woman and her minor child to India and provide necessary medical facilities free of cost, ensuring care and support for both the pregnant woman and her child.

The judgment does not explicitly reference statutory provisions. However, the action is based on humanitarian grounds, which are aligned with the principles of human rights and state responsibilities in ensuring the welfare of its citizens.

Union of India v. Bhodu Sekh, (SC) : Law Finder Doc Id # 2817373