Gujarat HC Grants Bail to Mother Accused of Daughter's Murder, Cites Systemic Failure

The Gujarat High Court last week granted regular bail to Lakhiben Solanki, a Surat woman accused of beating her two-year-old daughter to death, observing that the case reflects a broader failure of the State and society to protect vulnerable families from hunger and extreme poverty.

Justice Hasmukh D. Suthar, who passed the order, said the incident should not be viewed solely as an individual crime but as a consequence of systemic shortcomings in ensuring access to basic necessities such as food, healthcare and dignity. The court was hearing a bail application filed by Ms. Solanki, who has been in judicial custody since her arrest in March.

According to the prosecution, Ms. Solanki allegedly assaulted her daughter, Eesha, after the child repeatedly asked for food. The case was registered at the Varachha police station in Surat.

In its order, the court held that 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.

The order drew attention to constitutional guarantees, noting that the Constitution provides for early childhood care and places an obligation on governments to improve nutrition and public health. It added that children have a right to live with dignity.

Justice Suthar also referenced literary works, including Pannalal Patel's Manvini Bhavai and Victor Hugo's Les Misérables, to illustrate the devastating consequences of extreme hunger and poverty. The order cited Mahatma Gandhi, Charles Dickens, and teachings from Hindu, Islamic and Christian scriptures emphasizing 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 had 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, and allowed the regular bail application.