'Driven By Starvation': Gujarat High Court Grants Bail To Mother Booked For Causing Child's Death Over Demand For Food

The Gujarat High Court granted bail to a mother of three accused of assaulting her minor daughter over demand for food who eventually succumbed to injuries, observing that criminals are not born but made and "when starvation drives a mother to such an extreme act, such failure is collective rather than individual". [2026 LiveLaw (Guj) 211]

Reflecting on the incident the court said it depicts the failure of social welfare mechanisms and highlights State's moral responsibility to protect vulnerable families, especially women and children. The court also referred to a Gujarati novel Manavini Bhavai written by Pannalal Patel–which portrays a devastating famine that struck India, particularly Rajasthan and Gujarat in 1899, corresponding to the Vikram Samvat year 1956 tragic event known as “Chhappania Dukal” (56th Famine).

"A profound literary exploration of famine, human dignity, social inequality, and the struggle for survival it may be summarized as “Man is not evil but hunger that is evil," the court said.

At the outset Justice Hasmukh D Suthar in his order said that the present case reflected, "perversity of motherhood" wherein driven by starvation the mother had beaten her child and resultantly, child succumbed to injury. 

Justice Suthar said that the case invoked his memory of "Dukhiyaran" (Translation of Victor Hugo's classic French Novel Les Misérables translated by Shree Mulshankar M. Bhatt  titled as ”Dukhiyara”) which he said is based on the life and struggles of the poor, oppressed, and socially marginalized people in 19th Century France.

"During hearing of the present case, the incident evoked my memory about two Gujarati Novels viz. (1) It is pertinent to note that the mother's lap is heaven for a child. It is the mother's privilege and moral duty to feed and nourish her child. In the present case, because of mother's inability and failure to maintain her child due to poverty and starvation, the alleged incident took place. Ironically, on one hand, a mother who caused the death of her child got excited due to her constant demand for food as she was unable to satiate it and on the other hand, a new life in her womb is struggling to enter in this world !" the court said. 

The petitioner's counsel argued that the petitioner is 7 months pregnant and also has a small child with her in jail and another small child is alone at home. The husband of the applicant left her home and there is no one to take care of the minor child who is alone at home. The State opposed the bail arguing that the  post-mortem of the deceased child clearly established that the child was beaten up by the applicant. 

The prosecution alleged that the applicant's brother in law had lodged a complaint stating that the applicant took her 2-year-old daughter to the hospital where she was declared dead. 

It was alleged that the applicant's husband had gone for voyage six months ago and he had neglected his family. The applicant left her home along with her daughters and started staying with a man in a live-in relationship and had executed a Maitri Karaar (Friendship Deed).

It was alleged that the applicant's minor daughter asked her for food, and due to her constant demand the applicant got annoyed and she had beaten her daughter resulting in the child sustaining injuries.

The court noted that one of the applicant's daughter is stated to have witnessed the incident and no statements of any other witnesses have been recorded.

The court noted that after the incident, the minor daughter who was alleged beaten, had slept and when the applicant tried to wake her up, she did not respond and  the applicant rushed her to the hospital where she was declared dead.

"Considering the aforesaid fact, on one hand, the applicant failed to satisfy hunger of her daughter and on other hand, in the hit of passion, showing her inability, got annoyed due to hue and cry made by the minor...for constant demand of food due to starvation and therefore, the applicant beaten the deceased child. Thereafter, realizing the fact that minor...is unconscious, applicant rushed to the hospital with minor... Thus, it depicts that there was no mens rea or malafide intention on the part of the present applicant. It appears that it was merely a reckless act on the part of applicant. Even, the  applicant is carrying 7 months pregnancy also," the court observed. 

The court also observed that the incident is not merely an individual tragedy but it is a profound indictment of society and raises fundamental questions of social justice and morality. The court also noted that only one child witness has to depose against her mother and to give justice to her sibling also, who had lost her life due starvation.

Finding a prima facie case the court granted bail to the woman subject to certain conditions. 

It further said that under the Constitution children have fundamental rights besides directive principles of State policy under Article 45 which provides that the State shall take endeavour to provide early childhood care and education for all children until they complete the age of six years.

The court also considered the case from a Religious Perspective and observed that in all religions, feeding the hungry is regarded as a sacred duty.

Referring to the Shreemad Bhagavad Gita, the court said that In Hindu religion, the spirit of sharing food is emphasized: “The righteous who partake of food after sharing with others are freed from all sins.”

It said that in Christianity, Jesus taught: “For I was hungry and you gave me food.” Further, the court said, that Islam religion also, similarly teaches: “He is not a believer whose stomach is filled while his neighbour goes hungry.”

The court said that in the present case the alleged incident is heart wrenching reminder that hunger is not merely an economic issue but a matter of human dignity, justice, and conscience.

The court then referred to Mahatma Gandhi who had said: “There are people in the world so hungry that God cannot appear to them except in the form of bread.”

The court emphasized that the present  tragedy should  be viewed also as a "clarion call for compassion, social responsibility, and renewed commitment" to ensure that no mother or child is left to suffer the indignity of starvation.

Case title: LAKHIBEN PUNABHAI SOLANKI v/s  STATE OF GUJARAT

R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 16673 of 2026

Citation: 2026 LiveLaw (Guj) 211

Appearance: MR KUNAL S SHAH(5282) for the Applicant(s) No. 1

MR HIMANSHU PATEL, APP for the Respondent(s) No. 1

Click Here To Read/Download Order