Kathmandu, May 16

Lalitpur District Court last evening released former lawmaker Gayatri Shah and her husband Rajesh Mahato, who were arrested on May 5, on charge of abandoning their newborn baby at a hospital.

While Shah was released on general court date, her husband was released on Rs 20,000 bail. “We should not have been arrested. The court has delivered justice,” he said. The duo were arrested following an FIR lodged by Nepal Mediciti Hospital on April 4.

Nepal’s Criminal Code Act prohibits parents or guardians from abandoning or refusing to take care their child. According to Section 184 of the act, anyone who commits such an offence shall be liable to imprisonment for a term not exceeding three years and a fine of up to Rs 30,000, depending upon the gravity of the case.

The couple had been staging protest on the hospital premises accusing the hospital of lying about the baby’s health condition while in mother’s womb, during their routine checks. Shah had given birth to a baby with Down syndrome on March 12, at the hospital.

Down syndrome is a genetic condition where children show some level of intellectual disability, a distinct appearance and some health and developmental challenges.

Former lawmaker Shah and her husband have accused the doctors involved in Shah’s check-up. During the protest, they alleged that doctors lied to them saying the child was ‘completely healthy.’The hospital management has, however, defended itself saying it was not possible to diagnose the exact health condition of a foetus in Nepal.

Nepal Society of Obstetricians and Gynaecologists, issuing a press statement on April 16, said, “After studying all the evidence available, it could not be concluded that the doctor involved in regular check-up of the mother had made any errors.” The society stated that the facility for complete genetic check-up of foetus was not available in Nepal.