No custody of two women rescued from prostitution to their kin: Bombay HC

The Bombay HC has recently refused to grant the custody of two women who were rescued from a prostitution racket to their kin. This decision was taken by the court as it anticipated a chance of them to be indulging in the same kind of activities after the grant of such custody and thus ordered the women to be kept at a correctional facility.

On Tuesday Justice S. Shinde has dismissed the petition brought in by the kin of the two women which was seeking the release of the victims from the correctional facility.

The claims brought in through petitions were:

• One claimed that her sister had a seven year old child that needed to be looked after by her mother
• The other claimed that her sister, due to refusal of custody, will lose her job which she was doing in a private company.

They further said that the victims were adults and can take decisions for themselves.

• 

The High court in its judgement said by observing the intention behind the decision of sending the victims to a correctional facility:

“The court said if the custody of both the women were to be handed to their sisters, there is a strong possibility that they can be involved again in similar activities.”

(Ratio Decidendi of Judgement)

The decision of sending them to a correctional facility was taken after conducting a proper inquiry and after taking into account the interest of the victims. It was taken as a protection measure.

“In my view, if the custody of the victims is handed over to the petitioner, the possibility of them indulging in similar activities in future cannot be ruled out“

Justice Shinde

Case Citation

• SONI LALIMA TAMANG AND ANR. Vs THE STATE OF MAHARASHTRA AND ANR. – CASE NO.(Pg.) WP/2453/2019 (9)
• RUMA MOHIRHUSEN SHAIKH AND ANR. Vs THE STATE OF MAHARASHTRA AND ANR. – CASE NO.(Pg.) WP/2452/2019 (9)