In a major decision, the Bombay High Court has directed the Child Welfare Committee (CWC) to take a decision on the custody petitions filed by the parents of a 15-year-old girl. This girl was rescued by the anti-human trafficking unit of Mira Bhayandar Vasai Virar police on March 28. The girl got out of great danger by sending a fake client.
The Thane Sessions court had taken the girl into the custody of Rescue Foundation, an NGO. Regarding this order, the girl’s father filed a custody petition on May 17, which was accepted, but the NGO challenged this order in the High Court through lawyer Ashley Kushar.
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Father accused of pushing girl into prostitution
The NGO alleged that the father had pushed the girl into prostitution. He requested that the order of the Sessions Court is illegal and is also a violation of the authority of the CWC. Advocate Swati Dubey, appearing for the CWC, said the CWC is already considering the application filed by the girl’s mother and if the father files it, they will take a decision based on the merits of the case.
High Court rejected Sessions Court order
The bench of Justice Shivakumar Dije cited the Supreme Court guidelines which state that the minor (victim) should be released into the care and custody of the parents/guardians only if the CWC finds him fit. For example, the High Court rejected the Sessions Court’s May 17 order and directed the CWC to take the decision.
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It is noteworthy that the Mira Bhayandar Vasai Virar police had taken action under the Immoral Traffic (Prevention) Act (ITPA). After getting information about the girl, the police team sent a fake client and then saved the girl from great danger. Now his parents want custody of him.
