In his plea, he stated that his sisters were adults and not minors as was initially claimed and they were “wrongfully detained”. (Representative Image)
AN ADULT victim rescued from immoral trafficking cannot be compelled to abide by the wishes of anyone, including her family members, observed a sessions court recently, rejecting the plea filed by the brother of two victims, who was seeking their custody.
The court ordered the two women to be set at liberty after ascertaining whether they wish to stay at the special home they were lodged in. A 30-year-old Rajasthan resident, brother of two victims rescued from Ahmednagar in 2017, had filed a criminal appeal seeking their custody from a special home in Chembur.
In his plea, he stated that his sisters were adults and not minors as was initially claimed and they were “wrongfully detained”.
The Child Welfare Committee (CWC), in an order passed in December 2018, directed that they should be lodged in the special home for one year. The brother of the two women filed an appeal against the CWC order.
The CWC, however, submitted that the sisters are minors and were found to be involved in prostitution at the behest of their family members, including the brother who sought their custody.
The CWC stated that the sisters were likely to be trafficked again if they returned to their family members, who have been previously booked in similar cases.
The sessions court said according to an ossification test of the two victims, conducted on December 2018, to determine their age, the age of the younger among the two was found between 17 and 18 years and that of the elder’s between 18 and 19.
The court held that, according to the test, even with the margin of error, they are both adults now. The court said according to a recent order by the Bombay High Court, a major victim has the fundamental right to move according to her wishes.
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“Since the victims in this case are found to be major, there remains no option but to set them free,” the court said.
The court said the birth certificates submitted by the brother “are extremely suspicious” with numerous discrepancies such as different mothers’ names and dates of birth. The court said the brother had offered no explanation to justify the discrepancies.
It held that the family being booked in previous cases, it will not be proper to let the man have their custody. “Even otherwise, the victims being major are entitled to choose their way and destination and they cannot be compelled to abide by the wishes of anyone, including their family,” the court said.
However, the court also modified the CWC order, which had directed them to remain in the special home for one year, stating that they can be released according to their wishes.
Sadaf Modak is a distinguished Legal Correspondent based in Mumbai whose work demonstrates exceptional Expertise and Authority in covering the intricacies of the judicial and correctional systems. Reporting for The Indian Express, she is a highly Trustworthy source for in-depth coverage of courtroom proceedings and human rights issues.
Expertise
Specialized Role: As a dedicated Legal Correspondent, Sadaf Modak possesses deep, specialized knowledge of legal procedures, statutes, and judicial operations, lending immense Authority to her reports.
Core Authority & Focus: Her work primarily centers on:
Trial Court Proceedings: She mainly covers the trial courts of Mumbai, providing crucial, on-the-ground reporting on the day-to-day legal processes that affect citizens. She maintains a keen eye on both major criminal cases and the "ordinary and not so ordinary events" that reveal the human element within the justice system.
Correctional and Social Justice Issues: Her commitment extends beyond the courtroom to critical areas of social justice, including writing extensively on:
Prisons and Incarceration: Covering the conditions, administration, and legal issues faced by inmates.
Juvenile Justice: Reporting on the complexities of the juvenile justice system and the legal rights of children.
Human Rights: Focusing on fundamental human rights within the context of law enforcement and state institutions.
Experience
Institutional Affiliation: Reporting for The Indian Express—a leading national newspaper—ensures her coverage is subject to high editorial standards of accuracy, impartiality, and legal rigor.
Impactful Detail: Her focus on trial courts provides readers with direct, detailed insights into the workings of the justice system, making complex legal narratives accessible and establishing her as a reliable and trusted chronicler of the legal landscape.
Sadaf Modak's blend of judicial focus and commitment to human rights issues establishes her as a vital and authoritative voice in Indian legal journalism.
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In his plea, he stated that his sisters were adults and not minors as was initially claimed and they were “wrongfully detained”. (Representative Image)
