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Lesbian Couple Gets Bail After 8 Months in Jail; Bombay HC Cites Lack of Evidence for Trafficking

It further said that the LGBTQ+ community is marginalised in society, especially inside the correctional environment or jails.

Lesbian Couple Gets Bail After 8 Months in Jail; Bombay HC Cites Lack of Evidence for Trafficking
SHARES
The Bombay High Court (HC) granted bail to a lesbian couple accused of trafficking and kidnapping a five-year-old baby girl. The high court said that they "decided to take an illegal way to satisfy their desire of having a child".

The court further stated that although the couple's actions come under the crime norms for kidnapping, but not for trafficking. It further said that the LGBTQ+ community is marginalised in society, especially inside the correctional environment or jails.

A five-year-old child abducted from her home in Ghatkopar on March 18. According to a police investigation, the couple and other co-accused conspired to abduct the child. They allegedly gave a co-accused INR 9,000. The pair was taken into custody on suspicion of trafficking under Section 370 and kidnapping under Section 363 of the IPC. They went to the HC to ask for bail.

Lesbian couple's lawyer, Harshad Sathe, argued that they weren't acting to hurt the minor; rather, they were acting because they wanted a child. Sagar R. Agarkar, the state's advocate, said that the couple's activities qualified as human trafficking. It was highlighted that the child was part of a financial transaction and that she was taken away from her parents under duress.

A witness, who happened to be one of the accused's nephews, told the court that they had been living together for about 10 years. They got married in a temple with all rituals.

This suggested that the petitioners are in a same-sex relationship, the court said. It is explicitly mentioned that they wanted a kid, even if it was not conceivable from a biological standpoint. On November 19, Justice Manish Pitale stated that they would also be unable to adopt a minor child under the current circumstances.

According to the court's judgement on this matter, evidence demonstrated that the couple conspired with other accused individuals to take the young female child away from her parents, which was an illegal manner to fulfil their wish to have a child. The judgefurther added that this may demonstrate the elements of the offence under Section 363 (kidnapping) of the IPC, which is subject to bail.

However, the court ruled that there isn't enough proof of exploitation to support trafficking charges. The court further stated that "there does not appear to be evidence on record to show that the minor girl child had been sexually exploited in the process".

In light of the fact that the couple had previously been detained for eight months and that the trafficking charge was unfounded, the court granted them bail in exchange for INR 25,000 in personal bonds.

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