The Bombay High Court on Thursday granted bail to a lesbian couple arrested for allegedly kidnapping a 5-year-old girl, noting that, at worst, they took an illegal route to fulfill their desire for a child.
In its order dated November 19, Justice Manish Pitale acknowledged that the women, who belong to the LGBTQ+ community, had already endured around eight months of incarceration.
The court observed, “At worst, it can be said that the applicants (couple) undertook an illegal approach to satisfy their desire of having a child by conniving with the co-accused persons to take away the minor girl child from her parents.”
The court also noted the societal stigma that the couple faced, particularly during their time in jail, adding that such individuals are often ridiculed.
While the court found a prima facie case of kidnapping, it stated that it was a bailable offence.
The court ruled, “Although a strong prima facie case is made out against the applicants… there does not appear to be any material to show that the minor girl was exploited.”
The couple, who were in a same-sex relationship and wanted a child, were unable to biologically have one and were also ineligible to adopt. The court noted that the couple had resorted to an illegal method of acquiring a child.
The case against the couple dates back to March 2024, when the child’s parents filed a complaint after their daughter went missing on March 24. The girl was last seen with a woman from the same area.
The police traced the child to the couple’s home the following day, leading to their arrest.
According to the couple, they had been in a live-in relationship for ten years and wished to have a child. They allegedly paid Rs 9,000 to a co-accused to arrange the child’s disappearance. The couple maintains they did not mistreat the child.
Three others are also accused in the case.
