Justice SM Modak recently expressed “great pains” over incidents in which girls were being used as commodities for financial benefits even in the twenty-first century in the Bombay High Court.
However, the Bombay High Court recently granted bail to a woman accused of stealing a one-year-old child from his biological mother.
The Bench observed, “We are in the 21st century, still there are incidents wherein the girls are treated as commodity and they have been used as a medium for financial benefits. It is highly objectionable to moral and human rights principles that a one-year-old girl be sold by her natural mother.”
However, the judge noted that the ‘sale’ occurred because the biological mother’s husband was in prison and they needed money.
Following the sale, the biological mother had managed to repay the applicant’s loan and sought the return of her child. However, the applicant woman and her husband refused to return the child, prompting a complaint to be filed against them.
The couple was charged with violating Section 370 of the IPC (person trafficking), Section 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (prohibition on the sale or acquisition of children for any reason), and Section 39 (money lending business without license) of the Maharashtra Money-Lending (Regulation) Act, 2014.
The applicant applied to the High Court seeking bail in the case. The court granted bail on a surety of Rs 25,000, stating that there was no need to keep her in jail because the trial in the case would not begin for some time and she had two minor children whose welfare must also be considered.
The Court stated in its order, “In addition, the applicant has two minor children. The sold baby is still with her (biological) parents. One does not know when the trial will begin or when it will end. There is no need to keep the applicant behind bars until the trial is over. She has two minor children as well. Their welfare also needs to be considered.”
