Bombay High Court granting bail in child trafficking case

The Bombay High Court recently granted bail to a child trafficking accused man belonging to the LGBTQ+ community after acknowledging that people belonging to the community are prone to harassment and are more vulnerable in prison.

The court cannot ignore the fact that people belonging to the LGBTQ community are exposed to ridicule and harassment in certain situations, the judge noted. Manish Pitale in the June 27 bail order.

“The applicant has been behind bars since May 26, 2024, i.e. for over a month. He is in judicial custody … This court considers that a person belonging to the LGBTQ+ community who is also HIV-positive can be considered to belong to the category of people who are genuinely vulnerable, especially in the four corners of a prison. the court added, granting bail.

The court was hearing a bail application filed by a man (applicant) arrested under Section 370 (Trafficking in Persons) of the Indian Penal Code, 1860 and Sections 80 and 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

In this case, the parents of a one-year-old child (co-accused), who were in financial distress, allegedly “sold” the child to the accused petitioner for an amount of approximately ₹4 lakh.

The parents claimed that the child was supposed to act in films and that is why money was exchanged, although no such film was made.

On the other hand, the applicant denied that he had exchanged any money in exchange for the child and stated that he and his partner only wanted to take care of the child as currently in India there is no legal way for LGBTQ couples to adopt children.

A first information report (FIR) accusing the applicant of child trafficking was lodged by the police based on information provided by a sub-inspector after the child’s parents approached the police.

After investigation, the applicant-accused was arrested and was remanded in judicial custody from May 26, 2024. He later filed a bail application in the Supreme Court.

The High Court was of the view that a prima facie case was made out against the accused applicant.

However, as the applicant is a member of the LGBTQ+ community and was HIV positive and was undergoing treatment, the Court found it appropriate to release the applicant on bail.

Lawyers Sesley Menezes, Steven Anthony and Waqar Pathan appeared on behalf of the applicant.

The Additional Public Prosecutor was Kiran C. Shinde.