Highly objectionable that girls are treated as commodity in 21st century: Bombay HC on mother selling 1 year old
The High Court granted bail to the accused while observing that the accused also had two minor children whose welfare had to be taken care of.
A Single Judge Bench of the Bombay High Court comprising Justice SM Modak has recently observed that it is highly objectionable that year old daughter was sold by her natural mother while granting bail to an accused who had taken custody of the one-year-old.
“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 the principles of morality and human rights that a girl of one year is being sold by the natural mother.”
The judge said that he was in pain when the word ‘sale’ was used for a one-year-old
“I am at great pains when the word ‘sale’ is used. But the other side of the coin is that her own mother has done this act and the hard reality of the life is that she is in need of money as her husband is behind bar”
The mother had kept custody of the child with the accused and had borrowed money from them since she was in financial need and her husband was in jail. The mother i.e., the complainant had repaid the money back to the accused but she was refused to return her daughter's custody.
The Court said that not only that, they advanced money without a money lending license but also committed a sin on humanity and then, went to the extent of taking custody of their daughter.
A complaint was registered against the accused under Section 370 of the Indian Penal Code, 1860, Section 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015, and Section 39 of the Maharashtra Money-Lending (Regulation) Act, 2014.
The court said that the investigation was over and the accused had tried to secure bail but was refused by the trial court. The other two accused, one of whom was the husband of the accused were on bail.
However, the high court while granting bail to the accused said that she also had two minor children whose welfare needed to be taken care of.
Case Title: Ashwini Sanjay Babar vs State of Maharashtra & Anr.
Statue: Indian Penal Code, 1860, Juvenile Justice (Care and Protection of Children) Act, 2015, and Maharashtra Money-Lending (Regulation) Act, 2014