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Synopsis

The Madras High Court recently observed that India is ruled by the rule of law, therefore, even if an act is done on a humanitarian ground, it must be done as per the law. "If any violation is noticed, then that person has to face the prosecution", said the court. 

The observation was made by the single judge bench of Justice G Ilangovan in a petition moved by one Pastor Gideon Jacob seeking direction to quash the criminal proceedings initiated against him over the allegations of human trafficking. 

Allegedly, the Pastor and his wife who are directors of Good Shepherd Evangelical Mission Private Limited, were involved in human trafficking and confinement of girl children.

Under the company, an orphanage Home namely Mose Ministries Home functions which claims to provide shelter to abandoned/orphaned girl children.

During several inspections, though early on everything seemed fine at the orphanage, later the District Social Welfare Department found some discrepancies.

In 2015, an order was passed against the Pastor by the Welfare Department to hand over the children below 18 years of age immediately

The Pastor challenged the order before the high court, however, in the meanwhile, a PIL also got filed by one Change India before the high court, seeking direction to the CBI to investigate allegations of human trafficking and confinement of 89 girls by the petitioner Ministries.

It was alleged that the accused persons had procured 125 girl children from in and around Usilampatti in Madurai by deceiving their parents/guardians on false promise of providing good education, facilities, and food to them, but out of those, only 89 were available now and the whereabouts of other 35 girls was unknown. 

It was also claimed that some of the missing girls had been taken abroad and were kept by Germans. Moreover, several such girls had been made to convert to Christianity.

Thereafter, in 2016, a case was registered against the Mose Ministries and its functionaries including Gideon Jacob by the CBI for the offences under Section 120-B, r/w 361, 368 and 201 IPC, Section 34 r/w 33 and 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 20 r/w 6 of Tamil Nadu Hostels and Homes for Woman and Children (Regulation) Act, 2014.

The case of the prosecution was that Mose Ministries Home did not register for receiving girls under the statutory provisions of applicable laws. Allegations of trafficking along with abuse of the in-mate girls of Mose Ministries were also leveled against the Pastor and other accused persons. 

Before the high court, the counsel for the accused Pastor argued that the present case was nothing but a case of crucifixion of a Good Samaritan.

He claimed the Pastor wanted to save female children of the Usilampatti area from foeticide, therefore, he had taken them under his care and the offences as had been alleged against the Pastor were not even attracted.

However, the high court opined that not all, but only a few of the penal provisions were not attracted in the matter.

Therefore, court opined that the other penal provisions charges must be properly framed and trial must be undertaken.

Accordingly, while noting that "it all started with good intentions, but, mid-way it slipped", court dismissed the Pastor's plea.

Case Title: Pastor Gideon Jacob v. State