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"Why the father who is in all respect guardian of the girl should give the girl as Daan? A girl is not a property which can be given in donation," observed the Bombay High Court (Aurangabad Bench) recently.

The single-judge bench of Justice Vibha Kankanwadi found it 'disturbing' that father of an alleged minor rape victim had donated her to a godman by signing a "Daanpatra" and did "Kanyadaan" of his daughter in the presence of God.

Taking cognizance of the issue, the court ordered the Child Welfare Committee (CWC) to hold an inquiry on expeditious basis in respect of the girl and to find out whether she is a fit person to be declared as a child in need of care and protection.

Court said, "It is stated that the father of the girl has given his daughter in donation (Daan) to the Baba...When the girl as per her own statement is minor, then why the father who is in all respect guardian of the girl should give the girl as Daan?"

The court further noted that "it can be said that in view of the actions taken by the father of the girl in executing “Danpatra”, this Court is required to interfere. This is in view of the future of the girl and she should not be driven to do any illegal activities."

This development took place during the hearing of a bail application filed by one Shankeshwar and another, who had been in prison for allegedly raping the minor girl. As per the prosecution case, the girl had claimed to have been picked up by the bail applicants, raped and thereafter left alone.

The victim girl, who was stated to be 17 years old, had further stated before the court that she used to live in her village's temple with her father and younger brother along with a godman (Baba).

During the hearing, a document had also come to the light which was styled as  ‘Danpatra’ on stamp paper of Rs.100/- executed in August 2018 between the girl's father and the Baba.

Additionally, the said Baba who was 91 years old had also filed an affidavit stating that he was the father of the girl as he had adopted the girl from her biological father. He had also claimed that the girl's father was his disciple.

Taking note of the facts and circumstances of the case and being concerned with the future of the minor girl, the court opined that it cannot shut its eyes. 

The court decided to consider victim girl's eligibility as a 'child in need of care and protection' as defined in Section 2(14) of the Juvenile Justice (Care and Protection of Children) Act.

Accordingly, court noted, " Under these circumstances, this would be the fit case where the directions need to be given to Child Welfare Committee, Jalna to hold an inquiry on the expeditious basis in respect of the girl and to find out whether she is a fit person to be declared as a child in need of care and protection."

The matter will be heard next on February 4, 2022.

Case Title: Shankeshwar @ Shambhu s/o Bhausaheb Dhakne vs The State of Maharashtra & Anr.