Bombay High Court Grants Bail To HIV+ LGBTQ+ Person Accused In Child Trafficking Case

Mumbai: The Bombay High Court has granted bail to an HIV-positive person from the LGBTQ+ community arrested recently for allegedly buying a child.

FIR Registered

The FIR was registered after the parents of the nearly two-year-old child approached the police. As per their statement, they were in need of money and agreed to send their child for a film shoot. The parents themselves are accused in the case. Three others, who were allegedly associated with the shooting, were also added as accused. One of these three informed the police that the parents had decided to sell the child for Rs 4.5 lakh and handed possession of the child to the applicant.

Counsel Of Accused Refutes The Claim

The accused person’s counsel refuted the claim of any financial transaction and said that the person only took possession of the child along with his partner. He emphasised that under Indian laws, neither he nor his partner is permitted to adopt. He also pointed out that the LGBTQ+ community is vulnerable and that the applicant is HIV positive.

Argument Given By State Advocate

The state advocate argued that the child’s medical report was awaited and pointed out that details regarding the money paid had been provided by the accused. The judge rejected the applicant’s arguments regarding the absence of a financial transaction, emphasising that section 370 of the Indian Penal Code encompasses actions such as transferring, harbouring, and inducing. Considering the vulnerability of the persons belonging to LGBTQ+ persons, the court granted bail.

“This court is of the opinion that a person belonging to the LGBTQ+ community, who is also HIV positive, can be said to be a person belonging to a category of persons, who are indeed vulnerable, particularly within the four corners of a jail,” Justice Manish Pitale said.

The court said that the applicant has no criminal record and has been in jail for a month.