Bombay High Court Upholds Adult Woman's Right To Freedom, Bars Detention Without Consent

Mumbai: The Bombay High Court has ruled that an adult woman rescued during an anti-trafficking raid cannot be detained in a protective home against her wishes merely because she has no family support.

The court held that such custody violates her fundamental rights to personal liberty and free movement. Justice NJ Jamadar, on Friday, allowed a petition filed by a woman, who was rescued by Yeola police during a raid at Hotel Vijay Lodging and later detained under orders passed by lower courts under the Immoral Traffic (Prevention) Act, 1956 (PITA).

Challenging the orders of lower courts, the petitioner’s advocate argued before the High Court that she was a victim of exploitation and not a perpetrator, and that her continued detention was based on mere assumptions about a possible resumption of sex work. The prosecution opposed the plea, stressing that the petitioner had no relatives to vouch for her safety and had been living alone after her parents’ divorce.

After examining the record, the high court noted that two co-victims had been released by the magistrate because their family members had undertaken their responsibility, but the petitioner victim has no relative to whom her custody could be entrusted.

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