Karnataka High Court Refuses Custody Of Rescued Girl To Mother Allegedly Involved In Prostitution Racket

The Karnataka High Court refused to grant the custody of a girl to her mother after noting that there were "prima facie" allegations against the mother of forcing her into prostitution. Justice M Nagaprasanna in his order said:"The issue in the lis does not concern the merit of the crime or the charge sheet so filed by the State. The statement of the victim and the statement of others would prima facie indicate that the mother had forced the daughter to prostitution. Learned Additional State Public Prosecutor is right in contending that when a child is rescued from a prostitution racket and is in the custody of the State or the Child Welfare Home, but when there are allegations against the mother that she is indulging in the act of using her daughter for the purpose of prostitution, the girl should not be handed over to the custody of the mother. It is un-understandable as to how the mother is left while filing the charge sheet, notwithstanding the fact that there is a lurking suspicion that she has indulged in forcing her daughter for prostitution albeit, prima facie, and how could the mother be left off while filing the charge sheet". The court was hearing the plea of a woman, the mother of a girl, challenging a sessions court order which rejected her plea seeking custody of her daughter under Section 17(2) of the Immoral Traffic (Prevention) Act.The petitioner is stated to be the mother of the victim child, who was rescued from a lodge, which was running a prostitution racket. The State kept the girl in the Child Welfare Home. The petitioner filed an application before the concerned Court under Section 17(2) of the Act, seeking custody of her daughter on the score that her daughter has now attained 18 years of age. Once the minor girl attains the age of 18, the daughter cannot be kept in the Child Welfare Home and she has to be handed over to the parents, one of whom is the petitioner. The concerned Court after rendering detailed reasons, rejected the application on the score that the daughter was forced to prostitution by the petitioner – mother. The high court noted that Section 17(2) provides for an inquiry by the Magistrate, when the persons rescued are produced before him. The Magistrate is required to enquire into the age, character and antecedents of such rescued person and the suitability of his parents, guardian or husband for taking custody of the rescued person. It noted that Section 17A provides for an inquiry by the Magistrate before passing an order for handing over the custody of the rescued person to their parents, husband or guardian. The court referred to Delhi High Court's decision in Dellhi High Court Legal Services Committee v/s Union of India (2014) where it was held that notwithstanding the provisions of Section 17 and 17(A) of the Act, by virtue of Section 31(1) and 39(3) of the Juvenile Justice (Care and Protection of Children) Act, it is only the Child Welfare Committee constituted under Section 29 JJ Act which has the final authority in respect of the custody and restoration of a child victim. If a person rescued by the police under the Act and is produced before the Magistrate, appears to be under 18 years of age, such person must forthwith be transferred to the Child Welfare Committee which shall proceed in the matter in accordance with the provisions of Sections 30, 31 and 33 of the JJ Act and other relevant provisions, the Delhi High Court had said. The high court referred to guidelines provided by the High Court of Bombay in Prerana v/s State of Maharashtra (2002) which states that when persons rescued under the Act are produced before the Magistrate, the Magistrate should under Section 17(2) of the Act, ascertain their ages on the very first time they are produced before him. If such a person is found to be under 18 years of age, the Magistrate must transfer the case to the Juvenile Justice Board if such person–is a Juvenile in conflict with law, or to the Child Welfare Committee if such person is a child in need of care and protection. "In light of the afore-quoted judgment, I am of the considered view that the child cannot be handed over to the mother who is allegedly using her daughter in the prostitution racket. Therefore, the petition lacking in merit, stands rejected," the high court said. The plea was dismissed. Case title: X v/s StateCRIMINAL PETITION NO. 17299 OF 2025 Click Here To Read/Download OrderCitation: 2026 LiveLaw (Kar) 96

Karnataka High Court Refuses Custody Of Rescued Girl To Mother Allegedly Involved In Prostitution Racket

LIVELAW NEWS NETWORK

Tags