BENGALURU<\/em>: The Karnataka High Court<\/strong> at Bengaluru, in a decision delivered by Justice M. Nagaprasanna<\/strong>, refused to grant custody of a young woman to her mother after allegations surfaced that the mother had pushed her daughter into prostitution<\/strong>.<\/p>\n\n\n\n The Court dismissed the criminal petition filed by the mother challenging the trial court\u2019s earlier order rejecting her custody request.<\/p>\n\n\n\n The case began after police raided a lodge in Bengaluru and rescued a girl who was allegedly part of a prostitution racket<\/strong>. After the rescue, she was placed in a Child Welfare<\/a> Home<\/strong>. The mother later approached the court seeking custody, claiming the girl had now turned 18 and should be handed over to her.<\/p>\n\n\n\n During the hearing, the prosecution told the Court that investigation records indicated the mother herself had earlier forced the girl into prostitution. It was also pointed out that the girl had previously been released to the mother\u2019s custody in another case but was again found in a prostitution racket later.<\/strong><\/p>\n\n\n\n The High Court noted the seriousness of the allegations and observed that:<\/p>\n\n\n\n \u201cThe statement of the victim and the statement of others would prima facie indicate that the mother had forced the daughter to prostitution.\u201d<\/em><\/strong><\/p>\n<\/blockquote>\n\n\n\n The Court further stated that:<\/p>\n\n\n\n \u201cWhen 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.\u201d<\/em><\/strong><\/p>\n<\/blockquote>\n\n\n\n The Court also questioned why the mother was not included as an accused in the charge sheet, observing that:<\/p>\n\n\n\n \u201cIt 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.\u201d<\/em><\/strong><\/p>\n<\/blockquote>\n\n\n\n In conclusion, the Court held that the safety and welfare of the rescued victim must come first<\/strong> and ruled that:<\/p>\n\n\n\n \u201cThe 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.\u201d<\/em><\/strong><\/p>\n<\/blockquote>\n\n\n\n\n
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Explanatory Table: Laws And Sections Included<\/h3>\n\n\n\n
Law \/ Section<\/strong><\/td> Purpose<\/strong><\/td> How Applied in This Case<\/strong><\/td><\/tr><\/thead> Section 482 CrPC \/ Section 528 BNSS<\/strong><\/td> Gives High Courts inherent powers to prevent abuse of process and ensure justice.<\/td> The mother filed the criminal petition before the High Court under this provision challenging the trial court order that refused custody.<\/td><\/tr> Immoral Traffic (Prevention) Act, 1956 \u2013 Section 3<\/strong><\/td> Punishes keeping or managing a brothel or allowing premises to be used as a brothel.<\/td> Police registered the crime after a raid on a lodge where the victim girl was allegedly being used in prostitution activities.<\/td><\/tr> Immoral Traffic (Prevention) Act, 1956 \u2013 Section 4<\/strong><\/td> Punishes living on the earnings of prostitution of another person.<\/td> Investigation indicated that persons involved in the racket were benefiting financially from prostitution.<\/td><\/tr> Immoral Traffic (Prevention) Act, 1956 \u2013 Section 5<\/strong><\/td> Punishes procuring or inducing a person for prostitution.<\/td> The prosecution alleged that the victim was brought into prostitution through inducement and exploitation.<\/td><\/tr> Immoral Traffic (Prevention) Act, 1956 \u2013 Section 17(2)<\/strong><\/td> Provides procedure for inquiry by a Magistrate regarding custody of persons rescued from prostitution.<\/td> The mother filed an application under this section seeking custody of her daughter after she turned 18.<\/td><\/tr> Immoral Traffic (Prevention) Act, 1956 \u2013 Section 17A<\/strong><\/td> Requires verification of parents or guardians before handing over custody of rescued victims.<\/td> The Court emphasized that custody cannot be given to a parent if there is suspicion that the parent may influence or exploit the victim.<\/td><\/tr> Protection of Children from Sexual Offences Act, 2012 \u2013 Section 4<\/a><\/strong><\/td> Punishes penetrative sexual assault on a child.<\/td> Added during investigation since the rescued victim was a minor at the time of the alleged offence.<\/td><\/tr> Protection of Children from Sexual Offences Act, 2012 \u2013 Section 8<\/a><\/strong><\/td> Punishment for sexual assault on a child.<\/td> Included in the charge sheet for offences committed against the minor victim.<\/td><\/tr> Protection of Children from Sexual Offences Act, 2012 \u2013 Section 12<\/strong><\/td> Punishes sexual harassment of a child.<\/td> Applied as part of the allegations linked to the exploitation of the minor.<\/td><\/tr> Protection of Children from Sexual Offences Act, 2012 \u2013 Section 17<\/strong><\/td> Punishes abetment of offences under the POCSO Act<\/a>.<\/td> Relevant where individuals were suspected of facilitating the exploitation of the child.<\/td><\/tr> Bharatiya Nyaya Sanhita, 2023 <\/a>\u2013 Section 62<\/strong><\/td> Deals with offences affecting bodily autonomy and safety.<\/td> Included in the criminal case arising from the prostitution racket.<\/td><\/tr> Bharatiya Nyaya Sanhita, 2023 \u2013 Section 64(1)<\/strong><\/td> Provides punishment for serious sexual offences under the new criminal code.<\/td> Applied due to the alleged sexual exploitation linked to the trafficking activity.<\/td><\/tr> Bharatiya Nyaya Sanhita, 2023 \u2013 Section 75<\/strong><\/td> Addresses cruelty or harm towards a child.<\/td> Invoked considering the victim was a minor at the time of the alleged exploitation.<\/td><\/tr> Bharatiya Nyaya Sanhita, 2023 \u2013 Section 143(4)<\/strong><\/td> Relates to organized criminal acts or unlawful activities involving multiple persons.<\/td> Used because the offence allegedly involved several persons running a prostitution racket.<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n Case Details<\/h3>\n\n\n\n
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Key Takeaways<\/h3>\n\n\n\n
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