'Their Actions Were Driven by Their Desire To Become Parents', Says Bombay High Court While Granting Bail to Lesbian Couple Accused of Trafficking and Kidnapping Minor Girl

On Tuesday, November 19, the Bombay High Court granted bail to a lesbian couple accused of trafficking and kidnapping a five-year-old girl. While granting bail to the lesbian couple, the court said that their actions were driven by their desire to become parents. The high court bench of Justice Manish Pitale also said that while the couple's conduct prima facie met the criteria for kidnapping under Section 363 of the Indian Penal Code (IPC), a bailable offence, it did not satisfy the ingredients for trafficking under Section 370. The court also noted that a statement from a key witness supported the couple's claim that they had been living together for about ten years and had even "married" in a temple. "The aforesaid statement does indicate a prima facie case in favour of the applicants to claim that they are in a same sex relationship. It is specifically stated that they were desirous of having a child, which was biologically impossible. In the present state of affairs, they would also be unable to adopt a minor child," the court said. HC on Sex With Minor Wife: Man Having Consensual Sexual Intercourse With Wife Under 18 Can Be Booked for Rape, Says Bombay High Court.

HC Grants Bail to Same-Sex Couple in Kidnapping Case

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