Bombay HC Grants Bail To Woman Accused Of Purchasing one-year-old Child From The Child's Biological Mother

Case: Ashwini Babar v. State of Maharashtra & Ors

A woman accused of purchasing a one-year-old child from the child's biological mother, who needed money as her husband was in jail, was recently granted bail by the Bombay High Court. Justice SM Modak expressed frustration that even in the 21st century, girls were being treated as commodities to generate financial benefits.

Although the judge acknowledged that the sale of the child had occurred due to the biological mother's husband being in jail and their need for money, he also noted that the sale was illegal. After the sale, the biological mother repaid the loan to the buyer and requested the return of her child. However, the buyer and her husband refused to return the child, leading to a complaint being filed against them.

The couple faced charges under Section 370 of the Indian Penal Code for trafficking persons, Section 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015 for prohibiting the sale or acquisition of children, and Section 39 of the Maharashtra Money-Lending (Regulation) Act, 2014 for operating a money lending business without a license.

The applicant, one of the accused in the case, filed a bail application with the High Court.

The Court granted bail, taking into consideration that the applicant was a mother of two children.