Bombay HC Order: Rescued woman, detected with STD, released from NGO to be with her children

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To relieve a 27-year-old woman, who was rescued from a Versova hotel in September 2020, where she was reportedly forced into prostitution, the Bombay High Court recently ordered an NGO to release her from detention.

According to the prosecution, agents from the social services branch of the Mumbai Police had raided a hotel in Varsova and rescued three women, who were brought before the Metropolitan Magistrate, 15th Court, Mazgaon (in Sewri).

The magistrate then ordered that the women be taken into custody for a period of one year in an NGO called the Rescue Foundation for the treatment of sexually transmitted diseases (STDs). The survivor had tested positive for the Treponema Pallidum Elisa (TPE) test.

The woman challenged the order in Dindoshi Sessions Court, which was dismissed in November 2020.

The woman then petitioned the high court, seeking to overturn the order, insisting she was a victim and had two underage daughters to care for.

After going through his files, the High Court ordered his release. Her prescription stated that she was not HIV positive and did not need treatment. During the hearing, the court ordered that all of his tests be repeated.
This time, reports showed the woman was not suffering from any HIV-related issues.

The bench of single judge of Judge AS Gadkari declared: “It is clear that the ground on which the applicant is invited to be detained by the learned magistrate, no longer survives and, in fact, ceases to remain in force.”

The court, however, ordered him to undertake to remain present before the court of first instance whenever necessary.

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