Court asks child welfare panel to decide custody of teen sex trafficking survivor

The Bombay High Court has directed the Maharashtra Child Welfare Committee (CWC) to decide the custody of a 15-year-old girl who was rescued from a prostitution ring.
The matter was referred to the committee after both of the trafficking survivor’s parents approached the court seeking custody. However, the court was informed that the father had been involved in forcing the minor daughter into prostitution.
The girl was rescued by the police in March 2023 and placed in the custody of a non-governmental organisation (NGO), Rescue Foundation, as per the orders of a sessions court. Subsequently, the father filed a custody application, which was granted in May 2023. Following this, the NGO challenged the sessions court’s order in the High Court through advocate Ashley Cusher.
The Rescue Foundation argued that the father was complicit in forcing the girl into prostitution and alleged that the sessions court’s order was illegal, as it overstepped the jurisdiction of the Child Welfare Committee (CWC).
As per the law, the custody of a minor survivor must be determined by the CWC, not the sessions court.
Advocate Swati Dube, representing the CWC, informed the High Court that the committee is already reviewing a custody application filed by the girl’s mother. She further stated that if the father submits an application, the CWC will evaluate both claims and make an appropriate decision.
Justice Shivkumar Dige emphasised the Supreme Court guidelines stipulating that a rescued child should only be placed in the care of a parent or guardian deemed suitable by the CWC.
The bench overturned the Thane Sessions Court’s May 17 order and directed the CWC to decide on the custody applications submitted by both parents.