'Society & State Failed To Take Responsibility In Such Cases': Himachal Pradesh HC Denies Bail To Woman Allegedly Indulging Minor Girl Into Flesh Trade

The Himachal Pradesh High Court has denied bail to a 32 year old woman for allegedly indulging a minor girl into flesh trade with strangers. The Court observed that both the society and the State have failed to take responsibility in such cases.

Justice Anoop Chitkara observed,

"The reasons for the victim to run away from her home were very tragic. There was none to take care of her. The society as well as the State failed to take responsibilities in such type of cases. The petitioner after interacting with the victim realized that she is vulnerable and took advantage of her and allegedly forced her to do sex for money."

Furthermore, it said:

"She had run away from her home because of her plight and as such, she had practically surrendered to her destiny. Neither the State nor the society improved."

The victim in the case had disclosed to the police that the accused petitioner had committed wrong acts with her. Later, on being produced before the child welfare committee, it was revealed that her second mother used to scold her, due to which, she had fled away from her house and remained in Gurudwara for about one month.

A SIT was constituted in which it was found that three males had paid money to the accused for having sexual intercourse with the victim. 

Observing the facts of the case and submissions of the petitioner, the Court ordered thus:

"Prima facie the allegations point out towards the petitioner, who is the main accused. She acted like a pimp and such type of persons are not entitled to any bail."

Furthermore, it said:

"Thus the present petitioner, who is a pimp, cannot claim bail on the ground of parity and the argument of learned counsel for grant of bail to the present petitioner on the ground of parity is strongly rejected."

It rejected the contention made by counsel for the petitioner that the victim on her own had not approached the police and in fact, it was the police who had arrested her in a theft case and during her interrogation, the police came to know about the aforesaid offences. Rather, the Court observed, "simply because the victim was unaware or she at that point of time did not choose to inform the police would not make out a case for bail to the petitioner on this ground."

Case Title: Renu Devi v. State of H.P.

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