'I Have Every Respect For Women Who Are Pushed Like This' : Justice Indira Banerjee Recalls Pain Of 14-Year Old Trafficked Girl

While hearing a plea to stay the realise of "Gangubai Kathiawadi" movie, Supreme Court judge Justice Indira Banerjee on Thursday recalled meeting a 14 year old girl who was trafficked under the false pretence of a job.

"This court recognises the ignominy of harassment that such people have to go through… If you ask me personally, I have every respect for those women who are pushed like this. I used to head the West Bengal Legal Services Authority and before that, I used to head the Calcutta High Court Legal Aid Committee. Even today it sends goose pimples when I think about a 14-year-old girl who was not getting four square meals," said Justice Indira Banerjee.

The bench, also comprising Justice JK Maheshwari, was hearing a petition filed by a man claiming to be adopted son of "Gangubai Kathiawadi", who alleged that the film defamed his adoptive mother by portraying her as a prostitute. 

During the hearing, Senior Advocate C Aryama Sundaram appearing for director Sanjay Leela Bhansali had submitted that the film was showing her as a brave woman who fought the social injustices, after being trafficked and tricked into prostitution.

"Social media is in awe of this lady and all are saying that this is about the rise of a woman. Nobody thinks that the film is defamatory," Sundaram added.

Justice Indira Banerjee, the presiding judge of the bench at this juncture, commented that she has immense respect for women who are pushed into flesh trade.

"This court recognises the ignominy of harassment that such people have to go through… If you ask me personally, I have every respect for those women who are pushed like this," she further added.

Recalling her encounter while she was headed the Calcutta High Court Legal Aid Committee and later West Bengal Legal Services Authority with a 14 year old girl who was trafficked under the false pretense of job, the judge said,

"I used to head the West Bengal Legal Services Authority and before that, I used to head the Calcutta High Court Legal Aid Committee. Even today it sends goose pimples when I think about a 14-year-old girl who was not getting four square meals. I once came across the trafficked lady & when I think of her, a 14 year old girl who was not getting 4 square meals was being brought by her aunt who was looking after her. Some so-called aunt said, you come to Bombay , you'll have a good job & all she agreed to go thinking she'll be able to get 4 square meals. When she went there she was abused by multiple men. In one course of night everyone insisted for the young girl to satisfy them unprotected. She was picked up by some client who saw her pity & was handed over to an NGO. It still sends shivers & she was HIV positive. She caught my hands like this & said what have I done."

She further said, "This is the plight of a lot of people who are there & people who criticize, what about the clients who go there? I have utmost respect for the ladies, but what to do if the families have sensibility?"

Justice Indira Banerjee while sharing her experience during the course of hearing also said that she had met a lady who out of those circumstances was doing an immense amount of work to get them out of there.

"I have also met a lady who, out of those circumstances, was doing an immense amount of work to get them out of there & the difficulties that they were facing," said Justice Banerjee.

Responding to the remarks made by the judge, Senior Advocate C Aryama Sundaram said, "This story was how a person was thrust into that & how did they come out of it. It is a motivating story. There is a huge statute of her in the area. She is treated as a "devta" there. What harm is being done by that? Their claim is that if she has been violated, is it ruining their reputation?"

"If half of the people were sensitive, then half of the problem would be over," said Justice Banerjee.

The Top Court however dismissed the petition while remarking that when an injunction is sought, there should be clear pleadings. "You have not shown any prima facie case," the bench added.

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