Telangana HC orders release of 18-year-old from children's home after ‘illegal detention' plea
The division bench of Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar allowed the writ petition moved by the woman's aunt, who was earlier discharged by the Telangana High Court of offences under the Immoral Traffic (Prevention) Act, 1956.
Involved in a sex trafficking and prostitution case in Yadagirigutta in Bhongir district, the minor had been placed in various Child Care Institutions, including the NGO Prajwala, since 2018. The petitioner argued that her niece was being illegally detained despite having reached adulthood and facing no pending charges.
Prajwala moved an implead petition in the case, opposing the woman's release on the grounds that she should continue to reside in the government home for the sake of rehabilitation and support.
However, the petitioner's counsel opposed this, stating that the 18-year-old's detention was a violation of her freedom and went against the Juvenile Justice Act, 2015, as she was now an adult. The counsel also contended that the woman's detention was being extended despite there being no pending offences and that it was against the law laid down in the Juvenile Justice Act.
Justice Bhattacharya observed that if the woman is an adult, she is free to go wherever she wishes. While the government pleader stated the state's only interest was to provide support, the court determined that the woman was being held against her will.
'Considering the overall circumstances, we, however, deem it fit to direct the CWC [Child Welfare Committee] Yadadri-Bhuvanagiri district to periodically enquire about the welfare of the detenue, preferably, once every month,' Justice Bhattacharya said, adding, 'The detenue shall be at liberty getting in touch with the CWC in case the detenue needs any assistance, including for her aspirations.'
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