Minor daughter not a property to be given away as Daan: HC

During the legal proceedings against the accused, an affidavit filed by the survivor’s father included a deed executed by him on August 29, 2018, that stated he offered his daughter to a self-styled godman residing in the village temple as “donation”

Mumbai: The Aurangabad bench of the Bombay high court sought the urgent intervention of a district Child Welfare Committee (CWC) after a routine bail application hearing of two men charged with sexually assaulting a 17-year-old, revealed that the minor’s father had “donated” her to a self-styled godman with a “daanpatra” or a donation deed.

The court had asked the minor’s father to file an affidavit on December 8, 2021, but it was filed by the “baba” instead due to a mistake part of the survivor’s lawyers (HT)

The CWC submitted its report to the court last week and the matter has been posted for hearing on February 4.

The survivor had lodged a complaint of sexual assault against two residents of a village in Badnapur taluka of Jalna district on August 13, 2021 following which the Badnapur police station registered a first information report (FIR) under sections of the Protection of Children from Sexual Offences (POCSO) Act against the two accused.

During the legal proceedings against the accused, an affidavit filed by the survivor’s father included a deed executed by him on August 29, 2018, that stated he offered his daughter to a self-styled godman residing in the village temple as “donation”.

“When the girl as per her own statement is minor, then why does the father, who is in all respect the guardian of the girl, give the girl as daan? A girl is not a property which can be given in donation,” justice Vibha Kankanwadi observed.

The advocates informed the bench that the duo had taken part in a Badnapur gram sabha which passed a resolution that the priest of the village temple, referred to as “baba”, and his disciples who consumed narcotics, should be asked to leave. They said that the complaint was filed against them on the behest of “baba”.

The survivor lived in the temple premises with her father, along with the “baba” and other disciples, the accused stated.

The court had asked the minor’s father to file an affidavit on December 8, 2021, but it was filed by the “baba” instead due to a mistake part of the survivor’s lawyers. The affidavit, however, contained a daanpatra in stamp paper, executed on August 29, 2018 between the father of the girl and the self-styled godman, which stated that the father had given his daughter in donation to him and the “kanyadan” [donation of a virgin; also a common reference to marriage] was done in “presence” of god.

The affidavit further stated that after the girl’s mother died, her father had given her up for adoption to the godman in 2018, but the adoption deed was not executed.

Disturbed by this the bench observed, “This court is concerned with the future of the minor girl and in view of such document coming forward, we can’t shut our eyes.” Adding that “it required to interfere” in view of the “actions taken by father of the girl in executing a daanpatra” the judge said, “this is in view of the future of the girl and she should not be driven to do any illegal activities.”

Observing that the probe in the case was over and the charge sheet was filed, the bench granted bail on stringent conditions to the two accused.