Kolkata, Aug. 30 -- A 15-year-old girl was allegedly kept locked in a flat and made to work as a domestic help, but the Calcutta High Court has refused to let the couple escape trial on their claim that they had sheltered her out of "charity".
Childline rescued the girl around 9.25 pm on November 30, 2022, from a Shapoorji Housing Complex flat after receiving information through the 1098 helpline. The complaint alleged that she was made to look after the couple's children and do heavy household chores for a promised Rs 1500 a month, in addition to food and accommodation.
The couple denied employing her, saying she was facing family problems and had been given food, shelter and care out of kindness.
Justice Uday Kumar said quashing a case at the threshold must be done cautiously and only in rare cases.
The court noted that the Child Labour Act seeks to prevent the economic exploitation of children and found sufficient initial material for the prosecution to proceed.
The court noted conflicting versions from the girl. Her first police statement referred to domestic work, confinement and payment, while her later statement before a magistrate gave a different account.
The initial statement and circumstances of her late-night recovery pointed towards work being taken in exchange for promised payment, it said.
Whether it was "charity" or "illegal child labour" was a factual dispute for trial, the court said. It could not assess the girl's credibility or resolve the conflicting statements at the quashing stage.
The plea was dismissed, any interim stay vacated and the trial court directed to proceed expeditiously and strictly according to law, uninfluenced by the High Court's observations.
Published by HT Digital Content Services with permission from Millennium Post.