Petition to release trafficked minor from illegal confinement and let her uncle take care of minor till the time she is handed over to her parents


Mohammad Faroz vs state of J&K and others, OWP 141/16, J&K High Court. Synopsis The petitioner namely Mohammad Faroz is the maternal uncle of a minor girl namely Parveen, who has been brought into the territory of India via Bangladesh border illegally and was consequently sold to a kashmiri native at Rs 80,000 in Delhi. The minor girl is from Myanmar (Burma) and belongs to the Rohingya Community, and the rohingyas since from 2011 face worst kind of ethnic cleansing sponsored by the government agencies. In 2015 July the Parveen lost her family members after the communal riots broke out and the whole family got disintegrated from each other, thereafter she was told by someone in Myanmar that her family has migrated to Bangladesh and then she also went with that person to Bangladesh. From Bangladesh she was very clandestinely brought into the territory of India and sold by the trafficking mafia to a Kashmiri native. Facts In Kashmir the minor was treated like a slave and was made to work like an animal. Therefore, a criminal complaint under the various provisions of RPC (ranbir penal code) was moved on behalf of maternal uncle to the concerned police station but the station house officer refused to entertain the complaint. Hence the writ petition was moved before the Hon’ble High Court. Prayer The petitioner sought the directions against the respondents to release the minor from illegal confinement and thereby allow the petitioner to take care of minor till the time she is handed over to her parents. status The minor was taken out from the illegal custody of a Kashmiri native with the help of police on the directions of Court. Presently, the minor is in juvenile home and all formalities with regard to acquiring the refugee status stands almost complete. The minor is expected to get the refugee status soon.