Bombay High Court Grants Bail to Lesbian Couple in Kidnapping Case

The Bombay High Court has granted bail to a lesbian couple accused of kidnapping a five-year-old, despite acknowledging illegal actions were taken in their desire to have a child. Justice Manish Pitale emphasized the lack of evidence of exploitation of the child.

The Bombay High Court has granted bail to a lesbian couple involved in the alleged kidnapping of a five-year-old girl. The court recognized their extreme measures to experience parenthood, despite societal and legal challenges facing same-sex couples in India, especially within the confines of prison.

Presiding over the case, Justice Manish Pitale noted the apparent illegal actions by the couple, who reportedly received the child from co-accused individuals. However, the court found no evidence of any ill-treatment or exploitation of the child, thus deeming the offense bailable.

Despite making a strong prima facie case for the kidnapping charge, the justice acknowledged the couple's ten-year relationship and their longing for a child. The FIR, prompted by the child's parents, has led to the couple's eight-month incarceration, raising issues of social stigma and adoption barriers for same-sex couples.

(With inputs from agencies.)