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K’taka HC asks cop not to indulge in ‘moral policing’

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Bengaluru: The Karnataka High Court (Dharwad bench) has imposed a penalty of Rs 1 lakh each on a police inspector and a rehabilitation centre for forcefully keeping a married woman and her three-year-old daughter at the centre. The court further expressed its displeasure that the act of the policeman, in this case, amounts to moral policing and said that a police inspector can not intervene in the married life of a person.

The verdict was given by a bench headed by Justice N.S. Sanjay Gowda. The woman had filed a petition before the court seeking her release from the rehabilitation centre. The bench has also observed that it is an unfortunate case of a woman being kept at a centre where victims of human trafficking and sexual assault are rehabilitated.

The bench has ordered that the inspector and rehabilitation centre must pay the fine to the court and the registrar should deposit the amount in the name of the girl child as a fixed amount and the petitioner can take the interest.

The petitioner, who got married in 2007, had a daughter out of the wedlock. In 2021, on May 3, she moved out of her husband’s house along with the kid due to family dispute. The husband filed a missing complaint with Malamaruthi police station.

Inspector Balasaheb Patil called the woman to the police station and tried for reconciliation. When she rejected his offer, she was sent to the rehabilitation centre where victims of human trafficking and sexual assault are kept.

The court underlined after verifying statements of the inspector and the victim, that the woman had not requested shelter in the first place. Since she rejected living with her husband, she had been sent to the rehabilitation centre. This reflects a lack of humanity and sensitivity on the part of the police inspector.

The court also objected that even after several requests the woman was not allowed to go outside and said she was kept in illegal detention for 6 months.

The woman stated that she was in love with a man living in the neighbourhood. With an intention to live with him, she decided to end her marriage. She also said that the inspector forcefully kept her in detention so that she could not have any contact with the outside world, particularly the man whom she loved.

It is clear that the woman was kept in forceful detention. The Police inspector cannot interfere in the life of a person. This amounts to moral policing, the court said. The verdict was given on December 8.

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