Kerala sessions court closes case against two nuns in trafficking case

Thrissur Additional Sessions Court recently closed a criminal case against five accused persons including two nuns booked for allegedly trafficking minor girls from Jharkhand to Kerala for domestic work in convents [State of Kerala v Amalesh Oroon & ors]

Additional sessions judge K Kamanees found that the three minor girls from Jharkhand were brought to Kerala with the knowledge and consent of their parents and observed that there was no material to establish a prima facie case of trafficking under Section 370 of the Indian Penal Code (IPC).

"There is absolutely no recital that the girls had been transported using any threats. There is no case of committing any abduction or playing fraud/deception or by abuse or power. The main allegation is that there has been some form of coercion and that of inducement. It has to be seen that none of the witnesses including the survivors state so. The survivors state that no amount had been received. There is not even an averment to the effect that any attempt similar to slavery or servitude has even been committed. 20. In other words, the prosecution is not at all successful in proving a prima facie case against the accused persons," the Court ruled.

The case arose when three minor girls, aged between 15 to 18, from Jharkhand were intercepted at Thrissur Railway Station by Childline officials who suspected that they were being trafficked for labour.

The prosecution alleged that the accused including the two nuns, who were the Mother Superiors of two convents in Thrissur district, brought the girls to Kerala on the promise of domestic jobs in convents.

According to the prosecution, the Childline team noticed the girls arriving in the Dhanbad–Alleppey Express and approached them for questioning.

On verifying their identity documents and after speaking with the girls, the officials alerted the Child Welfare Committee and filed a complaint with the railway police station.

A case was registered under Sections 370(1), 370(2), and 370(5) read with Section 34 of the Indian Penal Code (IPC), which deals with crimes involving human trafficking.

During the investigation, the statements of the girls, their parents and officials involved in their rescue were recorded.

Medical examinations confirmed that all three girls were minors. However, their statements revealed that they were coming to Kerala for domestic work in convents and that there was no allegation of abuse, bonded labour or exploitation.

The session court also observed that the essential elements of trafficking, such as inducement, coercion or slavery like conditions were absent in the present case.

The Court further noted that the girls had not even begun any work in Kerala when they were intercepted by the Childline team and there was no denial of earnings.

In view of the above, the Court found no sufficient ground to proceed to trial and discharged all the five accused.

[Read Order]