In a recent development, the Calcutta High Court intervened on behalf of a transgender rights advocate who had been facing charges of kidnapping after assisting a transwoman in escaping a distressing situation within her own family [Avinaba Dutta vs State of West Bengal].
Justice Prasenjit Biswas took the decision to dismiss the First Information Report (FIR) that had been filed against Avinaba Dutta. Dutta, who identified as a dedicated frontline worker and researcher within the transgender community, had been accused of involvement in the kidnapping. However, during the court proceedings, it emerged that Dutta had played a role in rescuing the transwoman from her predicament.
The transwoman, represented by her legal counsel, revealed that she had voluntarily left her family's home to seek refuge from ongoing emotional and physical abuse. She had found solace in Bengaluru, away from the ordeal she had been enduring.
The court found that proceeding with the trial against the accused individuals would lead to an unjust and unnecessary harassment, especially when the circumstances strongly indicated a potential acquittal. The court observed that there was no evidence of abduction or kidnapping, as the transwoman had willingly chosen to leave her home due to her family's mistreatment. Consequently, the FIR that had been lodged against Avinaba Dutta on October 22, 2022, was dismissed.
The court was apprised of the transwoman's distressing situation, where she had confided in Dutta about the mental and physical torment inflicted upon her by her family and neighbors. Her aspirations for an independent life and career were suppressed by her family, who detained her against her wishes.
The turning point occurred on September 7, 2022, when the transwoman expressed her decision to leave her family's home. Dutta, along with representatives from the West Bengal Transgender Development Board, advised her to inform the local police in Matelli town about her intentions. She followed this advice by writing a letter to the Matelli Police Station. Unfortunately, the police inadvertently informed her family of her intentions.
Despite her departure being entirely voluntary, her family later lodged a complaint against Dutta, falsely accusing him of kidnapping.
The High Court's decision hinged on the legal perspective that a case of kidnapping under Section 365 of the Indian Penal Code requires actual abduction. In the absence of such abduction, the court concluded that the offense under Section 365 did not apply. As a result, the court dismissed the criminal case against Dutta.
Advocates Sremoyi Mukherjee and Esha Acharya represented Avinaba Dutta, while Advocate Kaushik Gupta represented the transwoman. Additional Public Prosecutor Aditi Shankar Chakraborty, along with advocate Abhijit Sarkar, appeared on behalf of the State.
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TAGS: transgender rights activist Calcutta High Court FIR transwoman kidnapping Avinaba Dutta rescue harassment torture family Justice Prasenjit Biswas quashed transgender community trial acquittal abduction Indian Penal Code Section 365 dismissal legal counsel West Bengal Transgender Development Board Matelli Police Station emotional abuse physical abuse independent life career legal proceedings false accusation legal representatives Additional Public Prosecutor Aditi Shankar Chakraborty Advocate Kaushik Gupta Sremoyi Mukherjee Esha Acharya.
