THRISSUR, 30 JUL

A court in Kerala has discharged five people -- two nuns and three from Jharkhand -- in a case alleging the trafficking of three underage girls for domestic work, ruling that there was no evidence of threats, coercion or exploitation.

In the 26 July order, the Court of I Additional Sessions Judge of Thrissur, K Kamanees, said that "the prosecution is not at all successful in proving a prima facie case" under Section 370 of the Indian Penal Code, which covers human trafficking.

The order pointed out that there were no claims of "threats", "fraud", "deception" or "practices similar to slavery or servitude". The survivors also stated that "no amount had been received" in exchange for their travel.

"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 abuse of power. The main allegation is that there has been some form of coercion and 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," the order said.

The case was filed in 2022 by the Railway Police, accusing the five of transporting the girls from Jharkhand to Kerala "for the purpose of working in different convents as housemaids" in furtherance of a "common intention".

The girls, aged between 15 and 18, were intercepted at Thrissur railway station by Childline members.

However, the court found that the girls had travelled "with the consent of their parents and as intended by the respective girls" in search of "a better living" and that there was "not even an allegation that any forced labour had been there".

The court noted that the survivors and their parents confirmed they had been told about domestic helper jobs in convents, with the promise of a salary.

"There had not been any instance of exploitation, sexual or otherwise, and not even an instance of bondage by any of the witnesses, nor does the prosecution have such a case," the court said.

Referring to Supreme Court precedent, the judge said that at the stage of framing charges, the court must determine if there is a "grave suspicion" based on the evidence. "Going by the second point of grave suspicion also, the prosecution fails to prove the same," the court ruled.

All five accused -- three Jharkhand natives and the Mother Superiors of St Joseph Convent in Ambakad and Fathima Convent in Poomala -- were discharged under Section 227 of the Code of Criminal Procedure.

Their bail bonds were cancelled.

"In the result, the accused persons are discharged… and they are set at liberty," the order concluded.