Ahmedabad’s Gujarat High Court on Thursday ordered the immediate release of a young rape survivor who had been kept in a government shelter home for months despite her repeated pleas to leave. The bench made it clear that no adult citizen can be confined against her will, calling the lower court’s earlier decision “unwarranted and unconstitutional.”
Background
The woman had lodged a rape complaint on 10 January 2025. With no family support and late-night proceedings, the magistrate on 30 March directed that she be placed in a women’s shelter home. Later, she applied to leave, saying she wished to live independently, but the magistrate rejected her request. This led her to move the High Court through a habeas corpus petition, alleging illegal confinement.
Court’s Observations
During the hearing, the state produced both the petitioner and the shelter superintendent. The judges listened patiently and questioned why she had been forced to stay despite being an adult. “A magistrate may order protective custody for safety, but such confinement cannot be indefinite and certainly not against her will,” Justice N.S. Sanjay Gowda observed. The bench also noted that the magistrate’s remarks went beyond the scope of the case, stressing that the survivor was neither an accused nor required for investigation.
Decision
Calling the magistrate’s order a breach of the woman’s fundamental right to live freely, the court declared it “non est,” meaning legally void. It directed the shelter home to release her immediately and allowed her to collect her belongings. With this, the writ petition was allowed, and the woman walked out of court as a free citizen.
Case Title: Gujarat High Court Orders Immediate Release of Rape Survivor Confined in Shelter Home
Case No.: R/Special Criminal Application (Habeas Corpus) No. 12581 of 2025
Date of Order: 19 September 2025
