Gujarat High Court Upholds Fundamental Rights, Orders Immediate Release of Woman from Shelter Home

Court Rules Detention in Shelter Home Against a Woman's Will Violates Constitutional Rights

In a landmark judgment, the Gujarat High Court has ordered the immediate release of Muriben Rabari, who was detained against her will in a shelter home following a Magistrate's order. The Division Bench comprising Justices N.S. Sanjay Gowda and Utkarsh Thakorbhai Desai ruled that the detention contravened Rabari's fundamental rights under Article 21 of the Constitution, which guarantees the right to life and personal liberty.

The case stemmed from an incident on January 10, 2025, when Rabari lodged a complaint alleging rape, resulting in the registration of an FIR. Presented before a Magistrate late in the evening, Rabari expressed her unwillingness to return to her parents' home due to lack of familial support. Consequently, the Magistrate ordered her detention in a shelter home, citing her safety and security.

However, Rabari later petitioned for her release, insisting on her right to liberty. Despite her request, the Magistrate denied her application, forcing Rabari to seek judicial intervention through a habeas corpus petition.

The High Court noted the inherent power of a Magistrate to ensure the safety of individuals by placing them in shelter homes. Nonetheless, the Bench emphasized that such orders must not be indefinite or against the individual's will, especially for adults capable of making their own choices. The Court declared the Magistrate’s order as non est, highlighting that no citizen should be detained in a shelter home against their wish unless implicated in a crime or required for investigation.

In delivering the oral order, the Court remarked that the Magistrate's observations were inappropriate, given Rabari was neither accused nor necessary for any ongoing investigation. The Court underscored the importance of respecting fundamental rights and personal liberty, which are paramount in a democratic society.

The judgment mandates the immediate release of Rabari and allows her to retrieve her belongings from the shelter home. This decision reinforces the judiciary's role in safeguarding constitutional rights and emphasizes the importance of liberty and personal choice.

Legal experts have hailed the judgment as a significant affirmation of individual rights, particularly for women. The decision sets a precedent ensuring that shelter homes cannot be used as instruments of confinement beyond their intended purpose of providing temporary safety.

Bottom Line:

Habeas Corpus - Detention of a woman in a shelter home against her will - Held, a Magistrate may pass an order for the safety and security of a woman by sending her to a shelter home; however, such detention cannot be indefinite or against her will. A major woman, refusing to stay in the shelter home and requesting liberty, must be set free as it contravenes her fundamental right to lead a life of her choice. 

Statutory provision(s): Article 21 of the Constitution of India

Muriben Rabari v. State of Gujarat, (Gujarat)(DB) : Law Finder Doc Id # 2785797