Gujarat High Court ruled that no woman can be forced to stay in a shelter home against her will, safeguarding women’s rights, liberty, and constitutional freedom.
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AHMEDABAD: The Gujarat High Court has reaffirmed a woman’s fundamental right to liberty, ruling that a magistrate’s protective orders cannot confine her indefinitely or against her consent. The judgment highlights the importance of respecting personal autonomy, even when protective measures are involved.
Case Background
The matter arose when a woman lodged a rape complaint and was subsequently produced before a magistrate. She expressed that she had no family support and did not wish to return to her parents’ house. Given the late hour, around 8 PM on March 30, 2025, the magistrate ordered her placement in a shelter home to ensure her safety.
Later, the woman submitted an application requesting release from the shelter home, but the magistrate rejected her plea. Consequently, the petitioner approached the Gujarat High Court challenging her confinement as illegal.
High Court Findings
The Division Bench of Justice N.S. Sanjay Gowda and Justice Utkarsh Thakorbhai Desai clarified:
- Magistrates do have the power to issue orders to protect a woman’s safety, including placement in a shelter home.
- However, such an arrangement cannot be indefinite or against her will, especially if the woman is a major and capable of making her own decisions.
- Once a request for release is made, the magistrate is duty-bound to release the woman.
The Court criticized the magistrate’s refusal to release the petitioner, noting that her original placement was due to lack of immediate alternatives, not any legal requirement for custody. The Bench stated,
“No citizen can be kept in a shelter home against their wish… especially when she was not accused of any crime nor necessary for investigation purposes.”
The judgment underscores two critical legal principles:
- While the law empowers magistrates to ensure safety, this cannot override an individual’s fundamental right to liberty.
- Shelter homes are protective in nature, not punitive. Any detention without consent, especially for adults, is unconstitutional.
The High Court ordered the immediate release of the woman and allowed her to collect her personal belongings. The petition was fully allowed, reinforcing the principle that protective measures must always respect the autonomy and choices of the individual concerned.
Case Title:
MURIBEN RABARI Versus STATE OF GUJARAT & ORS.
R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 12581 of 2025
Read Order:
