The Karnataka High Court has temporarily halted the deportation of Nina Kutina, a Russian woman, and her two young daughters, who were discovered residing in a cave in Gokarna. The court's intervention emphasizes the critical need to consider the welfare and rights of the children, aligning with the principles of the United Nations Convention on the Rights of the Child (UNCRC).
Nina Kutina, 40, along with her daughters Preya, 6, and Ama, 4, were found living in a cave in the Ramatirtha hills of Kumta taluk on July 11. Police discovered them during a safety inspection patrol of the area, which is prone to landslides, especially during the monsoon season. Kutina had been staying in the cave for nearly two weeks, having arrived in Gokarna via Goa.
Kutina's legal troubles stem from overstaying her visa, which expired in 2017. She initially entered India on a business visa in 2016 and traveled through Goa and Gokarna. Despite the visa expiration, she remained in India, with a brief trip to Nepal before returning. Reportedly, she disappeared into the coastal forests of Karnataka in 2018.
The decision to halt the deportation came during a hearing of a writ petition challenging the deportation order issued against the children. Advocate Beena Pillai, representing the petitioner, argued that the deportation process disregarded the children's welfare and violated UNCRC principles. Justice S Sunil Dutt Yadav presided over the hearing.
The Assistant Solicitor General (ASG), representing the Union of India, informed the court that the children lacked valid travel or identity documents. Based on this, the court found that immediate deportation was unreasonable. The court has stressed the importance of a detailed hearing to thoroughly examine the case and directed the respondents to submit a written affidavit confirming the absence of valid documents and file their objections within two weeks. The next hearing is scheduled for August 18. The court has also issued a directive that no deportation plan can be executed without prior intimation to the court, effectively stalling any unilateral deportation effort.
According to FRRO sources, legal procedures regarding the deportation of her minor daughters are also being examined. Nina has refused to send the children to their father, an Israeli national named Dror Goldstein, with whom she was previously in a live-in relationship. Under Indian law, she can only be deported to her country of origin — Russia. She is currently housed at the Foreigners Detention Centre (FDC) near Dibbur, Tumakuru.
The discovery of Nina and her daughters living in the cave raised concerns about their safety and well-being. The cave was located in a dangerous zone, with risks of landslides, snakes, and poisonous insects. Local sources indicated that her presence was discovered just in time, preventing potential danger. Despite these dangers, she had chosen the cave for solitude and to avoid hotels or rentals, which require ID proof and formal documentation.
The case has also brought to light a custody battle, as Kutina's estranged Israeli partner is seeking custody of their children. This adds another layer of complexity to the situation, requiring the courts to consider the children's best interests in all decisions.