TORONTO (Diya TV) — A court in Canada has rejected a claim by an Indian real estate agent that abducting a 9-year-old boy was a “cultural misunderstanding,” sentencing him to 18 months in prison and placing him at risk of deportation. Manoj Govindbalunikam, 37, received the sentence in April after a judge found him guilty of abducting a child in August 2023. The case has drawn attention due to the defense’s argument that the accused misunderstood cultural norms.
Authorities said Govindbalunikam lured the boy into his yellow Chevrolet Camaro using a fidget spinner. He then offered the child toys and ice cream. The incident began when the boy was walking home alone and Govindbalunikam approached him then offered a ride.
Police said the man asked the boy to leave his bicycle behind before getting into the car. He then drove the child to a local tavern, where he bought him ice cream. Witnesses at the tavern became suspicious after they recognized the boy but did not know the man. They quickly contacted the police, who responded and located the pair.
During the trial, Govindbalunikam pleaded not guilty. His lawyer argued that the incident did not involve harmful intent. The defense described the actions as a “cultural misunderstanding.” The lawyer told the court that offering a child food, toys, or transportation could be seen as a kind gesture in some cultures. He claimed the accused had no intention to harm the boy.
“The subject also admitted offering the victim a toy and food as a kind gesture,” the attorney said during the hearing. The defense also sought a lighter sentence. The lawyer requested a conditional discharge, which would have allowed Govindbalunikam to avoid a criminal record and possible deportation.
Under Canadian law, a prison term of six months or more can make a non-citizen inadmissible. This could lead to removal from the country but the judge firmly rejected the defense’s argument. In the ruling, the court stated that the explanation lacked credibility.
“I do not accept that this abduction was a result of a ‘cultural misunderstanding,’” the judge said. The judge noted that Govindbalunikam had lived in Canada for more than a decade and he worked in two demanding professions during that time. The court said he should have understood Canadian laws and social norms.
“He has been a resident of Canada for too long to suggest that this was an innocent error,” the judge added.
The ruling emphasized that taking a child without consent is a serious offense. The court also highlighted the importance of protecting minors from potential harm. Govindbalunikam also claimed that the charges against him were influenced by racism. He told the court that he had never experienced discrimination before his arrest.
His lawyer repeated that argument, stating that authorities misinterpreted his actions due to cultural differences. However, the court did not accept this claim. The judge focused on the facts of the case and the actions of the accused.
With the 18-month sentence in place, Govindbalunikam now faces possible deportation from Canada. Immigration authorities may review his case under the Immigration and Refugee Protection Act.
