LexGAURAV JAIN versus UNION OF INDIA AND ORS.
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GAURAV JAIN A v. UNION OF INDIA AND ORS. JULY 9, 1997 (K. RAMASWAMY AND D.P. WADHWA, JJ.] B Constitution of India, 1950 - Anicles 14, 15, 21, 23, 24, 32, 38, 39(f) and 46: Public Interest Litigation-Petition filed for rehabilitaiioll of childrell of c Prostitutes-Held, such childre11 have right to equality of opporlllnity, dignity, care, protectioll alld rehabilitation, to be pmt of the mainstream of social life without ally stigma-Mahajall Committee Reporl workable at National level-Suggestions in Mahajan Committee Reporl regarding child develop- ment and care centres requires to be examined--<:Jiildren of prostitutes alld D even child prostitutes to be treated as 'lleglected juveniles' as defined ill Juvenile Justice Act-No stigma to be attached to such childre11-To be rescued from redlight areas and temporarily shifted to Juvenile Homes-17iereafter to be rehabilitated-Establishillg Juvenile Homes--Of- ·ficers in charge of Juvenile Homes to protect the children ill Juvenile E Homes---Ma11dat01y obligation of State-Constituting Juvenile Welfare Board-Rescue and rehabilitation operatioll to be kept under Depanment of Women and Child Development under UlliOll Ministry of Humall Resour- ces--NGOs to be associated with the rehabilitation work-Unioll Minister of Welfare to constitute a Committee withill one month for evolving suitable schemes and to submit reporl within three months thereafte1~State Govem- F ments to implement the Schemes--Pennanent Committee of Secretaries to be constituted to review the progress of the implementation of the Schemes-Pe- riodical progress reporl to be submitted to Supreme Cowt-Juve11ile Justice Act, 1986. A1ticle 142 : Directions unde~Difference of opinion between the Judges in the Divisioll Bench of Supreme Cowt-One of the Judges issuing directions regarding rescue and rehabilitation of Prostitutes for efficacious enforcement G of their fundamental rights-Juvenile Justice Act, 1986--lmmoral Traffic H 105 106 SUPREME COURT REPORTS [1997] SUPP. 2 S.C.R. A (Prevention) Ac~ 1956. B c D Articles 32 and 226 : Public Interest Litigation-Nature scope, ambit and power of Court to grant reliefs. Articles 32, 142 and 145(5)-PIL-Enforcement of fimdamental rights and human rights of the poor-Invocation of Art. 142 by a Single Member of a Bench of Supreme Court when there is difference of opinion among the Judges in the Benc~ontrary opinions expressed by each Member of the two Judge Bench. Juvenile Justice Act, 1986 : S.2( 1)--'Neglected Juvenile'-Definition-Interpretation of. Words & Phrases : 'Brothel'-"Prostitution ''-'A huse ', 'Sexual abuse'-'Public Place'- Meaning of in the context of Immoral Traffic (Prevention) Act, 1956 and Juvenile Justice Act, 1986. Labourers working on Sala/ Hydro Project v. State of Jammu & Kash- E mir & Ors., [19113) 2 SCC 181; Dr. Upendra Baxi & Ors. (II) v .. State of U.P. & Ors., [1986) 4 SCC 106; Vincent Panikurlangara v. Union of India & Ors., [1987) 2 SCC 165; Rural Litigation and Entitlement Kendra v. State of U.P., [1989) Supp.1SCC504; M.C. Mehta &Anr. v. Union of India & Ors., [1987) 1 SCC 395; Bandhua Mukti Morcha v. Union of India & Ors., [1984) 3 SCC F 161 and Santhal Pargana Antyodaya Ashram v. State of Bihar & Ors., [1987) Supp. SCC 141, Relied on. Madhu Kishwar & Ors. v. State of Bihar & Ors., [1996) 5 SCC 125 and Gaurav Jain v. Union of India & Ors., [1990) Supp. SCC 709, referred to. G ORIGINAL JURISDICTION: Writ Petition (C) No. 824of1988. WITH Writ Petition (Crl.) No. 745-754 of 1990. H Under Article 32 of the Constitution of India. (1 < / GAURAVJAINv. U.0.I. 107 V.C. Mahajan, Ms. Abha Jain, R. Venkataramani, Mrs. Niranjan A Singh, Mrs. Sushma Suri, C.V.S. Rao, M. Veerappa, Mrs. Monjula Kulkar- ni, Prem Malhotra, Ajay Siwach, Aruneshwar Gupta, Ranjan Mukherjee, Mrs. H. Wahi, Ms. Nandini Mukherjee, S.M. Jadhav, M.N. Shroff, S. Bhowmick, S.K. Agnihotri, D.M. Nargolkar, V. Krishnamurthy, R. Sasiprabhu, Mrs. M. Karanjawala, Shri Narain, Ashok Mathur, R.B. Misra, B Ms. S. Janani, B.V. Desai, Ms. Anu Sawhney, B.B. Singh, Shakil Ahmad Syed, Vishal Jeet, R.C. Verma, Tara Chandra Sharma, B.V. Bairam Das and Ms. A. Subhashini for the appearing parties. The following Orders of the Court were delivered : "Frailty, thy name is woman", was the ignominy heaped upon women of Victorian Era by William Shakespeare in his great work 'Hamlet'. The history of sociology has, however, estab~he
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