LexVISHAL JEET versus UNION OF INDIA AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
r VISHAL JEET v. UNION OF INDIA AND ORS. MAY 2, 1990 A [S. RATNAVEL PANDIAN AND K. JAYACHANDRA B REDDY, JJ.] Constitution of India, 1950.: Article 32-Public interest litigation -Writ petition seekin_g directions for inquiry against forced prostitution Devadasi and login traditions and rehabilitation of the victims-Held prostitution is not only social but also a socio-economic problem- Eradicating measures should be preventive rather than punitive-A roving inquiry by C.B.l. neither practicable nor desirable-However, directions issued by Supreme Court for setting up of Advisory Commit- tees to evolve measures for care, protection and rehabilitation of victims-Law enforcing authorities to take appropriate and speedy action under existing law for eradicating the malady of prostitution. Article 23-'Right against exploitation'-'Traffic in Human beings'-Expression is very wide including prohibition of traffic in women for immoral or other purposes. c D Article 39(e)(f)-State has an obligation to safeguard the interest E and welfare of the children and girls of the Country. The Immoral Traffic (Prevention) Act, 1956: Object of the Act- What is-Indian Penal Code, 1860: Sections 366-A, 366-B, 372 and 373. The Juvenile Justice Act, 1986: Sections 13 and 15. · · The petitioner filed a writ petition in this Court under Article 32 of the Constitution of India by way of public interest litigation seeking directions for (i) inquiry against police officials under whose jurisdic- tion the malady of forced prostitution, Devdasi system and Jogin tradi- tions were Oourisbing and (ii) for rehabilitiation of the victims of this F malady. G Disposing the writ petition, this Court, HELD: I. The malady of prostitution is not only a social but also a socio economic problem and, therefore, the measures to be taken in that regard should be more preventive rather than punitive. This cannot be H 861 A B c 862 SUPREME COURT REPORTS [1990] 2 S.C.R. eradicated either by banishing, branding, scourging or inflicting severe punishment on the helpless and hapless victims most of whom are unwilling participants, aud involuntary victims of compelled circums- tances and who, finding no way to escape, are weeping or wailing throughout. This devastating malady can be suppressed and eradicated only if the law enforcing authorities in that regard take very severe and speedy action against all the erring persons such as pimps, brokers and brothel keepers. [867D; E-G] 2. In-spite of the stringent and rehabilitative provisions of law contained in Constitution of India, 1950, the Immoral Traffic (Preven- tion) Act, 1956, Indian Penal Code, 1860 and the Juvenile Justice Act, 1986, it cannot be said that the desired result has been achieved. It cannot be gainsaid that a remarkable degree of ignorance or callousness or culpable indifference is manifested in uprooting this cancerous growth despite the fact that the day has arrived imperiously demand- ing an objective multi-dimensional study and a searching investiga- tion into the matter relating to the causes and effects of this evil D and requiring the most rational measures to weed out the vices of illicit trafficking. [867C-D) 3. The Courts also in such cases have to always take a serious view of this matter and inflict condign punishment on proof of such offences. However, it is neither practicable and possible nor desirable to E make a roving enquiry through the C.8.1. thrughout the length and breadth of the country. and no useful purpose will be served by issuing any such direction. [867G; 867E) . \ 4. Apart from legal action, both the Central and the State Governments have got an obligation to safeguard the interest and F welfare of the children and girls of this country. [867HJ Lakshmi Kant Pandey v. Union of India, [1984) 2 SCC 244 and Guarav Jain v. Union of India & Ors., AIR 1990 S.C. 292, referred to. 5. All the State Governments and the Govermnents of Union G Territories should direct their concerned law enforcing authorities to take appropriate and speedy action under the existing laws in eradicat- ing child prostitution without giving room for any complaint of remiss- ,.. ness or culpable indifference. They should also set up separate Advisory Committees for making suggestions for eradication of prostitution, implementation of the social welfare programmes for the care, protec- H tion, treatment, development and rehabilitat
Excerpt shown. Read the full judgment & AI analysis in Lexace.