Bench:
Pandian, S.R. (J)
Issue:
Writ petition seeking directions for inquiry against forced prostitution, Devadasi and Jogin Traditions and Rehabilitation of the victims.
Facts:
1. 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
- Inquiry against police officials under whose jurisdiction the malady of forced prostitution, Devadasi system and Jogin traditions were flourishing and
- For rehabilitation of the victims of this malady.
2. The petitioner also asked the CBI to
- To institute an enquiry against those police officers under whose jurisdiction Red Light areas as well Devadasi and Jogin traditions are flourishing and to take necessary action against such erring police officers and law breakers;
- To bring all the inmates of the red light areas and also those who are engaged in 'flesh trade' to protective homes of the respective States and to provide them with proper medical aid, shelter, education and training in various disciplines of life so as to enable them to choose a more dignified way of life and
- To bring the children of those prostitutes and other children found begging in streets and also the girls pushed into 'flesh trade' to protective homes and then to rehabilitate them.
Appellants Contention
The petitioner cited certain lurid tales of sex with sickening details alleged to have been confessed by some children and girls either escaped or rescued from such abodes of ill-fame. After giving a brief note on Devadasi system and Jogin tradition, the petitioner states that this system and tradition which are still prevailing in some parts of the country should be put to an end. The ultimate plea of the petitioner is that the young children and girls forcibly pushed into 'flesh trade' should be rescued and rehabilitated.
With this petition, the petitioner also filed 9 affidavits said to have been sworn by 9 girls who claim to be living in the brothel houses, pleading for rescue. Be it noted that no counter has been filed by any one of the respondents.
Respondent Contention
The Court responded saying that the matter is of great importance warranting a comprehensive and searching analysis and requiring a humanistic rather than a purely legalistic approach from different angles. The questions involved cause considerable anxiety to the Court in reaching a satisfactory solution in eradicating such sexual exploitation of children.
Final Decision:
The court disposed of the Writ Petition by giving the following directions:
1. All the State Governments and the Governments of Union Territories should direct their concerned law enforcing authorities to take appropriate and speedy action under the existing laws in eradicating child prostitution.
2. The State Governments and the Governments of Union Territories should set up a separate Advisory Committee within their respective zones, to make suggestions of:
(a) The measures to be taken in eradicating the child prostitution, and
(b) The social welfare programmes to be implemented for the care, protection, treatment, development and rehabilitation of the young fallen victims namely the children and girls rescued either from the brothel houses or from the vices of prostitution.
3. All the State Governments and the Governments of Union Territories should take steps in providing adequate and rehabilitative homes manned by well-qualified trained social workers, psychiatrists and doctors.
4. The Union Government should set up a committee of its own in the line as suggested under Direction No.2
5. The Central Government and the Governments of States and Union Territories should devise a machinery of its own for ensuring the proper implementation of the suggestions that would be made by the respective committees.
6. The Advisory Committee can also go deep into Devadasi system and Jogin tradition and give their valuable advice and suggestions as to what best the Government could do in that regard.
7. The copies of the affidavits and the list containing the names of 9 girls are directed to be forwarded to the Commissioner of Police, Delhi for necessary action.
With the above directions, the Writ Petition is disposed of. (Ref. Para No.7)
