D. P. WADHWA, K. RAMASWAMY
Gaurav Jain – Appellant
Versus
Union Of India – Respondent
The legal document emphasizes the constitutional and legal rights of women involved in or affected by prostitution, as well as their children. It underscores that women trapped in the flesh trade should be viewed primarily as victims of socio-economic circumstances rather than offenders (!) (!) . The State has a duty to protect, rehabilitate, and integrate these women into society with dignity, through socio-economic empowerment, self-employment schemes, and access to education and healthcare (!) (!) .
Similarly, the rights of children of fallen women are recognized as fundamental, with a focus on their protection, education, and rehabilitation. The importance of establishing juvenile homes and care centers is highlighted as a means to safeguard neglected juveniles and children associated with prostitution, ensuring their psychological and social development (!) (!) (!) . The law mandates that these children should be kept in juvenile homes for a short duration, with efforts directed towards their reintegration into society, emphasizing that the definition of neglected juvenile should be broadly interpreted to include children at risk of exploitation (!) (!) .
The document advocates for a collaborative approach involving government agencies, NGOs, and community organizations to effectively implement schemes for rescue and rehabilitation (!) (!) . It stresses the importance of a structured, multi-tiered committee system at central, state, and local levels to oversee and coordinate efforts, including regular monitoring and reporting (!) (!) .
Furthermore, the Court recognizes its constitutional authority to pass interim and final orders under Article 142 to ensure justice and protect fundamental rights, especially when delays could result in the continued exploitation of vulnerable groups (!) (!) (!) (!) . The Court emphasizes that public interest litigation is a cooperative process aimed at social reform rather than adversarial contest, allowing for flexible procedures, evidence collection, and broad directives to address complex social issues like prostitution and child exploitation (!) (!) .
In conclusion, the legal framework and judicial directions aim to eradicate social practices that perpetuate exploitation, promote rehabilitation, and uphold the dignity and rights of women and children affected by prostitution. The Court advocates for comprehensive, coordinated efforts with a focus on social justice, human rights, and constitutional mandates to address these human rights concerns effectively (!) (!) (!) (!) (!) (!) .
ORDER
“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, established the contrary, i.e., `fortitude’, thy name is woman; `caress’, thy name is woman; `self-sacrifice’, thy name is woman; tenacity and successful pursuit, their apathetical is women. Indira Gandhi, Margaret Thatcher, Srimovo Bhandarnaike and Golda Meir are few illustrious women having proved successful in democratic governance of the respective democratic States. Amidst them, still, a class of women is trapped as victims of circumstances, unfounded social sanctions, handicaps and coercive forms in the flesh trade, optimised as `prostitutes’, (for short, `fallen women’). Seeking their redemptions, a few enlightened segments are tapping the doors of this Court under Article 32 of the Constitution, through a public spirited advocate, Gaurav Jain who filed, on their behalf, the main writ petitions claiming that right to be free citizens; right not to be trapped again; readjusted by economic empowerment, social justice and self-sustenance thereby with equality of status, dignity of person in truth and rea
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