2002 Supreme(AP) 1427
Andhra Pradesh High Court
Judges : B.SUDERSHAN REDDY, GHULAM MOHAMMED
Nandigam Krishna Rao - Appellant
Versus
Vice Chancellor, J.N.T.U., Hyderabad - Respondent
Decided On : 12-13-02
Headnote:
Constitution of India - Article 21 - Prohibited by Act 2 of 1994 - Circumstances - Regularization - Alleged - Said representation as well as news item relates to the highhanded action of Jawaharlal Nehru technological University - It is alleged that University indulged in heinous act of exploiting the body of a tribal woman - Said tribal woman was made to expose her body rudely before students learning fine arts in lieu of a meager consolidated daily wage - Thereafter she has been appointed as a Sweeper in university on a consolidated pay - Her services are being utilized without any regularization whatsoever - Held, It is not brought to notice of court that any minimum wage as such has been prescribed for services rendered by victim as nude model - On the other hand in counter affidavit it is stated and about which no dispute is raised that there has been no discrimination in matter of payment of wages/fee - Same amounts were paid to all those individuals whoever offered their services as models - It may be true that on account of acute poverty and perhaps unable to find any suitable employment for herself victim may have agreed to pose herself as nude model in class rooms - That itself may not amount to forced labor as such within the meaning of article 23 of Constitution of India - It is a different matter altogether that said tribal woman has been a victim of appalling prevalent poverty conditions - petition dismissed
( 1 ) THIS writ petition has been taken on file on the strength of a representation dated 23-10-2000 made by a practising Advocate of this Court, Sri Nandigam Krishna Rao, to the Honourable Dr. Justice Motilal B. Naik. The said representation itself is based upon a news item that appeared in VAARTHA telugu Daily, Sunday Supplement, dated 22-10-2000.
( 2 ) THE purport of the said representation as well as the news item relates to the highhanded action of the Jawaharlal Nehru technological University (JNTU ). It is alleged that the University indulged in the heinous act of exploiting the body of a tribal woman. The said tribal woman was made to expose her body nudely before the students learning fine arts, in lieu of a meagre consolidated daily wage. Thereafter, she has been appointed as a Sweeper in the university on a consolidated pay of rs. 900/- per month. Her services are being utilised without any regularisation whatsoever. It is alleged that the said tribal woman, in the circumstances, continuously exposed her body before the students of fine arts with a fond hope that one day or other her services would be regularised by the university either as a model or in the same job into which she was appointed on consolidated pay.
( 3 ) THE main grievance, as is evident from the representation made by the learned advocate, relates to the inaction on the part of the University in regularising the services of the said tribal woman even after a long lapse of time. It is also stated that the action of the University in inducing the said tribal woman to expose her body nudely infringes her fundamental right guaranteed by Art. 21 of the Constitution of India. Such highhanded action on the part of the university has resulted in violation of her right to live with dignity. The ultimate prayer made in the said representation is to direct the authorities to regularise her services. The representationist made available a copy of the news item published with caption "nava Nagarikapu Nagna namoona" (An example of nudity of modern culture ).
( 4 ) THE matter was heard on several occasions by more than one Division Bench. Having regard to the nature of the allegations, the Court appointed ms. M. Pramada, learned Advocate and special Government Pleader attached to the office of the learned Additional Advocate general to make an enquiry, including interviewing the women in general and the woman in question in particular and submit a report to this Court. Another Division bench, consisting of the Honourable Chief justice and V. V. S. Rao, J. by its order dated 25-7-2001 requested the learned Chairperson of the A. P. Women s Commission. Hyderabad to conduct a thorough enquiry in the matter. The Division Bench felt that, since the matter relates to the alleged sexual exploitation of the victim and similarly situated persons at the hands of the authorities of the University, the same has to be thoroughly investigated.
( 5 ) THE learned Advocate-Commissioner and as well as the Chairperson. A. P. Women s Commission have submitted their respective reports. We have two affidavits -one filed by the Registrar of the University and the other by the Principal of JNTU college of Fine Arts. During the course of hearing of this writ petition, the victim herself, now aged about 41 years, filed an affidavit.
( 6 ) SRI Nandigam Krishna Rao having made the representation to this Court continued to appear in person to assist the court.
( 7 ) WE have elaborately heard the learned standing Counsel for the respondent-University and as well as the Advocate-Commissioner.
( 8 ) SRI Krishna Rao would submit that the victim, on account of her poverty, has undertaken this ordeal of exposing her body before the students of the College of Fine arts, JNTU and the same was not a voluntary act on her part. The wages paid by the University in lieu of the services rendered by the victim were too meagre. She was entitled for reasonable wages and regularisation