Andhra Pradesh High Court
Judges : V.BHASKARA RAO, V.RAJAGOPALA REDDY
P.N.Swamy, Labour Liberation Front, Mahaboobnagar - Appellant
Versus
Station House Officer, Hyderabad - Respondent
Decided On : 08-22-97
Constitution of India, 1950 - Articles 14, 21, and 19 (1) (d), (e) and 226 – Indian Penal Code,1860 - Sections 225-B and 309 - Immoral Traffic (Prevention) Act, 1956 - Enquiry – Validity of report submitted by the Superintendent, Women Protection Cell, CID - Attempt to commit suicide and Resistance or obstruction to lawful apprehension of another person - Superintendent of Police, Women Protection Cell, CID went to area and conducted a detailed enquiry onand submitted an elaborate report - During course of enquiry, Superintendent of Police rescued 65 (sixty five) females from Mehaboob-ki-Mehindi area She also arrested 19 (nineteen) Sethanis (brothel-keepers), who are conducting brothel houses; she also arrested four house owners; two financiers; two brokers and one policeman - Held, There is an obligation on State to implement provisions of Act, 1956 and to maintain the protective homes in such a way that atleast minimum facilities are provided to the inhabitants of the said home - According to Superintendent of Police, Women Protection Cell, each prostitute earns Rs. 100-00 to Rs. 300-00 per day and from that amount half of amount has to pay to Sethanis and also fall in debts created by them by executing documents in favour of financiers who and the brokers who are paid huge amounts - Thus the innocent poor illiterate women are deprived of their earnings - There is every necessity to incorporate suitable provisions for recovery of such amounts by amending Act of 1956 - Therefore, direct the respondents/government to prepare a scheme to welfare homes/protective homes maintained by State by providing sufficient budget and keep a strict vigil on the activities of the said homes and see whether they are property carried on or not - I. P. S. Superintendent of Police, Women Protection Cell, C. I. D. , who has rendered services in conducting enquiry and unearthing brothel houses in the midst of the city and rescued 65 women from the said houses and given a detailed report to this Court - Writ petition disposed of.
( 1 ) mehaboob-KI-MEHINDI is an infamous redlight area lying in the thickly populated and business locality near Charminar where the dehumanising carnal trade has been flourishing for several decades. Though flesh trade was, prohibited by the law enacted as early as in 1956, prostitution is being carried on under the very nose of the police. However, the misery of the unfortunate sex-girls in the area was brought to the notice of the Court by a write up in the Telugu Daily eenadu followed by the letter dated 06-03-1997 of a public spirited person by name P. M. Swamy of "liberation Front".
( 2 ) THIS Court treated the said letter as writ petition and the Commissioner of Police, Hyderabad city (second respondent) was directed to cause enquiry through the Superintendent of Police for women Protection Cell as to how many women have been kept forcibly in the place called Mehaboob ki Mehndi at Hyderabad and submit a report.
( 3 ) ACCORDINGLY, the Superintendent of Police, Women Protection Cell, CID, Hyderabad, went to the area and conducted a detailed enquiry on-12-4-1997 and 16-4-1997 and submitted an elaborate report. During the course of enquiry, the Superintendent of Police rescued 65 (sixty five) females from the Mehaboob-ki-Mehindi area She also arrested 19 (nineteen) Sethanis (brothel-keepers), who are conducting the brothel houses; she also arrested four house owners; two financiers; two brokers and one policeman. The Superintendent of Police also made out a list of persons to be arrested -five (5) Sethanis; sixteen (16) houseowners: two (2) financiers; five (. 5) brokers and two (2) Police Constables, who are one way or the other connected with the running of this trade in the area It is also submitted that all the rescued women were kept in the Social Welfare Home at Ameerpet and out of the rescued women 12 (twelve) have escaped. Therefore, this Court directed the Director General of Police, Hyderabad, to enquire into the matter.
( 4 ) CONSIDERING the ailments of various rescued women and minors, this Court also directed the Superintendent, Osmania General Hospital, Hyderabad, to make necessary arrangements for medical examination and also hospitalise them, if necessary. The Secretary, Social Welfare Department was also directed to make necessary arrangements for medical examination and providing food for them.
( 5 ) IN pursuance of the order of this Court, a team of doctors belonging to Sexually Transmitted Diseases, Osmania General Hospital, Hyderabad, examined forty five (45) ladies and submitted their medical reports on 19-5-1997 regarding their health. The Doctors submitted, in all, five reports. The outcome of the five reports reveal that twenty one (21) ladies are having infection of H. I. V. Seropositive cases and seventeen (17) were suffering with V. D. RL. positive cases. The said seventeen (17) ladies were given treatment and they are cured now. It is stated that no further treatment is required to them. Out of four minors, two were found pregnant and one was infected with VDRL. Four minors were put in juvenile home. The minimum facilities at the Welfare Home are not adequate, some of the women went on hunger strike and that fact was also brought to the notice of the Court. Therefore, this Court directed the authorities to shift the women to the Chanchalguda Jail (Women ward), Hyderabad and also directed the jail authorities to provide all facilities. The ladies, who were not suffering from any disease were directed to be released by this Court and accordingly they were released after executing bonds before the Judicial Magistrate of First Class.
( 6 ) PENDING disposal of this case, six ladies were also released by the Judicial Magistrate of First Class on executing the bonds.
( 7 ) IN this writ petition Mehindi Manila Sangheebhava Committee filed a petition to implead them as party in the writ petition and the Sangheebhava Committee also made a claim for providing facilities to the rescu
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