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2004 Supreme(Guj) 174

R.K.ABICHANDANI, D.H.WAGHELA
SAHYOG MAHILA MANDAL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: ANAND GROVER, Bhushan B.Oza, MANISHA LAV KUMAR SHAH, N.M.KAPADIA, Paresh Upadhyay

R. K. ABICHANDANI, J.

( 1 ) THESE two petitions raising common questions seek to challenge the provisions of Sections 7 (1) (b), 14 and 15 of the Immoral Traffic (Prevention) Act, 1956 on the ground that they violate the fundamental rights guaranteed under Articles 14, 19 and 21 of the Constitution of India. They also challenge the notification dated 23. 2. 2000 issued by the Commissioner of Police under the provisions of Section 7 (1) (b) by which the areas within the jurisdiction of Chakla Bazaar Police Station, Surat were notified rendering carrying on prostitution in any premises within those areas as an offence. Brief facts and pleadings:

( 2 ) SPECIAL Civil Application No. 15195 of 2003 has been filed by a public trust, registered only on 25. 1. 2002, purporting to be an organization consisting of 214 women in prostitution/sex work as its members at Surat. According to the petitioner-organization, it works along with other non-governmental organizations in the field of HIV/aids in Surat and the primary object of the organization is to protect vulnerable population, namely, "women in prostitution/sex work", and to prevent them from infection of sexually transmissible diseases, s
















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