2004 Supreme(Guj) 174

Gujarat High Court
Judgename :D.H.WAGHELA, R.K.Abichandani
SAHYOG MAHILA MANDAL - Appellant
Versus
STATE OF GUJARAT - Respondent
S.C.A.15195 of 2003
Decided On : 03/18/2004

Headnote:

Constitution of India, 1950 – Articles 14, 19 and 21 – Immoral Traffic (Prevention) Act, 1956 – Sections 7 (1) (b), 14 and 15 – violate the fundamental rights guaranted – Notification – Challenged – Allegation of petitioner that police taking advantage of such extension of city limits and buildings of schools, temples and mosques in the area, have used the law to commit atrocities on the women in the area thereby violating their rights. It is alleged that the respondents Nos. 4 and 5, i. e. the Deputy Commissioner of Police and the Senior Inspector of Police of Chakla Bazaar Police Station, have been harassing the women in prostitution/sex work by abusing the powers conferred on them under the said Act, PASA and Bombay Police Act and have been entering homes of the women without search warrants and arresting them arbitrarily and alleged that respondents Nos. 4 and 5 along with their subordinates entered "noorjahan" and "sangeeta" buildings in Chakla Bazaar and damaged the homes of the women living there and beat them up forcing them to leave the place – They arrested about 37 women and 8 men from that area without following the procedure established by law – Similar raids were carried on by the respondents Nos. 4 and 5 and their subordinates from time to time on various dates mentioned in paragraphs 9 to 39 of the petition, the last being on 15th April, 2003. It is alleged that women who were in streets and those who were buying vegetables were also beaten up and placed in police lock-up one woman even died in police custody – According to petitioner-organization, it works along with other non-governmental organizations in field of HIV/aids in Surat and primary object of organization is to protect vulnerable population, namely, "women in prostitution/sex work", and to prevent them from infection of sexually transmissible diseases, such as, HIV/aids according to petitioner, area known as "chakla Bazaar" in Surat was initially on outskirts of city where women in prostitution/sex work were given homes to live in – Held, State Level Committee for Rehabilitation will get acquainted with the "convention for the Suppression of Traffic in Persons and of Exploitation of Prostitution of Others" and other relevant International Conventions, Declarations, Agreements or Protocols etc. to which India is a Party, and which have a bearing on the suppression of immoral trafficking and rehabilitation of women and girls including the "protocol to Prevent, Suppress and Punish Traffic in Persons Especially Women and Children" supplementing "united Nations Convention against Transnational Organized Crimes" and also relevant provisions of said Act and the Rules made thereunder having bearing on aspects of rescue and rehabilitation of women or girls and children – State Level Rehabilitation Committee may also get acquainted with Recommended Principles and Guidelines on Human Rights and Women Trafficking - Report of United Nations High Commissioner for Human Rights to Economic and Social Council of the United Nations (E/2002/68-Addl. ) – State Level Rehabilitation Committee will prepare and circulate a note for guidance for all authorities and officials concerned with such rescue and rehabilitation under Act – This may be done expeditiously and preferably within three months from date of this order – State Level Rehabilitation Committee may be entrusted by State Government, subject to its ultimate control, power to take and implement its decisions in matters of rescue and rehabilitation of women, girls and children who are required to be dealt with for detention in protective homes and corrective institutions under the provisions of the Act – Local Cell will examine genuine grievances made against police officers and other authorities in writing with sufficient particulars by NGOs or the aggrieved women or girls or other persons involved in prostitution and try to locally sort them out in accordance with law and, if legal aid is called for in any case, refer the same to the appropriate authority under the Legal Service Authorities Act, 1987 – Local Cell may make such suggestions and recommendations as deemed proper for attending to the grievances of affected women or girls or other persons who are victims of prostitution at the hands of other persons, to the State Level Rehabilitation Committee for its consideration and decision – Local Cell shall be convened periodically, at least once in a month, to consider the aspects of rescue and rehabilitation of the women and girls working as prostitutes and the children affected by the trade, their grievances, and make monthly reports to the State Level Rehabilitation Committee about the action taken by the Local Cell for redressal of genuine grievances and facilitating rescue and rehabilitation of women or girls involved in prostitution and the children affected – Petitions stand disposed of (Paras 15 and 16)