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2002 (1) JLJ 354
S.P. Srivastava and R.B. Dixit, JJ.
Priya (Ku.) v. State of M.P. and others
W.P. No. 2114 of 2000; Decided on 11.9.2001
Petitioner is the eldest daughter in the family and had dropped out of the Government Middle School, Mirgaon after she failed in Class VII in the year 1998. As per school records, her date of birth is 30.6.1982. In the year 1999, she came in contact with one Lalit Rawat and developed intimacy with him. Since Lalit Rawat was already married and was arrested on the complaint of his wife, the petitioner was compelled to lead an immoral life through Smt. Beena, respondent No.8, her close relation. Dever Chand was younger brother of Beena who was married to Urmila, younger sister of the petitioner. In the month of March, 2000, Dever Chand took the petitioner to Smt. Beena at Bhind, who was an active participant of a brothel house run by Smt. Kamla, respondent No. 7 in old Red Light Area, situated at Hazarilal Ki Sarai, Neemwali Gali, Bhind. By persuation or by force, the petitioner too was admitted in this brothel house, and was sexually exploited for the benefit of the two ladies. [Para 2]
Held: So far as the present writ petition for issuance of writ of Habeas Corpus is concerned, the petitioner who was given chance many a times to appear before us has expressed her desire to go with her father, and it is also borne out from the report of CBI that she has attained the age of majority. She is, therefore, allowed to be released from the Short Stay Home (Nariniketan), Gwalior, to go with her father. [Para 17]
(2) Criminal P.C. 1973 -- S. 97 -- search warrant -- stating detention for flesh trade -- lady on production 110t asked a single question about her being sexually exploited -- inaction is surprising. [Para 9]
(3) Immoral Traffic (Prevention) Act, 1956 -- Ss. 15(5), 16(1)(2), 17 and 18 -- provisions under -- should be complied with strictly. [Paras 10 & 11]
(4) Supperssion of Immoral Traffic in Women and Girls Act, 1956 -- S. 17 -- power of interim custody of girls or women -- to be exercised by Sessions Judges only -- power should be exercised after hearing girl/woman concerned. M.P.‘ No. 16 and 427 of 1989 relied on. [Para 12]
(5) Constitution of India -- Art. 46 -- social evil of immoral trafficking in women and girls -- cannot be eradieated/controlled unless sincere and devoted efforts are adopted by those who matter.
The social evil of immoral trafficking in women and girls is as old as women civilization itself. Deepd`rooted in the society indulged into, propagated and protected by whit-collar criminals, effluent financially and politically at times it can never be brought in control, not to speak of being eradicated unless and until effol1s as intensive and extensive as the evil itself are adopted with sincerity and devotion by these who matter. M.P. No. 427 of 1989 relied on. [Para 14]
¼1½ Hkkjr dk lafo/kku & vuq-226 & canh çR;{khdj.k ;kfpdk & fu#)&yM+dh U;k;ky; ds le{k çLrqr & firk }kjk vfHkj{kk dh ek¡x & ek¡x Lohdkj dh xbZ D;ksafd yM+dh lger i{kdkj Fkh & dY;k.k dh ‘krs± vf/kjksfirA ;kph dqVqac dh T;s"Bre iq=h gS rFkk lu~ 1998 esa d{kk 7 esa vuqÙkh.kZ gksus ds i‘pkr~ mlus ljdkjh ek/;fed fo|ky;] ehjxk¡o tkuk NksM+ fn;k FkkA fo|ky; ds vfHkys[kksa ds vuqlkj mlds tUe dk fnukad 30-6-1982 gSA lu~ 1999 esa mldk laidZ yfyr jkor ls gqvk rFkk mlls ?kfu"B fodflr gks xbZA D;ksafd yfyr jkor igys ls fookfgr Fkk rFkk mls mldh iRuh dh f‘kdk;r ij fxj¶rkj dj fy;k x;k] ;kph dks vius fudV dh ukrsnkj Jherh chuk] çR;FkhZ Ø-8 }kjk vuSfrd thou O;rhr djus dks foo‘k fd;k x;kA nsoj pan chuk dk NksVk HkkbZ Fkk vkSj mldk fookg ;kph dh NksVh cgu mfeZyk ls gqvk FkkA ekpZ 2000 ds ekl esa nsoj pan ;kph dks fHkaM esa Jherh chuk ds ikl ys x;k] tks gtkjhyky dh ljkVk&uheokyh xyh] fHkaM esa fLFkr iqjkus yky jks‘kuh {ks= esa çR;FkhZ Ø-7 Jherh deyk }kjk pyk, tk jgs os‘;kx`g esa lfØ; Hkkx ysrh FkhA vkxzg&iwoZd ;k cyiwoZd] ;kph Fkh bl os‘k;kx`g esa çfo"V dj yh xbZ rFkk bu nks efgykvksa ds Qk;ns ds fy, mldk ySafxd ‘kks"k.k fd;k x;kA ¿iSjk 2 vfHkfu/kkZfjr % tgk¡ rd canh çR;{khdj.k fjV tkjh ds tkus ds fy, çLrqr fjV ;kfpdk laca) gS] ;kph us] ftls gekjs le{k milatkr gksus ds vusd volj fn, x,] vius firk ds lkFk tkus dh bPNk çdV dh gS rFkk lh ch vkb dh fjiksVZ ls Hkh fl) gS fd mlus o;Ldrk dh o; çkIr dj yh gSA vr%] mls vius firk ds lkFk tkus ds fy, vYidkyhu fuoklx`g ukjh fudsru] Xokfy;j ls NksM+s tkus dh vuqKk nh tkrh gSA ¿iSjk 17 ¼2½ naM çfØ;k lafgrk] 1973 & /kkjk 97 & ryk‘kh okjaV esa & nsg O;kikj ds fy, fujks/k dfFkr & efgyk ds çLrqr gksus ij mlds ySafxd ‘kks"k.k ds ckjs esa ,d Hkh ç‘u ugha iwNk x;k && fuf"Ø;rk vk‘p;Ztud gSA ¿iSjk 9 ¼3½ vuSfrd O;kikj ¼fuokj.k½ vf/kfu;e] 1956 & /kkjk 15¼5½] 16¼1½¼2½] 17 rFkk 18& mica/k & vfrfu;efu"B vuqikyu fd;k tkuk pkfg,A ¿iSjk 10 ,oa 11 ¼4½ L=h rFkk yM+dh vuSfrd O;kikj neu vf/kfu;e] 1956 & /kkjk 17 & yM+fd;ksa ;k fL=;ksa dh varfje vfHkj{kk dh ‘kfDr && dsoy ls‘ku U;k;/kh‘kksa }kjk ç;qDr dh tk ldrh gS & ‘kfDr dk ç;ksx laca) yM+dh@L=h dks lquus ds i‘pkr~ fd;k tkuk pkfg,A ç-;k-Ø- 16 rFkk 427 lu~ 1989 voyafcrA ¿iSjk 12 ¼5½ Hkkjr dk lafo/kku & vuq-46 & fL=;ksa vkSj yM+fd;ksa ds vuSfrd O;kikj dh lkekftd cqjkbZ & lacaf/kr O;fDr;ksa }kjk bZekunkjh vkSj fu"BkiwoZd ç;kl ugha fd, tkrs rc rd mUewyu fu;a=.k ugha fd;k tk ldrkA fL=;ksa vkSj yM+fd;ksa ds vuSfrd O;kikj dh lkekftd cqjkbZ mruh gh iqjkuh gS ftruh Lo;a lE;rkA lekt esa xgjh tM+s QSykbZ gqbZ lQsn iks‘k vijkf/k;ksa] foÙkh; :i ls rFkk dHkh&dHkh jktuhfrd :i ls le`) O;fDr;ksa }kjk vuqx`ghr] çpkfjr rFkk lajf{kr] mUewyu dh rks ckr gh D;k] bls dHkh Hkh fu;a=.k esa ugha yk;k tk ldrk tc rd laca) O;fDr;ksa }kjk bZekunkjh vkSj fu"Bk ls bl cqjkbZ dks feVkus ds fy, xgu vkSj foLr`r ç;kl ugha fd, tk,¡A ç-;k-Ø- 427 lu~ 1989 voyafcrA ¿iSjk 14
Dixit, J. -- 1. The aboriginal tribes in the real sense are the children of the mother nature. They are marked with the influence of warmth and cold, sunshine and rain wind and storm upon their own personal comfort. For ages, they continued to pray and worship the fire and the forest, the Sun and the cloud, but now it seems that their dreams are being invaded from the flickering light of the modern world.
2. The present is an unfortunate story of plight of an unfortunate girl belonging to Mobia community of an area inhabited by aboriginal tribes of Chhattisgarh. Petitioner Priya (whose real name is Vaishakhi alias Pushpa), who had changed her name as Priya to escape herself from ignominy after her sexual exploitation in decoity infested area of Bhind. Out of three, she is the eldest daughter in the family and had dropped out of the Government Middle School Mirgaon after she failed in Class VII in the year 1998. As per school records, her date of birth is 30.6.1982. In the year 1999, she came in contact with one Lalit Rawat and developed intimacy with him. Since Lalit Rawat was already married and was arrested on the complaint of his wife, the petitioner was compelled to lead an immoral life through Smt. Beena, respondent No. 8, her close relation. Dever Chand was younger brother of Beena who, was married to Urmila, younger sister of the petitioner. In the month of March, 2000, Dever Chand took the petitioner to Smt. Beena at Bhind, who was an active participant of a brothel house run by Smt. Kamla, respondent No.7 in old Red Light Area, situated at Hazarilal Ki Sarai,. Neemwali Gali, Bhind. By persuation or by force, the petitioner too was admitted in this brothel house, and was sexually exploited for the benefit of the two ladies.
3. Shri Anil Kumar Singh Bhadoria, a bachlor, practising Advocate of Bhind claiming himself to be a sympathizer of the petitioner, said to have come in the contact of the petitioner with the help of one Natraj Photo Studio, situated opposite to the house of respondents No.7 and 8. The petitioner through Shri Bhadoria Advocate moved an application for her rescue, before the Sub-Divisional Magistrate, Bhind, (in short SDM). The SDM issued a search warrant u/s 97 of the Code of Criminal Procedure, for the production of the petitioner, persuant to which, Town Inspector of City Kotwali, Bhind, recevered the petitioner from the illegal custody of the respondents No. 7 and 8. The SDM after recording the statement of the petitioner, remanded her to be kept at Short Stay Home in Nariniketan, Gwalior.
4. Feeling aggrieved by the order of SDM, Shri Anil Kumar Singh Bhadoria has filed the present writ petition of Habeas Corpus on behalf of the petitioner Priya, alleging that the petitioner was remanded to Short Stay Home by the SDM against her will and she is being subjected to bad behaviour and forced to surrender to the dictates of the Superintendent of Nariniketan.
5. The petitioner was produced before this Court from Short Stay Home and she informed that she is comfortable there and was looked after very well. This in our opinion, totally belied all the allegations of Shri Bhadoria Advocate in so far as lodging of petitioner at Nariniketan is concerned. The Superintendent of Nariniketan in her affidavit -had stated that Shri Bhadoria Advocate wanted the petitioner to get out of the Short Stay Home and on 6.11.2000, approached her offering to many the petitioner, however, he was not allowed to meet the petitioner in absence of any permission from the Court.
6. In so far as other allegations against respondents No.7 and 8 regarding their indulgence in the trade of sale of girls in cities like Bombay and from there to Dubai for sex purposes, CBI enquiry was ordered. The CBI enquiry revealed that the petitioner was enticed by Beena to accompany her on the pretext of offering a job of a Nurse. In the Hospital at Bhind, where however, she was subjected to the sexual exploitation by force. The enquiry further r
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