Verdict Date: 1990-05-02
This writ petition under Article 32 of the Constitution of India at the instance of an Advocate was filed by way of a Public Interest Litigation seeking issuance of certain directions, to look into issues of Red Light areas and forced prostitution from a law enforcement perspective; to rescue victims of commercial sexual exploitation and provide them with proper medical aid, shelter, education and training in various disciplines of life so as to enable them to choose a more dignified way of life; and to look into issues pertaining to dedication of young girls as Devadasi and Jogin.
The petition brought out the fact that poor parents on account of acute poverty were selling their …show more content…
The questions involved cause considerable anxiety to the Court in reaching a satisfactory solution in eradicating such sexual exploitation of children. The court stated that this malady is not only a social but also a socio-economic problem and, therefore, the measures to be taken in that regard should be more preventive rather than punitive.
The SC examined the Constitutional provisions pertaining to right against exploitation; traffic in human beings and rights of children; principles enumerated by the Declaration of the Rights of the Child, …show more content…
The court deliberated on the reasons for prostitution and the continuation of the victims in profession and recognized that the victims are the poor, illiterate and ignorant sections of the society who are the target group in the flesh trade; rich communities exploit them and harvest at their misery and ignominy in an organized gangsterism, in particular, with police nexus.
The court held that women found in the flesh trade, should be viewed more as victims of adverse socio-economic circumstances rather than as offenders in our society. Equally, the right of the child is the concern of the society so that fallen women surpass trafficking of her person from exploitation; contribute to bring up her children; live a life with dignity; and not to continue in the foul social environment.
Equally, the children have the right to equality of opportunity, dignity and care, protection and rehabilitation by the society with both hands open to bring them into the mainstream of social life without pre-stigma affixed on them for no fault of