Bombay High Court Frees Three Sex Workers: “Women Have Their Own Right To Choose Vocation”
Mumbai, Maharashtra:
On Thursday, the Bombay High Court sets three sex workers free, after they were detained at a women’s hostel. The Bombay High Court said that, any adult woman has the right to choose their vocation and they cannot be detained without their consent.
Bombay High Court Justice Prithviraj Chavan gave the statement according to the purpose and the object of the Immoral Traffic Act 1956 (PITA).
The statement said, “There is no provision under the law which makes prostitution per se a criminal offence or punishes a person because he indulges in prostitution.” The statement made clear, what is punishable according and under the law – any exploitation or abuse of the person for commercial purposes and soliciting in public places.
Three young women, aged, 20, 22 and 23 were set free by the court.
In September 2019, there women were rescued by the help of social service branch of the Mumbai police from Chincholi Binder area in Malad, Mumbai. They were saved after setting up a tangle using a decoy customer
After their rescue, they were brought before a metropolitan magistrate, who sent them to a women’s hostel, and called for a detailed report from the probing officer.
After the report submission, the magistrate decided to not to hand over the girls to their parents, and it was not in the best interest of girls to stay with their families. A further order was called to keep the girls in the women’s hostel in Uttar Pradesh.
The decision was made due to the reporting done by the probing officer. The report said that the three girls were from Kanpur, Uttar Pradesh, and the community has a very long tradition of prostitution. After the decision, the women moved to the court with the help of lawyer Ashok Saraogi. The orders of metropolitan magistrate was sustained by Dindoshi sessions court on November 22, 2019.
The High Court judge said on Thursday while nullifying both the orders, “It is important to note that the petitioners / victims are major and, therefore, have a right to reside at the place of their choice, to move freely throughout the territory of India and to choose their own vocation, as enshrined the Constitution of India.”
The High Court judge further said, “The magistrate should consider the will of the girls before ordering their detention.”
He quoted, “The magistrate appeared to be swayed by the fact that the petitioners belong to a particular caste and it had long history of initiating girls of the community into prostitution.”
The single judge bench further said, “keeping in mind the interest of the women, the state government can, under PITA, seek directions from the court to send them to corrective homes, institution, but their fundamental rights stand on a higher pedestal vis a vis the statutory right or any other right conferred by a general law.”