Bombay High Court's decision
Bombay High Court in an important judgement declared that prostitution is not an offence under the Immoral Traffic (Prevention) Act, 1956 and should not be treated as one.
The bench headed by Justice Prithiviraj Chavan made it very clear that prostitution per se was never a criminal offence, what is punishable under the Act is sexual exploitation or abuse of a person for commercial purpose and to earn the bread thereby.
The Court was hearing a case filed by three female sex workers who were arrested in Malad in October 2019 in a raid and forcefully sent to correction centres. The lower court also denied their handover to the legal guardians.
The Judge also reinstated the fact that the sex workers were adults and had the right to freedom to reside in any part of the country and practice any vocation as enshrined under Part III of the Constitution.
The High Court also criticised the Dhindoshi sessions court for upholding the woman in the detention centres against their consent.
Do you think that this judgement can help improve the position and status of sex workers in India? (Mention in the comments below.
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
