Sex work not offence, but doing it in public place can be: Mumbai court | India News – Times of India
MUMBAI: Observing as per rules, engaging in sex work is not in itself an offence but to do it in public place so as to cause annoyance to others can be called as an offence, a sessions court has directed a shelter home to set at liberty a 34-year-old female sex worker who was taken into custody after a raid was conducted at Mulund in February this year. The woman moved the sessions court after the magistrate’s court had directed her to be detained at the home for the period of one year for care, protection and shelter.
Quashing this order, a sessions court said under Article 19 of the Constitution, the right to move freely throughout and to reside and settle in any part of the territory of India are fundamental rights.
A Mumbai sessions court said under Article 19 of the Constitution, the right to move freely throughout and to reside and settle in any part of the territory of India are fundamental rights. “The victim is a major, she is a citizen of India and therefore she possesses these rights and if the victim is detained without reason then it can be said that her right to move freely and right to reside and settle are infringed… from the report of police nowhere does it appear that the victim indulged in sex work in a public place….Victim is at liberty to reside anywhere and to move freely anywhere in India,” the court said.
The court said that detaining the victim only on grounds of antecedents of the work was not proper. “The victim has two kids. Certainly they need their mother and if the victim is detained against her wish, it curtails her rights. The judge cited a Supreme Court ruling in which it had discussed the rights of sex workers and also given directions to the state government to conduct a survey and to release adult victims who were found detained against their wish in protective homes. “Considering said citation, legal position, age of the victim, the order dated March 15, 2023 needs to be set aside and the victim needs to be set at liberty,” the court said.
The woman told the court that after the FIR was registered, the accused and the three victims, including her, were produced before Mazgaon court. Thereafter the victims were sent for age verification and her intermediate custody was extended. Meanwhile, the magistrate called for a report from the medical officer in which the victim was disclosed as a major. The woman said that out of the three, two victims were already released but she was sent to the shelter home at Deonar for a year.
The victim denied involvement in any immoral activities. She also submitted that she had children who needed her. The woman said that on February 19 she was produced before the magistrate. The woman said that while passing the order the magistrate had not considered her and a mechanical order was passed. She said that she had the right to move anywhere and to reside anywhere under Article19 of the Indian Constitution. The state opposed her plea and said there is possibility that again she may indulge in sex work.
The investigating officer submitted that a raid was conducted with the help of bogus customers after they received confidential information that the owner and manager of a hotel were keeping women for prostitution.
Quashing this order, a sessions court said under Article 19 of the Constitution, the right to move freely throughout and to reside and settle in any part of the territory of India are fundamental rights.
A Mumbai sessions court said under Article 19 of the Constitution, the right to move freely throughout and to reside and settle in any part of the territory of India are fundamental rights. “The victim is a major, she is a citizen of India and therefore she possesses these rights and if the victim is detained without reason then it can be said that her right to move freely and right to reside and settle are infringed… from the report of police nowhere does it appear that the victim indulged in sex work in a public place….Victim is at liberty to reside anywhere and to move freely anywhere in India,” the court said.
The court said that detaining the victim only on grounds of antecedents of the work was not proper. “The victim has two kids. Certainly they need their mother and if the victim is detained against her wish, it curtails her rights. The judge cited a Supreme Court ruling in which it had discussed the rights of sex workers and also given directions to the state government to conduct a survey and to release adult victims who were found detained against their wish in protective homes. “Considering said citation, legal position, age of the victim, the order dated March 15, 2023 needs to be set aside and the victim needs to be set at liberty,” the court said.
The woman told the court that after the FIR was registered, the accused and the three victims, including her, were produced before Mazgaon court. Thereafter the victims were sent for age verification and her intermediate custody was extended. Meanwhile, the magistrate called for a report from the medical officer in which the victim was disclosed as a major. The woman said that out of the three, two victims were already released but she was sent to the shelter home at Deonar for a year.
The victim denied involvement in any immoral activities. She also submitted that she had children who needed her. The woman said that on February 19 she was produced before the magistrate. The woman said that while passing the order the magistrate had not considered her and a mechanical order was passed. She said that she had the right to move anywhere and to reside anywhere under Article19 of the Indian Constitution. The state opposed her plea and said there is possibility that again she may indulge in sex work.
The investigating officer submitted that a raid was conducted with the help of bogus customers after they received confidential information that the owner and manager of a hotel were keeping women for prostitution.
