Month: February 2021

Bail is the rule, Jail is an exception: Bail Plea Granted to Mandeep Punia

Posted on
BACKGROUND

On 2nd February 2021, Mandeep Punia, who is a freelance writer for THE CARAVAN was granted bail by Chief Metropolitan Magistrate, North District, Rohini Courts Delhi.
Punia was accused of allegedly obstructing the police personnel in the course of their duty, he was detained by the Delhi police on 30th January at the Singhu border between Delhi and Haryana where he was covering the on-going farmer’s protest.
Various journalists came in his support and claimed that he was arrested on account of one of his Facebook post a day before his arrest, in which Punia narrated the police personnel connivance when a group of fifty-sixty showered stones on the protestors.

Court Proceedings

Courts of Metropolitan Magistrate are at the second-lowest level of the Criminal Court structure in India. According to Section 16 of the Criminal Procedure Code, 1973 (CrPc) in every metropolitan area, there shall be established as many Courts of Metropolitan Magistrates, and at such places, as the State Government may, after consultation with the High Court, by notification, specify. Metropolitan Courts are to be established at such places in every metropolitan area having a population of ten lakh or more. It has jurisdiction throughout such metropolitan areas. The presiding officers of such courts shall be appointed by the High Court.
A Metropolitan Magistrate is a first-class magistrate under the general control of the District & Sessions Judge and is subordinate to the Chief Metropolitan Magistrate.

In the FIR Punia has been charged under the following IPC sections:
• Section 186, which deals with voluntarily obstructing public servant in discharge of public functions.
• Section 332, which deal with voluntarily causing hurt to deter public servant from his duty.
• Section 353, which covers assault or criminal force to deter public servant from discharge of his duty.

• Section 34, which covers acts done by several persons in furtherance of common intention.

Contentions

Advocate Sarim Naved, counsel appearing for Punia, contended before the Court that he is innocent and submitted that Punia had been peacefully carrying out his duties along with other journalists at the protest site. It was also highlighted that another journalist arrested by the police along with Punia was released later. On the other hand, Punia was not released because he didn’t possess an ID card, being a freelance journalist.
The State’s counsel, APP Banduraj Baghrawat opposing the grant of bail submitted that Punia stood accused of serious offenses of committing nuisance and instigating the protestors, and contended that he may indulge in instigating the protest in the future.

The Judgement

The court while analyzing the matter noted the 7 hours delay in Punia’s arrest and filing of FIR and also emphasized the very fact that the victims, witnesses, and the complainants were all police officials the Court concluded that there was no possibility of Punia influencing the course of the case if he were enlarged on bail.

“There is no possibility that the accused/ applicant can able to influence any of the police officials. Admittedly, the accused is a freelance journalist. Moreso, no recovery is to be effected by the accused person, and keeping the accused further in Judicial Custody would not serve any cogent purpose. It is well settled legal principle of law that ‘bail is a rule and jail is an exception’. Hence, considering the totality of facts and circumstances of the present case, submissions on behalf of both the parties as well as keeping in view the period of detention of the accused in judicial custody, he is admitted to bail”, reads the order
The court directed the release of Punia on bail for a bail bond of Rs. 25,000 subjected to other bail conditions.

Reported By – Anjali

Myanmar’s Aerobic Instructor’s Accidental Capture of Military Coup

Posted on

An aerobics instructor Khing Hnin Wai appeared unheedingly as a convoy of armoured vehicles drove by – accidentally captured Myanmar’s military coup-in-progress in a bizarre video. Myanmar moves back to military rule after exercising democracy for few years, Army Chief Min Aung Hlaing is now holding “legislative, judicial and executive powers” Aung San Suu Kyi who is considered as an icon of democracy was detained under house arrest on Monday hours before the new session of the parliament was about to set up.

Myanmar

Myanmar, also known as Burma, is in South East Asia and neighbours of India, China, Laos, Bangladesh and Thailand There are many ethnic groups including Rohingya Muslims, The name of the country has been a bone of contention, particularly in the early 21st century, focusing mainly on the political legitimacy of those using Myanmar versus Burma The ruling military changed its name in English to Myanmar in 1989, a year after thousands of people were killed in a crackdown on a popular uprising.

Aung San Suu Kyi

Aung San Suu Kyi served as State Counsellor of Myanmar and Minister of Foreign Affairs from 2016 to 2021. She has served as the president of the National League for Democracy (NLD) since 2011, having been the General Secretary from 1988 to 2011. She played a pivotal role in Myanmar’s transition from military junta to partial democracy in the 2010s, She was awarded the Nobel Peace Prize while under house arrest in 199Aung San Suu Kyi actively campaigned for the restoration of democracy in the 1990s which led to her widespread popularity and spent 15 years in detention for creating awareness regarding democratic reforms.

Background

November Elections result has led to an increase in tensions between NLD and military The military -backed party had claimed fraud in vote count demanding a rerun of votes, which the election -commission doesn’t approve of for the lack of any evidence. The political scenario of the junta-led Myanmar began transforming around 2010. In 2008, the military wrote a new Constitution ensuring Generals’ interests would be protected even in the transition. Than Shwe, who was the primary face of Myanmar’s politics from 1992, transformed the power structure, promoted his loyal young soldiers’ Elections, were conducted under the new Constitution. The NLD, denied to recognise the Constitution, and also boycotted the 2010 election, USDP won those elections and in the next five years, Army lost control over the government and society. Political prisoners, including Ms Suu Kyi, were released. Regulations on media, scrutiny over it and censorship fell. Then, U.S. President Barack Obama visited Myanmar in 2012, referring to the betterment of the relationship between Myanmar and the U.S. Ms Suu Kyi’s party also switched from its earlier stance as they embraced the Constitution which army framed in 2010. NLD stood successful at the 2015 elections, which was country’s first free and fair election ever held amongst the various political parties that participated, NLD was successful in making Government, This government brought the hope with them for the implicit transition, to a full-fledged democracy.
But the Constitution, framed in 2008 had enough clauses to prevent such a transformation. Constitution provided that the President must have served military, and the President’s spouse or children “shall not be subject of a foreign power or citizen of a foreign country”. Ms Suu Kyi has two sons, who are British citizens, hence she cannot become the President. The Constitution made it mandatory that the Defence and Interior Ministries would come under the control of the military. 25% of the total seats in Parliament (166 out of the 664-member house) are reserved for the military, giving military a veto power against any proceeding leading, regarding a change in the Constitution. Hence, even after military, allowed the transfer of power to an elected government, it made sure that it will run and drive integral affairs such as defence and internal security policies.

Before 2020 election were about to held, thousands of Rohingya Muslims were killed and many were forced to migrate or run away to neighbouring countries especially in Bangladesh when the army launched a brutal clampdown in Rakhine state over ethnic minorities (Rohingya) on the pretext that they are immigrants and citizenship is denied to them which resulted in the outright victory of NLD winning 396 seats while USDP landing up with only 33 seats.

Reported By – Anjali

Unzipping of pants not Sexual Assault under POCSO Act.

Posted on
Introduction

The Bench of Bombay High Court, Nagpur has said last month, that the zip of the pants of the accused being open at the relevant time of the incident or holding the hand of a minor is not to be considered as sexual assault as it is defined under Section 7 of the Protection of Children from Sexual Offences (POCSO) Act (see also: Libnus v. State of Maharashtra).
Justice Pushpa Gandewali on January 15 delivered this judgment, four days after her controversial judgment on “skin-to-skin” contact being a determining factor for sexual assault under the POCSO Act. This judgment was passed on an appeal filed by a 50-year-old man challenging a sessions court’s order convicting him for sexually assaulting and molesting a five-year-old girl.

The complaint was lodged by the mother of the girl accusing, that she saw the accused whose pant’s zip was opened and was holding the hand of her daughter. She further testified that her daughter informed her that the appellant/accused removed his penis from the pant and asked her to come to the bed for sleeping.

Section 7 of POCSO Act

Section 7 of POCSO Act states that: “Sexual assault – Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other Act with sexual intent which involves physical contact without penetration is said to commit sexual assault”.

Court’s Ruling

The Court stated that the definition of ‘sexual assault’ is something that is ‘ a physical contact with sexual intention without penetration’. But the court noted that there was no such actual touching of the private parts of the body happenings in this case. The court explains the words “any other act” from the definition as should be interpreted Ejusdem Generis with the beginning portion of the definition (Ejusdem generis is a principle of statutory interpretation which says that meaning of general words which follow a specific word is limited by the meaning of the special words).
So according to the Court holding hands of a minor or unzipping of pants can not be considered as sexual assault and does not fit in its definition. According to POCSO, ‘sexual assault’, when committed against a child aged less than 12 years, it will become ‘aggravated sexual assault’ under Section 9, which is punishable under Section 10.
The Court has however considered the offense of Sexual Harassment under Section 354A(1)(i), which deals with “physical contact and advances involving unwelcome and explicit sexual overtures”, is attracted in the case.
So, therefore the court held that 5 months of imprisonment that the accused already has gone through is enough punishment to suffice.
The court states that “Considering the nature of the act, which could be established by the prosecution and considering the punishment provided for the aforesaid crimes, in the opinion of this Court, the imprisonment which he has already undergone would serve the purpose”.

Reported by – Komal Dhore

Critically Assessing Legality of Internet Shutdowns

Posted on

Abstract

The blog examines the critical assessment of growing internet shutdowns in India. The blog further evaluates the violation of fundamental rights as well as the human rights due to internet shutdowns. The rational analysis of the lacuna in the laws governing internet shutdowns is made as well as the pessimistic impacts of the internet shutdown. It also underlines the need to change the laws and policies governing the internet shutdowns. The critical analysis of the various judicial pronouncements regarding internet shutdowns is made. The blog tests the constitutionality of Postponement of Telecom Services (Public Emergency and Public Safety) Rules, 2017, the provisions under the Code of Criminal Procedure, IPC and various other laws.

Keywords- internet, shutdowns, constitutionality, impact, section, fundamental

Internet Shutdowns are tremendous lockdowns are in direct violation of Article 19(1) (a) of the Constitution of India which gives the liberty of speech and expression to the people but halting of internet avail people from their rights. Regarding this, a 2016 resolution of UNHRC states that “the equivalent human rights that individuals have offline must be safeguarded online”. We can’t disregard that violence in any kind disturbing public security will tremendously lead to internet shutdown by the government where the voice comes out stating that, “prevailing law and order affairs was a reason to shut off voice, SMS, and internet service in the area.”

Till now the longest shutdown takes place in Jammu and Kashmir for 213 days in 2019-2010 during the abolition of Article 370. Perhaps, the internet is a fundamental platform for sharing correct and appropriate information to avoid manipulation of minds. Internet is not only used of sharing thoughts and idea but also used in the private sector for there working, in hospital and pharmacy it becomes difficult to reorder and restock lifesaving medicine and surgical equipment’s to save people life and maintain patient data, in the banking sector for keeping the record of the data and many more.

Pessimistic Impacts Arising Out of Internet Shutdowns

During the annoyance of the CAA protest, many routes got diverted and people were unaware. The hardship in finding the correct route on Google Maps became agitated as the phone pops up with a message that “internet service of your area is currently shut down as per government orders”. Non-operation of public transport due to such protests at that time left no option for people to utilize cab services for traveling. Anyhow, these services were also inoperable as such applications on phone require internet services. As on 19 December 2019, when the student protested against the new Citizenship Amendment Act the government blackout the internet in many sections of the Delhi. Mass breakdown of broadcasting channels due to internet disruption causes heavy loss to businesses, trading companies, economic process, payment operations, banking transactions, and other inconveniences in studies. Many emergency services are seized which creates a direct violation of human rights as per the Human Rights Council. There is no excellence of protection of the Right to freedom of speech and expression. Long term harm is caused to the people as shutdown causes denial to access to knowledge, peremptory economic harm and causes social injustice. The impacts on educational rights are highly grievous as citizens are robbed off from accessing information, education plans or programs and other educational activities and by getting so much indulge in all this we were incompetent to summon up the earnings of the internet companies during these blackout periods.

Legal Test of Constitutionality: A Direct Infringement of Human Rights

In January 2020, the right to access the internet has been made fundamental right by the Apex Court of India under Art. 19 of the Constitution of India. The legalized outlook of India has harmonized with the UNHRC which declaratory made internet access a human right. The highly principal decision is required to set up a limit on the internet shut down otherwise because of this legacy of government to shut down the internet on every matter place public in a lot of inconveniences. These 2017 Rules were only made for the institutionalization of internet shutdown. Perhaps, no Endeavour was made for good accountability of such rules. Grievous misuse can be done just for the sake of the name of public order in any of the circumstances by the officers authorized.  The legalization of such rules has no judicial review, seeing plenty of instances where these shutdowns have not been even challenged to check the veracity of constitutionality.  The Supreme Court in Anuradha Bhasin vs. Union of India held that Power under Sec. 144 Cr.P.C is preventive and remedial, it should also be in operation where even mere trepidation of danger exists but can’t be imposed for an indefinite period.  It shall be operative only when conditions are unavoidable. 

Lacuna in the Laws Governing Internet Shutdowns

The absence of legal evidence fails to prove that the internet shutdown is efficient for solving such far-reaching issues. Sec. 144 of Cr.P.C gives power to District or Sub Divisional Magistrate to order TSPs to stop Internet services within his jurisdiction. Regardless, in Sureshbhai Vyas vs. the State of Gujarat, the apex court in 2015 held that state government is an experienced authority to exercise such power under this provision and this is a discretionary power to exercise with shrewdness, public obligation and the abundance of action in their view. 1.9% daily Gross Domestic Product is lost each day during internet shutdowns founded by Worldwide Network Initiative Distressing denouement is that there no other feasible alternatives. In 2016, Apex Court held in Cellular Operators Association of India & Ors. vs. Telecom Regulatory Authority of India & Ors, that there should be a “good working test of ‘transparency” under section 11(4) of the TRAI Act. As section 7(2)(e) of the Telegraph Act empowers that Parliament has substituted the Government, the power to make rules for the “conditions and restrictions” of the internet accordingly. The Provisional Postponement of Telecom Services (Public Emergency or Public Safety) Rules, 2017, presently the Central Government gave power to the competent authorities to validate internet shutdowns. The new administration of Suspension Rules of 2017 lacks absolute transparency. It has to be noted that Sec. 5 is only valid on the occurrence of public emergency held in the famous case of Hukam Chand Shyam Lal vs. Union of India and Others. These rules do not subscribe to the ideologies of natural justice because proficient authority and the review committee are not empowered to examine principles of natural justice during decision making. Regardless of this power, before passing suspension orders the capable authority has no mastery to perceive representations from anyone. Earlier, there was no prescribed maximum or minimum period for internet shutdown order and automatic termination of the same under Sec. 144 of C.r.P.C but in the new regime the Apex Court in PUCL judgment has laid down that suspension orders should initially be valid only for two months unless the contrary appears. The secretary review must be completed within a day but the rules prescribe a time limit of long five days. Being perceptibly unreasonable, the consequence of constitutionalism and natural justice must be applied here to prevent abuse of power. Section 144, Cr.P.C power cannot be utilized to defeat legal expression of opinion or exercising democratic rights. Sec. 153A of IPC, 1860 bans hate speeches promoting enmity in between various groups. These rules should expressly have provisions relating to restoring internet services to hospitals, establishments, and educational institutions during these cyber curfews.

CONCLUSION

The modern economy governs intensely with digitalization where the Internet is indispensable for the global social, political, national and overall economical development of the country. Our globalized economy and developing society cannot oversee the penalties of drastic results of internet shutdown across the globe. 

The current operation of the internet shutdown must be renovated to make better preeminence on translucency and responsibility. The provisions of the Postponement of Telecom Services (Public Emergency and Public Safety) Rules, 2017 must be reconstructed conferring the other laws at hand to check its constitutionality under which Internet suppression will be imposed. While the imposition of the internet shutdown, the fundamental right to internet access must be strictly followed. It is evident from the laws governing internet shutdowns and the Constitution of India that deferment of /telecom/Internet services/telegraph was anticipated only as a comeback to collective emergencies or in the scrutiny of public safety. Apart from this, whenever any unsympathetic circumstances occur commanding authorities initially inflicted internet shutdown in the name of so-called community distress. They do facilitate this without proper statistics and reasoning to the public at large. Perhaps, such a legacy and benefaction of government resulted in the contamination of the fundamental rights of the public. The maturation of the Indian economy and the speedy progress in information and technology have unlocked up enormous commercial opportunities and transmuted India as a comprehensive IT nucleus. There is no improbability that there are certain professions that are reliant on the internet. Such a right of profession concluded the internet also looks after consumerism and obtainability of excellent. Thus, the independence of merchandising and commerce done by the channel of the internet should also legally protected by our regime. So despite picking internet power cut as a cautionary law to place a stopover on untruthful data or Stories, protest, examination duplicitous administration ought to have other well-recovering substitutes to overwhelm from such complications.  

This article is written by Paavni Thareja, a student of Raffles University and Sardha Malik, a student of Galgotias University

Latest Posts

Archives

Criminal Law Quiz by NUJS-SACJ: Register by 10/02/2021

Posted on

ABOUT US:

The Society for Advancement of Criminal Justice is an academic society at NUJS which strives to bolster the discourse on criminal law and justice.

DETAILS OF QUIZ:

Date- 14th Feb 2021

Fees- 75 Rupees

Last Date for Registration: 10th Feb 2021

Payment Method:

 Bank Name- State Bank of India

Account Name- Simran Upadhyaya

Account Number- 39830200508

IFSC code-SBIN0001612

Round 1

Test of Knowledge in IPC CRPC, News

Round 2

Test of Knowledge in Criminal law, books, Netflix

PRIZES

  • 1st Rank: Rs 2,000
  •  2nd Rank: Rs 1,000
  • 3rd Rank: Rs 750
  • Highest Scorer of  1st Round: Rs 1,000
  •  Highest Scorer of  2nd Round: Rs 1,000

Visit us for more such opportunities: http://lexpeeps.in/

National E-Seminar on Covid-19: Impact on Employment and Labor by Anand Law College: Submit by 15/02/2021

Posted on

Date of Seminar:

20 February 2021

ABOUT US:

Anand Law College is a legal establishment that is recognized by the Bar Council of India since 1964.

CALL FOR PAPERS:

  • Papers are invited from Scholars, Students, Lawyers, Faculty
  • Submission of Originality and no copyright violation with research paper
  • 3 Best Research papers will be Rewarded
  • Last Day to Submit the Research Paper 15th Feb 2021

MODE OF SEMINAR:

Online through google meet

GUIDELINES:

  • The paper should have Research Questions and suggestions regarding the research  and the maximum word  limit of Research Papers is 4000
  • Font- Times New Roman
  • A4 size Paper with 1 margin with line spacing 0f 1.5
  • Submission of Analysis of data and sample report along with the research paper

DETAILS FOR SUBMISSION:

  • Send Abstract or Research Papers at anandlawcollege11111@gmail.com
  • Submission of Abstract of 350 Words with keywords and stating the Statement of the problem, Research Questions, and Research Methodology.

Visit us for more such opportunities: http://lexpeeps.in/

Call for Blogs by Brillopedia [ISBN: 978-1637451953]: Submit by 28/02/2021

Posted on

Call for blogs: Brillopedia [ISBN: 978-1637451953]. There is no publication and registration fee.

ELIGIBILITY:

Academicians, Researchers, Students who are pursuing their UG or PG degree

THEME:

The author can write on any topic with no particular theme

GUIDELINES:

  • Orginal and Unplushed blogs will be entertained
  • Word Limit is 800 to 1200
  • Font 12 Times New Roman
  • Line Spacing 1.5
  • Endnotes instead of Footnotes with Line Spacing 1 and 10 in Times New roman
  • Plagiarism Up to 20 Percent is Allowed

IMPORTANT DETAILS:

  • Last Date for Submission 28th Feb 2021
  • An acceptance email will be sent within 48 hours of the submission
  • The Article will be published within 6 days of the selection
  • There are no registration or publication fees
  • E-mail: brillopedia@gmail.com

For more details visit: https://www.brillopedia.net/

Visit us for more such opportunities: http://lexpeeps.in/

3rd Online National Case Commentary Competition by the Legal Insider: Register by 12/02/2021.

Posted on

ABOUT US:

The Legal Insider is a rapidly growing community of niche academicians, thinkers, activists, lawyers, to bring innovation in the legal field

TOPICS:

  • Indian Railways Construction Co. Ltd v. Ajay Kumar
  • Waman Rao v. Union of India
  • State of Bihar v. Bihar Pensioner Samaj
  • Indira Gandhi v. Raj Narain (1975)
  • ADM Jabalpur v. Shivakant Shukla
  • Mohd Ahmed Khan v. Shah Bano Begum (1985)
  • Indra Sawhney v. Union of India

ELIGIBILITY:

  • Bachelor Degree in Law from any university in 3 years or 5-year law course
  • Maximum Limit of number of participants- 3 

IMPORTANT DETAILS

  • Last date for the registration 12th Feb 2021
  • Submission Date 20th Feb 2021
  • The result- 26th Feb 2021

AWARDS

  • Soft Copy of Certificate of Participation to all
  • 1st prize 3000Rs and Merit Certificate
  • 2nd Prize 1500Rs and Merit Certificate

FEES DETAILS

  • 100 Rupees for Single Author
  • 300 Rupees for 3  Co-Authors

MODE OF PAYMENT

Google Pay: 9720281573

Account Number: 518702010060803

IFSC code: UBINO551872

Account holder’s name: Sidhanta Sarkar

Contact Information:

E-mail ID: insiderthelegal@gmail.com

Visit us for more such opportunities: http://lexpeeps.in/

Call for Interns- School of IPR and Commercial Laws: Apply by February 18, 2021.

Posted on

ABOUT SCHOOL OF IPR AND COMMMERCIAL LAWS:

The School of IPR and Commercial laws is an autonomous research school of the Research Board of All India Legal Forum. It is an initiative to promote interdisciplinary research in corporate law and related fields like competition law, policymaking, conflict management, banking and Intellectual Property Rights. The main objective of the school is to provide holistic advice on all issues relating to corporate affairs and Intellectual Property Rights, and impacting on corporate functioning, including the legislative, policy, structural, governance, regulation and interdisciplinary/ coordination issues, keeping in view the current developments and the probable future scenarios.

OBJECTIVE:

The main objectives of the school of IPR and Commercial Laws are as follows:

● To set up and advance connections internationally and nationally with similar bodies, and provide a focal point in India for researchers in corporate law.

● To attempt and encourage research on corporate laws and entice students of the highest potential to provide opportunities for their engagement in corporate law research projects.

● To establish close relations with top associations and members of the legal profession associated with corporate law and securities regulation.

● To research Corporate Laws and allied laws of foreign countries and to identify training and development needs of the officials of the legal, regulatory other agencies associated with the implementation of corporate laws, rules and guidelines.

● To provide a forum for critical research on the interplay of contemporary issues in corporate law, both from an academic and industry perspective.

● To provide insight into how Intellectual Property Laws are essential.

● To provide a forum for discussion and debate in the field of Intellectual Property Laws to students and academicians, and to undertake academic research and study to suggest improvements in various laws, bills and government policies.

● To provide high quality and exclusive legal research both doctrinal and empirical by nature in the field of IPR and Commercial Laws.

POST:

Intern – The School of IPR and Commercial Law

ROLE:

You will be working under the The School of IPR and Commercial Law for the duration of your internship. You will be required to attend webinars and sessions and participate in debates and quizzes. You will further be required to give presentations and write research papers within the jurisdiction of commercial law.

ELIGIVBILITY CRITERIA:

Students who are currently enrolled in the 3-year and 5-year UG Law course and willing to work for three weeks.

NO. OF VACANCIES:

Thirty Five (35)

TENURE:

Three weeks.

PERKS:

  • A Good Exposure for those who wish to further enhance their research skills.
  • Certificate of completion will be given upon successful completion of the tenure of two months.
  • Special perks will be given (if possible).

STIPEND:

There is no stipend involved.

APPLICATION PROCESS:

Applications must include a Curriculum Vitae in pdf format, not exceeding 2 pages.

Applicants are required to send their application at siprcl12345ailf@gmail.com

Applications must be made with the Subject of the email as ‘Application for Internship’.

The applications must be submitted on or before February 18, 2021, 11:59 pm.

Please go through all the requirements carefully. Incomplete applications will not be considered.

Selected students will be called for an interview. Appointment will be subject to assignment given after interview.

Visit us for more such opportunities: http://lexpeeps.in/

Flesh Trade and Prostitution: A Complex Web of Cruelty

Posted on

This article is written by Prachiti Shinde, Thakur Ramanarayan College of law

What is meant by prostitution? 

Prostitution is the practice or business where people part in sexual activity in exchange for money and a person who is engaged, in this field is referred to as a  prostitute.

Now to think of it, is it legal all around the world?

  1. Where prostitution is not tolerated and it is illegal to carry out prostitution e.g. Kenya, Morocco, Afghanistan, etc.
  2. Where prostitution is legal but it is legal with certain limitations and restrictions e.g. India, Canada, France, etc
  3. Where prostitution is legal and regularised with proper laws e.g. New Zealand, Australia, Austria, Netherlands, etc.

Was prostitution originated in India? What was the history behind it?

There was a devadasi system earlier that used to contribute all her life in the devotion of Lord Krishna. They were highly respected by royals. Later they were called Nagarvandu i.e. Bride of the town they were called by royals to sing and dance. Later when British people came to India they changed to the concept of the previous system and introduced prostitution. British officers used to call Devadasi to perform art and from here it became the beginning for one night stand. The Indian Economy began to deplete and people started losing their means of livelihood women then started selling their bodies to the British officers in an exchange for money. 

Causes for Prostitution

  1. Poverty:  This is the biggest reason females are either being forced or lured by someone promising employment opportunities. Later they sell them as sex workers. The chain continues as illiteracy leads to poverty, it leads to unemployment and it leads to 
  2. Family prostitutes: often the children of prostitutes have no option but to carry on the same work as their mothers as there is a lack of acceptance as well as education in the society.
  3. Social customs: There are still some communities like the banchhara community which send the girls in the community into prostitution as a part of their moral and religious duty. The flesh trade is carried on the national highway of Madhya Pradesh.
  4. Sale by husband or relatives: Especially in the areas of Warangal, Chittoor, Bellampali, and other northern parts of M.P and U.P, etc.

After listing causes it is evident that injustice has been going on for ages so are there any rights available for the protection of sex workers?

Primarily the law dealing with sex workers is the Immoral Traffic (Suppression) Act 1956 under this sex workers are allowed to practice their profession secretly. If it is legalized then why is it carried out secretly? Some sections of the ITPA Act deal with certain aspects related to prostitution.

  • Section-3 of the act prescribes punishment for keeping a brothel or allowing premises to be used as a brothel
  • Section-4 of the act penalizes any person who is living on the earnings of prostitution. This section does not even exclude the family members.
  • Section-5 of the act penalizes the procuring, inducing, or taking person for the sake of prostitution. This section targets the pimps, brothel owners, and traffickers.
  • Section-6 of the act penalizes the people who detain a sex worker in the brothel or any premises where prostitution is carried on. This section specifically targets the middlemen and the brothel owners.
  • Section-7 of the act penalizes prostitution when it is carried out in or in the vicinity of public places. 
  • Section-8 of the act penalizes the sex worker for seducing or soliciting a person for purpose of prostitution. According to this section, a sex worker cannot do any gestures to invite someone for prostitution.

Case laws

a) Kamaljeet Singh v state 

The appellant was accused of operating a widespread national organized crime network that engaged in the recruitment and transport of women to engage in commercial sexual exploitation (i.e. prostitution).  A police sting operation netted a lower-level pimp and two prostitutes with connections to the appellant, and these individuals offered up confessions that, in conjunction with other circumstantial evidence, substantiated the charges against the appellant.  It was disclosed that the appellant’s network supplied girls to five-star hotels, guest houses, and posh colony flats in various cities including Mumbai, Calcutta, Bangalore, etc., and that this prostitution racket had been ongoing since 1985-86.

b) Vishal Jeet v. Union of India (1990)

his 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 to enable them to choose a more dignified way of life; and to look into issues about the dedication of young girls as Devadasi and Jogi.

The petition brought out the fact that poor parents on account of acute poverty were selling their children and young girls hoping that their children would be engaged only in household duties or manual labor. However, pimps – brokers – keepers either purchase or kidnap them by deceitful means and unjustly and forcibly inveigle them into ‘flesh trade’.

This Public Interest Litigation was a first of its kind on the problem of trafficking in women and children for sexual abuse and exploitation. The judgment was a landmark decision where the Supreme Court gave directions for the protection and rehabilitation of those who had fallen victim to forced prostitution and those who were dedicated as devadasis by their families or communities for cultural reasons and were currently in prostitution.

Should Prostitution be Legalized?

If it is legalized, then it would at least give a scope of guarantee for the protection of their rights as well as their children’s rights. They could demand safer sex and also regular check-up for the safety of her as well as of the client. This would help in the prevention of the spread of STDs. The involvement of minors would be prohibited as sex workers would have licenses. 

However, earning made by selling the dignity and esteem of a woman is something that is not at all admirable. And if prostitution is made legal in Indian society, then people will start viewing it as a profession and therefore more women will be motivated to engage in this industry as an easy way to earn money. As a result, it will cause the massive growth of this industry. A subsequent concern centers on the hazard that sanctioning prostitution will lead to the increase of human trafficking. In India more than 84 million people are poor and for their survival, many times people sell their female child to sexual predators in exchange for money. And with the decriminalization of prostitution, more children will be forced to become sex workers. Also, there will be a rapid increase in the number of scams.

Latest Posts

Archives