Holding

A roving CBI inquiry is not practicable; instead, the Court may direct Central and State governments to take speedy action under existing laws and to set up advisory committees for the eradication of prostitution and rehabilitation of victims.

Summary

Vishal Jeet filed a public‑interest writ petition under Article 32 seeking a CBI inquiry into police negligence, the forced prostitution, Devadasi and Jogini systems, and rehabilitation of victims. The Court observed that prostitution is a socio‑economic problem requiring preventive, not merely punitive, measures and that a roving CBI enquiry across the country is neither practicable nor desirable. It held that the Constitution (Articles 23, 32, 35, 39) obliges the State to protect children and women from exploitation, but the remedy lies in directing Central and State governments to take speedy action under existing statutes and to set up advisory committees for care, protection and rehabilitation. Accordingly, the Court issued directions for the formation of such committees, for provision of rehabilitative homes, and for forwarding affidavits to the Delhi Police, and then disposed of the petition.

Issues considered

The Court's jurisdiction to direct a CBI roving inquiry into forced prostitution under Article 32.
Whether the Court can issue directions for the creation of advisory committees and rehabilitation measures for victims of prostitution, Devadasi and Jogini traditions.
The interpretation of Article 23 (right against exploitation) and Article 39(e)(f) (state policy) in the context of child and women trafficking.
The adequacy of existing statutes (Immoral Traffic (Prevention) Act, IPC, Juvenile Justice Act) to address the problem.

Legislation cited

Constitution of Indias. Article 23, s. Article 32, s. Article 35, s. Article 39
Immoral Traffic (Prevention) Act, 1956
Indian Penal Code, 1860s. 366-A, s. 366-B, s. 372, s. 373
Juvenile Justice Act, 1986s. 13, s. 15

Subjects

forced prostitutionDevadasi systemJogini traditionpublic interest litigationArticle 32child exploitationhuman traffickingrehabilitationadvisory committeesocio‑economic problem

Judgment

VISHAL JEET
A
v.
UNION OF INDIA AND ORS.

MAY 2, 1990

[S. RATNAVEL PANDIAN AND K. JAYACHANDRA B
REDDY, JJ.]

Constitution of India, 1950.: Article 32-Public interest litigation
-Writ petition seekin_g directions for inquiry against forced prostitution
Devadasi and login traditions and rehabilitation of the victims-Held
prostitution is not only social but also a socio-economic problem-
Eradicating measures should be preventive rather than punitive-A c
roving inquiry by C.B.l. neither practicable nor desirable-However,
directions issued by Supreme Court for setting up of Advisory Commit-
tees to evolve measures for care, protection and rehabilitation of
victims-Law enforcing authorities to take appropriate and speedy
action under existing law for eradicating the malady ofprostitution. D

Article 23-'Right against exploitation'-'Traffic in Human
beings'-Expression is very wide including prohibition of traffic in
women for immoral or other purposes.

r Article 39(e)(f)-State has an obligation to safeguard the interest E
and welfare of the children and girls of the Country.

The Immoral Traffic (Prevention) Act, 1956: Object of the Act-
What is-Indian Penal Code, 1860: Sections 366-A, 366-B, 372 and
373. The Juvenile Justice Act, 1986: Sections 13 and 15. · ·
F
The petitioner filed a writ petition in this Court under Article 32
of the Constitution of India by way of public interest litigation seeking
directions for (i) inquiry against police officials under whose jurisdic-
tion the malady of forced prostitution, Devdasi system and Jogin tradi-
tions were Oourisbing and (ii) for rehabilitiation of the victims of this
malady. G

Disposing the writ petition, this Court,

HELD: I. The malady of prostitution 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. This cannot be H

861
862 SUPREME COURT REPORTS [1990] 2 S.C.R.

eradicated either by banishing, branding, scourging or inflicting severe
A
punishment on the helpless and hapless victims most of whom are
unwilling participants, aud involuntary victims of compelled circums-
tances and who, finding no way to escape, are weeping or wailing
throughout. This devastating malady can be suppressed and eradicated
only if the law enforcing authorities in that regard take very severe and
B speedy action against all the erring persons such as pimps, brokers and
brothel keepers. [867D; E-G]

2. In-spite of the stringent and rehabilitative provisions of law
contained in Constitution of India, 1950, the Immoral Traffic (Preven-
tion) Act, 1956, Indian Penal Code, 1860 and the Juvenile Justice Act,
1986, it cannot be said that the desired result has been achieved. It
c cannot be gainsaid that a remarkable degree of ignorance or callousness
-
or culpable indifference is manifested in uprooting this cancerous
growth despite the fact that the day has arrived imperiously demand-
ing an objective multi-dimensional study and a searching investiga-
tion into the matter relating to the causes and effects of this evil
D and requiring the most rational measures to weed out the vices of illicit
trafficking. [867C-D)

3. The Courts also in such cases have to always take a serious
view of this matter and inflict condign punishment on proof of such
offences. However, it is neither practicable and possible nor desirable to
E make a roving enquiry through the C.8.1. thrughout the length and
breadth of the country. and no useful purpose will be served by issuing
any such direction. [867G; 867E)
. \
4. Apart from legal action, both the Central and the State
Governments have got an obligation to safeguard the interest and
F welfare of the children and girls of this country. [867HJ

Lakshmi Kant Pandey v. Union of India, [1984) 2 SCC 244 and
Guarav Jain v. Union of India & Ors., AIR 1990 S.C. 292, referred to.

5. All the State Governments and the Govermnents of Union
G Territories should direct their concerned law enforcing authorities to
take appropriate and speedy action under the existing laws in eradicat-
ing child prostitution without giving room for any complaint of remiss- ,..
ness or culpable indifference. They should also set up separate Advisory
Committees for making suggestions for eradication of prostitution,
implementation of the social welfare programmes for the care, protec-
H tion, treatment, development and rehabilitation of the victims, and for
VISHAL JEET v. U.0.I. (PANDIAN, J.] 863

'
amendments of the existing law, or for enactment of any new law for
j_ prevention of sexual exploitation of the children. These Govermnents
A
should also devise a machinery for ensuring proper implementation of
the suggestions of their respective committees. [8680-H; 869A-E]

ORIGINAL JURISDICTION: Writ Petition (Criminal) No.
421of1989. B

(Under Article 32 of the Constitution of India).

Vishal Jeet petitioner-in-person.

V.C. Mahajan, A.S. Nambiar, R.B. Misra, Ms. A. Subhashini,
T.V.S.1\f. Chari, Prabir Choudhary, D. Goburdhan, M.N. Shroff,
c
K.R. Nambiar, Uma Nath Singh, N.N. Johri, V. Krishnamurthy, V.N.
Patil, A.S. Bhasme, P.R. Ramasesh, M. Veerappa, R.K. Mehta, R.S.
Suri, B.D. Sharma, D. Bhandari, Amal Dalla, D.K. Sinha, J.R. Das,
S.K. Bhattacharya, S.K. Nandi, Mahabir Singh, I. Makwana, N .K.
Sharma, A. Subba Rao, Ms. Kamini Jaiswal, P.K. Manohar and Mrs. D
Shanta Vasudevan for the Respondents.

The Judgment of the Court was delivered by

S. RATNAVEL PANDIAN, J. This writ petition under Article 32
of the Constitution of India at the instance of an Advocate is filed by E
way of a Public Interest Litigation seeking issuance of certain direc-
tions, directing the Central Bureau of Investigation (1) to institute an
enquiry against those police officers under whose jurisdiction Red
/ Light areas as well Devadasi and Jogin traditions are flourishing and to
take necessary action against such erring police officers and law brea-
kers; (2) to bring all the inmates of the red light areas and also those F
who are engaged in 'flesh trade' to protective homes of the respective
States and to 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 (3) to bring the children of those
prostitutes and other children found begging in streets and also the
girls pushed into 'flesh trade' to protective homes and then to rehabili- G
tate them.

The averments made in the writ petition on the basis of which
these directions are prayed for can be summarised thus:

Many unfortunate teen-aged female children (hereinafter refer- H
864 SUPREME COURT REPORTS [1990] 2 S.C.R.

red to as 'the children') and girls in full bloom are being sold in various
A parts of the country, for paltry sum even by their parents finding
themselves unable to maintain their children on account of acute
'
poverty and unbearable miseries and hoping that their children would
be engaged only in.household duties or manual labour. But those who
are acting as pimps or brokers in the 'flesh trade' and brothel keepers
B who hunt for these teenaged children and young girls to make money
either purchase or kidnap them by deceitful means and unjustly and
forcibly inveigle them into 'flesh trade'. Once these unfortunate
victims are taken to the dens of prostitutes and sold to brothel keepers,
they are shockingly and brutally treated and confined in complete

c
seclusion in a tiny claustrophobic room for several days without food
until they succumb to the vicious desires of the brothel keepers and
enter into the unethical and squalid business of prostitution. These
/
I
-
victims though unwilling to lead this obnoxious way of life have no
other way except to surrender themselves retreating into silence and
submitting their bodies to all the dirty customers including even sex-
agenarians with plastic smile.
D
The petitioner has cited certain lurid tales of sex with sickening
details alleged to have been confessed by some children and girls
either escaped or rescued from such abodes of ill-fame. After giving a
brief note on Devadasi system and Jogin tradition, the petitioner states
that this system and tradition which are still prevailing in some parts of
E the country should be put to an end. The ultimate plea of the
petitioner is that the young children and girls forcibly pushed into
'flesh trade' should be rescued and rehabilitated. With this petition, the
petitioner has filed 9 affidavits said to have been sworn by 9 girls who
claim to be living in the brothel houses, pleading for rescue and a list of
names of 9 girls who are mortally afraid to swear the affidavits. Be it
F noted that no counter has been filed by any one of the respondents.

The matter is one of great importance warranting a comprehen-
sive and searching analysis and requiring a humanistic rather than a
purely legalistic approach from different angles. The questions
involved cause considerable anxiety to the Court in reaching a
G satisfactory solution in eradicating such sexual exploitation of
children. We shall now examine this problem and address ourselves to
the merits of the prayers.

No denying the fact that prostitution always remains as a running
sore in the body of civilisation and destroys all moral values. The
H causes and evil effects of prostitution mel;~ning the society are so
VISHAL JEET v. U.O.l. [PANDIAN, J.] 865

---
/
I notorious and frightful that none can gainsay it. This malignity is daily
and hourly threatening the community at large slowly but steadily
making its way onwards leaving a track marked with broken hopes.
Therefore, the necessity for appropriate and drastic action to eradicate
this evil has become apparent but its successful consummation ulti-
A

mately rests with the public at large.
B
It is highly deplorable and heart-rending to note that many
poverty stricken children and girls in the prime of youth are taken to
'flesh market' and forcibly pushed into the 'flesh trade' which is being
carried on in utter violation of all cannons of morality, decency and
dignity of humankind. There cannot be two opinions-indeed there is
none-that this obnoxious and abominable crime committed with all
kinds of unthinkable vulgarity should be eradicated at all levels by c
'drastic steps.

Article 23 which relates to Fundamental Rights in Part III of the
Constitution and which has been put under the caption 'Right against
exploitation' prohibits 'traffic in human beings and begar and other D
similar forms of labour' and provides that any contravention of Article
23(1) shall be an offence punishable in accordance with law. The
expression 'traffic in human beings' is evidently a very wide expression
including the prohibition of traffic in women for immoral or other
r purposes. Article 35(a)(ii) of the Constitution reads that notwithstand-
ing anything in this Constitution, Parliament shall have, and the legis- E
lature of a State shall not have, power to make laws for prescribing
punishment for those acts which are declared to be offences under this
part. The power of legislation, under this article, is given to the Parlia-
ment exclusively, for, otherwise the laws relating to fundamental
rights would not have been uniform throughout the country. The
power is specifically denied to the state legislatures. In implementation F
of the principles underlying Article 23( 1) the Suppr~ssion of Immoral
Traffic in Women & Girls Act, 1956 (SITA for short) has been enacted
under Article 35 with the object of inhibiting or· abolishing the
immoral traffic in women and girls.

In this connection, it is significrnt to refer Article 39 which G
relates to 'Directive Principles of State Policy' under Part IV of the
Constitution. Article 39 particularises certain objectives. Clause (f) of
Article 39 was substituted by Forty-Second Amendment Act, 1976.
Among the objectives mentioned under Clauses (e) and (f) of Article
39, we will confine ourselves only to certain relevant objectives under
those two clauses which are sufficient for the purpose of this case. One H
860 SUPREME COURT REPORTS [1990) 2 S.C.R.

of the objectives under clause (e) of Article 39 is that the State should,
A in particular, direct its policy towards securing that the tender age of
children are not abused. One of the objectives under clause (f) is that
the State should, in particular, direct its policy towards securing that
childhood and youth are protected against exploitation and against
moral and material abandonment. These objectives retlect the great
B anxiety of the Constitution makers to protect and safeguard the
interests and welfare of the children of our country. The Government
of India has also, in pursuance of these constitutional provisions of
clauses (e) and (f) of Article 39, evolved a national policy for the
welfare of the children.
i
/
It will be apposite to make reference to one of the principles,
c namely, principle No. (9) formulated by the Declaration of the Rights
of the Child adopted by the General Assembly of the United Nations
on November 20, 1959. The said principle reads thus:

'The child shall be protected against all forms of neglect,
D cruelty and exploitation. He shall not be the subject of
traffic, in any form.''

Before the adoption of SITA, there were enactments in some of
the states for suppression of immoral traffic, but they were not
uniform nor were they found to be adequately effective. Some states
E did not have any law on the subject.

With the growing danger in society to healthy and decent living
with morality, the world public opinion congregated at New York in a
convention for suppression of traffic in persons for exploitation for
immoral purposes. Pursuant to the signing of that convention on May
F 9, 1950, our Parliament has passed an Act called "Suppression of
Immoral Traffic in Women and Girls Act, 1956 which is now changed
as "The Immoral Traffic (Prevention) Act, 1956" to which certain
drastic amendments are introduced by the Amendment Acts of 46 of
1978 and 44 of 1986. This Act aims at suppressing the evils of prostitu-
tion in women and girls and achieving a public purpose viz. to rescue
G the fallen women and girls and to stamp out the evils of prostitution
and also to provide an opportunity to these fallen victims so that they
could become decent members of the society. Besides the above Act,
there are various provisions in the Indian Penal Code such as Sections
366-A (dealing with procuration of minor girl), 366-B (dealing with
offence of importation of girl from foreign country), 372 (dealing with
H selling of minor for purposes of prostitution etc.) and 373 (dealing with
VJSHAL JEET v. U.0.J. [PANDIAN, J.] 867

the offence of buying minor for purposes of prostitution etc.). The A
Juvenile Justice Act, 1986 which provides for the care, protection,
treatment, development and rehabilitaton of neglected or deliquent
juveniles contains a specific provision namely Section 13 which
empowers a police officer or any other person or organisation
authorised by the State Government in this behalf to take charge of B
any neglected juveniles and bring them before the Board constituted
under this Act which Board under section 15 has to hold an enquiry
and make such orders in relation to the neglected juveniles as it may
deem fit.

Inspite of the above stringent and rehabilitative provisions of law
under various Acts, it cannot be said that the desired result has been c
achieved. It cannot be gainsaid that a remarkable degree of ignorance
or callousness or culpable indifference is manifested in uprooting this
cancerous growth despite the fact that the day has arrived imperiously
demanding an objective multi-dimensional study and a searching
investigation into the matter relating to the causes and effects of this
D
evil and requiring most rational measures to weed out the vices of
illicit trafficking. 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.

In our view, it is neither practicable and possible nor desirable to
E
make a roving enquiry through the CBI throughout the length and
breadth of this country and no useful purpose will be served by issuing
any such direction, as requested by the petitioner. Further, this
malignity cannot be eradicated either by banishing, branding, scourg-
ing or inflicting severe punishment on these helpless and hapless
victims most of whom are unwilling participants and involuntary· F
vicitms of compelled circumstances and who, finding no way to escape,
are weeping or wailing throughout.

This devastating malady can be suppressed and eradicated only if
the law enforcing authorities in that regard take very severe and
speedy legal action against all the erring persons such as pimps,
brokers and brothel keepers. The Courts in such cases have to always G
take a serious view of this matter and inflict condign punishment on
proof of such offences. Apart from legal action, both the Central and
the State Government who have got an obligation to safeguard the
interest and welfare of the children and girls of this country have to
evaluate various measures and implement them in the right direction.
H
868 SUPREME COURT REPORTS [1990] 2 S.C.R.

Bhagwati, J. (as he then was) in Lakshmi Kant Pandey v. Union
A
of India, I1984 l 2 sec 244 while emphasizing the importance of
children has expressed his view thus:

"It is obvious that in a civilized society the importance of
child welfare cannot be over-emphasized, because the
B welfare of the entire community, its growth and develop-
ment, depend on the health and well-being of its children.
Children are a 'supremely important national asset' and the
future well-being of the nation depends on how its children
grow and develop."

We, after bestowing our deep and amaous consideration on this
r
c matter feel that it would be appropriate if certain directions are given
in this regard. Accordingly, we make the following directions:

1. All the State Governments and the Governments of Union
Territories should direct their concerned law enforcing authori-
D ties to take appropriate and speedy action under the existing laws
in eradicating child prostitution without giving room for any
complaint of remissness or culpable indifference.

2. The State Governments and the Governments of Union
Territories should set up a separate Advisory Committee within .....\
E their respective zones consisting of the secretary of the Social
Welfare Department or Board, the Secretary of the Law Depart-
ment, sociologists, criminologists, members of the women's
organisations, members of Indian Council of Child Welfare and
Indian Council of Social Welfare as well the members of various
voluntary social organisations and associations etc., the main
F objects of the Advisory Committee being to make suggestions of:

(a) the measures to be taken in eradicating the child
prostitution, and

(b) the social welfare programmes to be implemented for
G the care, protection, treatment, development and rehabili-
tation of the young fallen victims namely the children and
girls rescued either from the brothel houses or from the
vices of prostitution.

3. All the State Governments and the Governments of Union
H Territories should take steps in providing adequate and
VISHAL JEET v. U.0.1. [PANDIAN, J.] 869

~- rehabilitative homes manned by well-qualified trained social A
workers, psychiatarists and doctors.
~--

4. The Union Government should set up a committee of its own
in the line, we have suggested under direction No.(2) the main
object of which is to evolve welfare programmes to be imple-
B
mented on the national level for the care, protection, rehabilita-
tion etc. etc. of the young fallen victims namely the children and
girls and to make suggestions of amendments to the existing laws
or for enactment of any new law, if so warranted for the preven-
tion of sexual exploitation of children.

5. The Central Government and the Governments of States and c
Union Territories should devise a machinery of its own for ensur-
ing the proper implementation of the suggestions that would be
made by the respective committees.

6. The Advisory Committee can also go deep into l:levadasi
D
system and Jogin tradition and give their valuable advice and
suggestions as to what best the Government could do in that
regard.

7. The copies of the affidavits and the list containing the names
r of 9 girls are directed to be forwarded to the Commissioner of
Police, Delhi for necessary action. E

We may add that we are not giving an exhaustive list of the
members for the constitution of the committee. Therefore, it is open
to the concerned Government to include any member or members in
L the committee as it deems necessaty. ·
F

~ We hope and trust that he directions ~iven bv us will go a long
way towards eradicating the malady of child prostitution, Tevadasl
system and Jogin tradition and will also at the same time protect and
safeguard the interests of the children by preventing of the sexual
abuse and exploitation.
G
So far as the remaining prayer regarding rehabilitation of the
children of prostitutes is concerned, we understand that a similar issue
is raised in a separate writ petition bearing W.P. No. 824/88 pending
before this Court and this Court is seized of the matter and also has
given an interim direction on 15.11.1989 for setting up a committee to
H
870 SUPREME COURT REPORTS [1990] 2 S.C.R.

A go into the question from various angles of the problems taking into
consideration the different laws relevant to the matter and to submit
\ ...
. _.,
its report. (Vide Gaurav Jain v. Union of India and Others, AIR 1990
SC 292. Therefore, we are not expressing any opinion on this prayer
regarding the rehabilitation of the children of prostitutes.
B With the above directions, the Writ Petition is disposed of.

T.N.A. Petition disposed of.

j