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PETITIONER: GAURAV JAIN

       Vs.

RESPONDENT: UNION OF INDIA & ORS.

DATE OF JUDGMENT:       09/07/1997

BENCH: K. RAMASWAMY

ACT:

HEADNOTE:

JUDGMENT:                             WITH           WRIT PETITION (CRL.) NOs. 745-54 OF 1950                          O R D E R      "Frailty, the  name is  woman", was the ignominy heaped upon women  of Victorian  Era by  William Shakespeare in his great work  ‘Hamlet’. The history or sociology has, however, established the  contrary, i.e.,  ‘fortitude’, thy  name  is woman; ‘caress’,  thy name  is woman;  ‘self-sacrifice’, thy name  is  woman;  tenacity  and  successful  pursuit,  their apathetically is  women. Indira  Gandhi, Margaret  Thatcher, Srimovo Bhandarnaike  and Golda  Meir  are  few  illustrious women having  proved successful  in democratic governance of the respective  democratic States.  Amidst  them,  still,  a class of  women is  trapped  as  victims  of  circumstances, unfounded social  sanctions, handicaps and coercive forms in the flesh  trade, optimised  as ‘prostitutes’,  (for  short, ‘fallen  women’).   Seeking   their   redemptions,   a   few enlightened segments  are tapping  and doors  of this  Court under Article  32 of  the  Constitution,  through  a  public spirited advocate,  Gaurav Jain  who filed, on their behalf, the main  writ petitions  claiming that  right  to  be  free citizens; right  not to  be  trapped  again;  readjusted  by economic empowerment,  social  justice  and  self-sustenance thereby with  equality of status, dignity of person in truth and reality  and social  integration in  the mainstream  are their magna  carta. An  article "A  Red light  trap: Society gives no  chance to prostitutes’ offspring" in ‘India Today’ dated July  11, 1988  is founded  as source material and has done yeoman’s service to ignite the sensitivity of Gaurav to seek improvement  of the  plight of  the unfortunate  fallen women  and  their  progeny.  Though  Gaurav  had  asked  for establishing  separate   educational  institutions  for  the children of  the fallen  women, this Court after hearing all the State  Governments and Union Territories which were then represented  through   their  respective  standing  counsel, observed on  November 15,  1989 in  Gaurav Jain vs. Union of India & Ors. [1990 Supp. SCC 709] that "segregating children of prostitutes  by locating  separate schools  and providing separate hostels"  would not  be  in  the  interest  of  the children and  the society at large. This Court directed that

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they "should be segregated from their mothers and be allowed to mingle  with others  and become  a part  of the society". Accepting the  suggestion from  the Bar  and  rejecting  the limited prayer  of the  petitioner, this  Court had  ordered that  "Children  of  prostitutes  should,  however,  not  be permitted  to   leave  in   inferno  and   the   undesirable surroundings   of   prostitute   homes".   This   was   felt particularly so  in the  case of  young girls whose body and mind are  likely to  be abused  with growing  age for  being admitted into  the profession  of their  mothers. While this Court did  not accept  the plea  for  separate  hostels  for children of  prostitutes, it  felt  that  "accommodation  in hostels and  other reformatory  homes should  be  adequately available to  help segregation  of these children from their mothers living  in prostitute  homes as  soon  as  they  are identified". In  that view, instead of disposing of the writ petition with  a set of directions, this Court constituted a Committee comprising  S/Shri V.C.  Mahaja, R.K. Jain, Senior Advocates and others including M.N. Shroff, Advocate, as its Convenor, and  other individuals  named in  the  Order;  the Court directed  the Committee  to submit  its report  giving suggestions for  appropriate action. Accordingly, the report was submitted. Arguments wee heard and judgment was reserved but could  not be  delivered. Resultantly,  it was  released from judgment.  We have  re-heard the counsel on both sides. The primary question in this case is: what are the rights of the children  of fallen women, the modules to segregate them from their mothers and others so as to give them protection, care and  rehabilitation in  the mainstream  of the national life? And  as facet  of it,  what should be the scheme to be evolved to  eradicate prostitution, i.e., the source itself; and what  succour and  sustenance can  be  provided  to  the fallen victims  of flesh  trade? These are primary questions we  angulate  for  consideration  in  this  public  interest litigation.      The Preamble,  an integral  part of  the  Constitution, pledges  to  secure  ‘socio-economic  justice’  to  all  its citizens with  stated liberties,  ‘equality of status and of opportunity’, assuring  ‘fraternity’ and  ‘dignity’  of  the individual in  a united  and integrated  Bharat. The  fallen women too are part of citizenry. Prostitution in society has not been  an unknown phenomenon; it is of ancient origin and has its  manifestation in  various forms with varied degrees unfounded on  so-called social sanctions etc. The victims of the trap  are the  poor, illiterate and ignorant sections of the society  and are  the target  group in  the flesh trade; rich communities  exploit them  and harvest  at their misery and ignominy  in an  organised gangsterism,  in  particular, with  police   nexus.  It   is  of   grave  social  concern, increasingly  realised   by  enlightened   public   spirited sections of  the society  to prevent  gender exploitation of girl children.  The prostitute has always been an object and was never  seen as  complete human  being  with  dignity  of person; as  if she  has had  no needs and aspirations of her own,  individually   or  collectively.  Their  problems  are compounded  by  coercion  laid  around  them  and  torturous treatment meted  out to them. When they make attempts either to resist the prostitution or to relieve themselves from the trap, they  succumb to the violent treatment and resultantly many a  one settle for prostitution. Prostitute is equally a human being.  Despite that  trap, she is confronted with the problems to  bear and  rear the children. The limitations of trade confront  them in  bringing up  their children,  be it male or  female. Their  children are  equally  subjected  to inhuman treatment  by managers of brothels and are subjected

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to discrimination,  social isolation;  they are  deprived of their right  to live  normal life for no fault of their own. In recent  times, however,  there has been a growing body of opinion, by  certain enlightened  sections  of  the  society advocating the need to no longer treat the fallen women as a criminals or as an object of shocking sexual abuse; they are victims of  circumstances and  hence should  be  treated  as human beings  like others,  so as  to bring  them  into  the mainstream of  the social order without any attached stigma. Equally, they  realise the  need to keep their children away from the red light area, particularly girl children and have them inducted  into respectable  and  meaningful  avocations and/or self-employment  schemes. In  no circumstances,  they should continue  to be  in  the  trap  of  flesh  trade  for commercial  exploitation.  They  need  to  be  treated  with humanity and  compassion so  as to  integrate them  into the social mainstream. If given equal opportunity, they would be able to  play their  own part  for peaceful  rehabilitation, live a  life with  happiness purposefully,  with  meaningful right to  life, culturally,  socially and  economically with equality  of   status   and   dignity   of   person.   These constitutional and  human rights  to the  victims of  fallen track of  flesh trade,  need care  and consideration  of the society. This  case calls upon to resolve than human problem with  caress   and  purposeful   guidelines,  lend  help  to ameliorate their socio-economic conditions, eradicate social stigma and to make available to them equal opportunities for the social order.      Equally, the  right of  the child is the concern of the society so  that fallen  women surpass  trafficking  of  her person  from   exploitation;  contribute  to  bring  up  her children; live  a life  with dignity; and not to continue in the foul  social environment. Equally, the children have the right  to   equality  of   opportunity,  dignity  and  care, protection and rehabilitation by the society with both hands open to  bring them  into  the  mainstream  of  social  life without pre-stigma  affixed on them for no fault of her/his. The Convention  on the  Right of  the Child, the fundamental Rights  in   Part  III   of  the   Constitution,   Universal Declaration of Human Rights, the Directive Principles of the State Policy  are equally made available and made meaningful instruments and  means  to  ameliorate  their  conditions  - social, educational,  economical and  cultural, and to bring them into the social stream by giving the same opportunities as had  by other  children. Thus,  this  case  calls  for  a careful   and    meaningful   consideration   with   diverse perspectives,  to  decide  the  problems  in  the  light  of constitutional and  human rights and directions given to the executive  to   effectuate  them   on  administrative   side effectively so  that those rights become real and meaningful to them.      Let us,  therefore, first  consider the  rights of  the fallen women  and their  children given  by the Constitution and the  Directive Principles,  the  Human  Rights  and  the Convention on  the Right  of Child,  before considering  the social ignominy  attached to  them and  before  looking  for remedy to  relieve them  from the  agony and make them equal participants in normal social order. Article 14 provides for equality in general. Article 21 guarantees right to life and liberty. Article  15 prohibits discrimination on the grounds of religious  race, caste,  sex or place of birth, or of any of them.  article  15(3)  provides  for  special  protective discrimination in  favour of  woman and child relieving them from the moribund of formal equality. It state that "nothing in this  article shall  prevent the  State from  making  any

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special provision  for women  and children".  Article  16(1) covers  equality   of  opportunity   in  matters  of  public employment. Article 23 prohibits traffic in human beings and forced labour  and makes  it punishable under Suppression of Immoral Traffic  in Women  and  Girls  Act,  1956  which  is renamed in  1990 as  the Immoral  Traffic (Prohibition)  Act (for short,  the ‘ITP Act’). article 24 prohibits employment of children in any hazardous employment or in any factory or mine unsuited to their age.      Article 38  enjoins the State to secure and protect, as effectively as  it may,  a social  order in  which justice - social,  economic   and  political,  shall  inform  all  the institutions of  national life.  It enjoins,  by appropriate statutory or  administrative actions,  that the state should minimise the  inequalities in  status and provide facilities and opportunities  to  make  equal  results.  Article  39(f) provides that the children should be given opportunities and facilities to  develop in a healthy manner and conditions of freedom and  dignity;  and  that  childhood  and  youth  are protected  against   exploitation  and   against  moral  and material  abandonment.  Article  46  directs  the  State  to promote the  educational and economic interests of the women and weaker  sections of the people and that it shall protect them from  social injustice  and all  forms of exploitation. Article 45 makes provision for free of exploitation. Article 45 makes  provision for  free and  compulsory education  for children, which  is now  well settled as a fundamental right to the  children upto  the age of 14 years; it also mandates that facilities  and opportunities  for  higher  educational avenues be provided to them. The social justice and economic empowerment are  firmly held  as fundamental rights of every citizen.      Article 1  of the Universal Declaration of Human Rights provides that  all human  beings are  born free and equal in dignity  and  rights.  They  are  endowed  with  reason  and conscience and should act towards one another in a spirit of brotherhood.  Article   2  provides   that  everyone,  which includes fallen women and their children, is entitled to all the rights and freedoms set forth in the Declaration without any distinction  of any  kind such  as  race,  colour,  sex, language, religion,  political or other opinion, national or social origin,  property, birth  or other  status. Article 3 provides that  everyone has  the right  to life, liberty and security of  person. Article  4 enjoins that no one shall be held in  slavery or  servitude; slavery  and the slave trade shall be  prohibited in  all their forms. The fallen victims in the  flesh trade is no less than a slave trade. Article 5 provides that  no one  shall be  subjected to  torture or to cruel, inhuman  or degrading  treatment or  punishment.  The fallen/trapped victims  of  flesh  trade  are  subjected  to cruel, inhuman  and degrading treatment which are obnoxious, abominable and  an affront  to Article  5 of  the  Universal Declaration and Article 21 of the Indian Constitution.      Equally, Article 6 declares that everyone has the right to recognition  everywhere as  a person  before the law. The victims of  flesh trade  are equally entitled before the law to the  recognition as  equal citizens with equal status and dignity in  the society.  Article 7  postulates that all are equal   before   the   law   and   are   entitled,   without discrimination, to  equal protection  of the law. So, denial of equality  of the  rights and  opportunities and of dimity and  of   the  right   to  equal   protection  against   any discrimination of fallen women is violation of the Universal Declaration under  Article 7  and Article  14 of  the Indian Constitution.

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    Article 8  of the  Universal Declaration  provides that everyone has  the  right  to  an  effective  remedy  by  the competent  national   tribunals  for   acts  violating   the fundamental rights  granted by  the Constitution or the law. The Supreme Court of India, which is the sentinel in the qui vive, is enjoined to protect equally the rights of the poor, the deprived, the degraded women and children trapped in the flesh trade,  kept in inhumane and degrading conditions, and to  grant   them  the   constitutional  right  to  freedoms, protection,  rehabilitation  and  treatment  by  the  social engineering,   in    law,   constitution   and   appropriate administrate measures  so as to enable them to work hand-in- hand to  live with  dignity and  without any  stigma due  to their past  conduct tagged  to them  by  social  conditions, unfounded customs  and circumstances  which have become blot on the  victims and their children. They too are entitled to full   equality,    fair   and   adequate   facilities   and opportunities to  develop their personality with fully grown potentiality to  improve their  excellence in  every walk of life. Article 51-A of the Constitution enjoins duty on every citizen to  develop the  scientific temper, humanism and the spirit of inquiry and reform and to strive toward excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement.      Preamble to  the Declaration  of the Right of the Child adopted by  the UNO  on November 20, 1959, provides that the child by reason of his or her physical or mental immaturity, needs special  safeguards and care including her appropriate legal protection  before as  well as  after birth. Recalling the provisions of Declaration of Social and Legal Principles relating to  Protection and  Welfare of  the  Children  with Special  Reference  to  Foster  or  Placement  and  Adoption Nationally  and   Internationally;  the   General   Assembly Resolution 41/85  of December  3, 1986;  the United  Nations adopted Standard  Minimum Rules  for the  administration  of Juvenile Justice  (The Beijing  Rules)  dated  November  29, 1985. India  is a  signatory to  the Declaration and has the same  and   effectively   participated   in   bringing   the Declaration in  force. Article  3 (1) postulates that in all actions concerning children, whether undertaken by public or private  social   welfare  institutions,   courts  of   law, administrative authorities  or legislative  bodies, the best interest of  the child  shall be  the primary consideration. Article 3  (2) enjoins  to ensure  the child such protection and care  as is  necessary for his or her well-being, taking into account  the rights  and duties  of his or her parents, legal guardians,  or other  individuals legally  and all the appropriate measures  in that  behalf shall  be taken by the State. Article  3 (3) postulates that the state shall ensure the availability  of institutional  services and  facilities responsible for  the care  or protection  of children, shall conform  with   the  standards   established  by   competent authorities, particularly in the areas of safety, health, in the  number  and  suitability  of  their  self  as  well  as competent supervision.  Article 4  obligates by  appropriate legislative,    administrative     or    other     measures, implementation of  the right  recognised in  the Convention. The State  has undertaken  to implement economic, social and cultural rights,  such measures to the maximum extent of the available resources and where needed within the framework of international co-operation.      Article 6  postulates that State Parties recognise that every child  has the inherent right to life which is already granted by Article 21 of the Constitution of India which has

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been interpreted expansively by this Court to make the right to life meaningful, socially, culturally, economically, even to the  deprived segments  of the  society with  dignity  of person and  in pursuit of happiness. Article 6(2) enjoins to ensure development  of the child and Article 7(2) postulates that the  state shall  ensure implementation of these rights in accordance  with law and their obligations. Article 9 (3) envisages that  the state  shall respect  the right  of  the child who is separated from her parents to maintain personal relations and  contact with  her parents  on regular  basis. Article 14(2)  provides that  the state  shall  respect  the rights and duties of the parents, and when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of  the child. article 17(2)(e) enjoins the state to encourage  the development  of appropriate guidelines for the protection  of the  child from  information and material injurious to  his or her well-bearing in mind the provisions of Articles 13 and 18. Article 18(1) provides that the state shall use  their best  efforts to  ensure recognition of the principle that both parents have common responsibilities for the upbringing  and development  of the  child. Parents  and State have the primary responsibility for the upbringing and development of  the child.  The best  interests of the child will be  their basic  concern. Sub-para  (2) postulates that for promoting  the rights  set  forth  in  this  Convention, parents, legal  guardian or  the State in the performance of their  child-rearing   responsibilities,  shall  ensure  the development of institutions, facilities and services for the care of children.      Article 19(1)  provides that  the State  Parties  shall take all appropriate legislative, administrative, social and educational measures  to protect the child from all forms of physical or  mental violence,  injury or  abuse, neglect  or negligent treatment, mal-treatment or exploitation including sexual abuse,  while in the care of parents, legal guardians or any  other person who has the care of the child. Equally, sub-para (2)  of Article  19 postulates protective measures, as may  be appropriate,  should include  effective procedure for  the   establishment  of  social  programme  to  provide necessary support  for the  child and for those who have the care of  the child  as well as for other forms of prevention etc. Article 20 which is material for the purpose postulates as under:      "1.   A    child   temporarily   or      permanently deprived  of his or her      family environment, or in whose own      best interest  cannot be allowed to      remain in  that environment,  shall      be entitled  to special  protection      and  assistance   provided  by  the      State.      2.   States    Parties   shall   in      accordance with their national laws      ensure alternative  care for such a      child.      3. Such  care could  include, inter      alia, foster  placement, Kafala  or      Islamic  Law,   adoption,   or   if      necessary  placement   in  suitable      institutions  for   the   case   of      children.     When      considering      solutions, due regard shall be paid      to the  desirability of  continuity      in a  child’s upbringing and to the

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    child’s ethic,  religious  cultural      and linguistic background."      Article  28  recognises  the  right  of  the  child  to education  and   with  a   view  of   achieving  this  right progressively and  on the  basis of  equal opportunity,  the state  shall  in  particular:  (a)  make  primary  education compulsory and  available free  to all;  (b)  encourage  the development  of  different  forms  of  secondary  education, including  general   and  vocational  education,  make  them available and accessible to every child and take appropriate measures such  as the  introduction of  free  education  and offering financial  assistance in  case of  need;  (c)  make higher education  accessible to all on the basis of capacity by  every   appropriate  means;  (d)  make  educational  and vocational information and guidance available and accessible to all  children; and (e) take measures to encourage regular attendance at  schools and  the reduction of drop-out rates. Article 29  envisages that  the State Parties agree that the education of  the  child  shall  be  directed  to:  (a)  the development of  the child’s  personality, talents and mental and physical  abilities to  their fullest potential; (b) the development of  respect for  human  rights  and  fundamental freedoms and  for the principles enshrined in the Charter of the United  Nations; (c)  the development of respect for the child’s parents, his or her own cultural identity, languages and values,  for the national values of the country in which the child  is living,  the country  from which he or she may originate, and  for civilizations  different from his or her own; (d)  the preparation  of the child for responsible life in a  free society,  in the  spirit of understanding, peace, tolerance, equality  of  sexes,  and  friendship  among  all peoples, ethnic,  national and  religious groups and persons of indigenous origin; and (e) the development of respect for the natural environment.      Article 32  recognises the  right of  the child  to  be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education  or to be harmful to the child’s health or physical, mental,  spiritual, moral  or social  development. Articles 34,  36 and  37(a) are equally relevant and read as under:      "34.  State  Parties  undertake  to      protect the child from all forms of      sexual  exploitation   and   sexual      abuse. For  these purposes,  States      Parties shall  in  particular  take      all appropriate national, bilateral      and   multilateral    measures   to      prevent:      (a) the inducement or coercion of a      child to  engage  in  any  unlawful      sexual activity;      (b)   the   exploitative   use   of      children in  prostitution or  other      unlawful sexual practices;      (c)   the   exploitative   use   of      children      in       pornographic      performances and materials.      36. State Parties shall protect the      child against  all other  forms  of      exploitation  prejudicial   to  any      aspects of the child’s welfare.      37.  State   Parties  shall  ensure      that:      (a) No  child shall be subjected to

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    torture or  other cruel, inhuman or      degrading treatment  or punishment.      Neither capital punishment for life      imprisonment without possibility of      release  shall   be   imposed   for      offences committed by persons below      18 years of age;"      Article  8   of  the   Declaration  on   the  Right  to Development provides  that the  State shall undertake at the national level,  all necessary  measures for the realisation of the  right to  development and  shall ensure, inter alia, equality of  opportunity for  all in  their access  to basic resources,  education,   health  services,   food,  housing, employment and  the fair  distribution of  income. Effective measures should  be undertaken  to ensure that women have an active role in the development process. Appropriate economic and social  reforms should  be carried  out with  a view  to eradicating all social injuries.      The Convention  on the  Elimination  of  All  Forms  of Discrimination Against  Women, 1979  enjoins by  Article  1, prohibition of discrimination of women. Article 5 enjoins to modify social  and patterns of conduct of men and women with a view  to achieving elimination of prejudices and customary and all  other practices  which are based on the idea of the inferiority  or   the  superiority   of  the   sexes  or  on stereotyped roles  for men  and women. Article 12 prescribes discrimination against  women in the field of health care in order to  ensure on  the basis of equality of men and women, access to  health care  services, including those related to family planning.  Article 13  prescribes discrimination  and directs   that    the   State    Parties   shall   eliminate discrimination against  women in other areas of economic and social life  in order  to ensure on the basis of equality of men and  women, the same rights, in particular, the right to family benefits,  the right  to participate  in recreational activities, sports and all aspects of cultural life. Article 16(d) enjoins  the State  to ensure on the basis of equality of men  and women,  the same  rights and  responsibility  as parties, irrespective  of their  martial status,  in matters relating to  their children;  in all  cases the interests of the children shall be paramount. In Madhu Kishwar & Ors. vs. State of  Bihar &  Ors.  [(1996)  5  SCC  125],  this  Court considered  the   provisions  of   the  Conviction   on  the Elimination of  All Forms  of Discrimination  Against Women, 1979 (CEDAW)  and held the same to be integral scheme of the Fundamental Rights  and the  Directive  Principles.  Article 2(e) of CEDAW enjoins the State Parties to breathe life into the dry bones of the Constitution, international Conventions and the  Protection of  Human Rights Act, to prevent gender- based  discrimination   and  to  effectuate  right  to  life including  empowerment  of  economic,  social  and  cultural rights. Article 2(f) read with Articles 3, 14, and 15 of the CEDAW  embodies  concomitant  right  to  development  as  an integral scheme  of the  Indian constitution  and the  Human Rights Act  charges the  National Commission  with  duty  to ensure proper  implementation as  well  as  preventation  of violation of human rights and fundamental freedoms. Human Rights are derived from the dignity and worth inherent in the  human person.  Human rights  and fundamental freedom have been  reiterated by  the Universal Declaration of Human Rights. Democracy,  development and respect for human rights and fundamental  freedoms are interdependent and have mutual reinforcement. The  human rights  for women,  including girl child are,  therefore, inalienable, integral and indivisible part of  universal human  rights. The  full  development  of

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personality and fundamental freedoms and equal participation by women  in political,  social, economic  and cultural life are concomitants for national development, social and family stability and  growth - cultural, social and economical. All forms of  discrimination on ground of gender is violative of fundamental freedoms  and human rights. It would, therefore, be imperative  to take  all steps  to prohibit prostitution. Eradication of  prostitution in  any  form  is  integral  to social weal  and glory  of womenhood.  Right of the child to development hinges upon elimination of prostitution. Success lies upon effective measures to eradicate root and branch of prostitution.      Section 2  (a) of the Immoral Traffic (Prevention) Act, 1956 (for  short, the  ‘ITP Act’)  defines ‘brothel’ to mean any house,  room, conveyance  or place or any portion of any house, room,  conveyance or  place which is used for purpose of sexual  exploitation or  abuse, for  the gain  of another person or  for the  mutual gain  of two or more prostitutes. The essential  ingredient, therefore,  is a place being used for the  purpose of sexual exploitation or abuse. The phrase ‘for the purpose of’ indicates that the place being used for the purpose  of the prostitution may be a brothel provided a person uses the place and ask for girls, where the person is shown girls  to select  from and  where one  does engage  or offer her  body for promiscuous sexual intercourse for hire. In order  to establish  prostitution, evidence  of more than one customer  is not always necessary. All that is essential to prove  is that a girl/lad should be a person offering her body for  promiscuous sexual  intercourse for  hire.  Sexual intercourse is not an essential ingredient. The inference of prostitution  would  be  drawn  from  diverse  circumstances established in  a case.  Sexuality has got to be established but that  does not  require the  evidence of  more than  one customer and  no evidence  of actual  intercourse should  be adduced or  proved. It is not necessary that there should be repeated visits  by persons  to the place for the purpose of prostitution. A single instance coupled with the surrounding circumstances may  be sufficient to establish that the place is being  used as  a brothel  and the  person alleged was so keeping it.  The prosecution  has to  prove only  that in  a premises a  female indulges  in the act of offering her body for  promiscuous  sexual  intercourse  for  hire.  On  proof thereof, it becomes a brothel.      The Juvenile  Justices Act,  1986 (for  short, the  ‘JJ Act’) was  enacted to  provide  for  the  care,  protection, treatment, development  and rehabilitation  of neglected  or delinquent  juveniles  and  for  the  adjudication  of  such matters relating to disposition of delinquent juveniles. The pre-existing law  was found  inadequate to  tie over  social knowledge, instrument,  delinquency or  improvement  of  the child. The  Act sought  to achieve a uniform legal framework for juvenile  justice in  the country  as a  whole so  as to ensure that no child, in any circumstance, is lodged in jail and police  lock-up. This  is being  ensured by establishing Juvenile  Welfare   Boards  and   Juvenile  courts  to  deal adequately  with   the  subject.  The  object  of  the  Act, therefore, is  to provide  specialised approach  towards the delinquent or  neglected juvenile  to prevent  recurrence of juvenile delinquency  in its  full range keeping in view the developmental needs  of the  child found in the situation of social maladjustment.  That aims  is secured by establishing observation  homes,   juvenile  houses,  juvenile  homes  or neglected juvenile  and  special  homes  for  delinquent  or neglected juveniles. The JJ Act is consistent with the right of the  child to  development;  the  established  norms  and

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standards for  the administration  of juvenile  justice  and special mode of investigation, prosecution, adjudication and disposition of  the juvenile.  The JJ Act provides for care, treatment  and   rehabilitation  by  developing  appropriate linkage and  co-operation between  formal system of juvenile justice and voluntary agencies engaged in the welfare of the neglected or socially mal-adjusted children; it specifically defines the  areas of the responsibilities etc. Section 2(a) defines ‘begging’.  Section 2(b)  defines ‘Board’  to  means Juvenile Welfare  Board constituted  under Section  4. Terms ‘Brothel’, ‘prostitute’,  ‘prostitution’ and  ‘public place’ have  been   adopted  as  defined  in  ITP  Act.  ‘Competent authority’ or  ‘Juvenile court’  as  the  case  may  be,  is defined  under  Section  2(d).  Section  2(f)  defines  ‘fit person’  or   ‘fit  institution’   to  mean  any  person  or institution (not  being a  police station or jail) found fit by the  competent authority  to receive  and take  care of a juvenile entrusted  to his or its care and protection on the terms and  conditions specified  by the competent authority. ‘Guardian’ in  relation to a juvenile has been defined under Section 2(g). ‘Juvenile’ has been defined under Section 2(h) to mean  a boy who has not attained the age of sixteen years or a  girl who  has not  attained the age of eighteen years. ‘Juvenile Court’  and ‘Juvenile  Home’ have  been defined in Section 1(i)  and 2(j)  respectively.  ‘Neglected  juvenile’ which is  more relevant  for the  purpose of  this case, has been defined  in Section  2(1) to mean a juvenile who (i) is found begging;  or (ii)  is found without having any home or settled place  of abode  and without any ostensible means of subsistence and is destitute; (iii) has a parent or guardian who is  unfit or  incapacitated to exercise control over the juvenile; or (iv) lives in a brothel or with a prostitute or frequently goes  to  any  place  used  for  the  purpose  of prostitution, or is found to associate with any prostitution or any  other  person  who  leads  an  immoral,  drunken  or depraved life; (v) who is being or is likely to be abused or exploited for  immoral or illegal purposes or unconscionable gain. ‘Prostitution’  means the sexual exploitation or abuse of  persons  for  commercial  purposes  and  the  expression ‘prostitute’ shall  be construed  as  it  is  defined  under Section 2(f) of ITP Act. After the amendment to the ITP Act, ‘prostitution’ means  sexual exploitation or abuse of person for commercial purpose.      Therefore, prostitution  is not confined, as in the ITP Act, to  offering of  the body  to a  person for promiscuous sexual intercourse.  Normally, the word ‘prostitution’ means an act  of promiscuous  sexual intercourse for hire or offer or agreement  to perform an act of sexual intercourse or any unlawful sexual  act for  hire as was the connotation of the Act. It has been brought within its frame, by amendment, the act of  a female and exploitation of her person by an act or process of exploitation for commercial purpose making use of or working  up for  exploitation of  the person of the women taking unjust  and unlawful  advantage of  trapped women for one’s benefit  or sexual intercourse. The word ‘abuse’ has a very wide meaning everything which is contrary to good order established by  usage amounts  to abuse.  Physical or mental mal-treatment also  is an abuse. An injury to genital organs in an  attempt of  sexual intercourse also amounts to sexual abuse. Any  injury to  private parts  of a  girl constitutes abuse under  the JJ  Act. ‘Public  place’ a  means any place intended for  use  by,  or  accessible  to  the  public  and includes any  public conveyance. It is not necessary that it must be  public property.  Even if it is a private property, it is sufficient that the place is accessible to the public.

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It must  be a  place to  which public,  in fact,  resorts or frequents.      The Probation Officer is kept in-charge for enforcement of the  provisions of the Act. Section 4 of the JJ Act deals with ‘Juvenile  Welfare Boards’  under  Chapter  III  titled ‘Competent Authority  and  Institutions  for  Juvenile’.  It postulates   that   the   State   Government   by   official notification may  constitute for  any area  specified in the notification,  one  or  more  Juvenile  Welfare  Boards  for exercising the  powers and  discharging the duties conferred or imposed  on such Board in relation to neglected Juveniles under the JJ Act. The powers of the Juvenile Courts, defined in Section  5, have  been reiterated in Section 7. Section 9 deals with ‘Juvenile homes’. It enjoins the State Government to establish  and maintain  as many juvenile homes as may be necessary for the reception of neglected juveniles under the JJ Act. Every juvenile home to which a neglected juvenile is sent under  the JJ  Act shall  not only provide the juvenile with   accommodation,   maintenance   and   facilities   for education, vocational  training and rehabilitation, but also to provide  him with  facilities for  the development of his character and  abilities and give him necessary training for protecting himself  against moral danger or exploitation and shall also perform such other functions as may be prescribed to  ensure   all-round  growth   and  development   of   his personality. Sections  10 and  11 deal with establishment of special  or  observation  homes  for  delinquent  juveniles, details of  which needs  no elaboration.  Section 12 touches upon the need for After-care organisations. Under Section 13 in Chapter III, if any police officer or any other person or organisation authorised  by the  State  Government  in  this behalf, by  general or  special order,  is of opinion that a person is  apparently  a  neglected  juvenile,  such  police officer or  other person  or organisation may take change of that  person   for  bringing   him  before   a   Board   for rehabilitation, care and protection of the child. Section 14 deals with  special procedure  to be followed when neglected juvenile has parents. Section 15 regulates inquiry regarding the  neglected  juvenile,  the  details  of  which  are  not material. The  question, therefore,  is: what  procedure  is efficacious to  prevent prostitution, bring the fallen women and their  children into  the social  mainstream  by  giving care, protection and rehabilitation?      Three Cs,  viz., counselling, cajoling and coersion are necessary to  effectively enforce  the provisions of ITP Act and JJ  Act. By  Order dated  May 2, 1990, this Court, after hearing the  counsel, passed  an order to set up an Advisory Committee  to   make  suggestions   for  eradicating   child prostitution and  to point  out social aspects for the care, protection, treatment, development and rehabilitation of the young victims, children and girls prostitutes from red light area and  get them  free from the abuses of prostitution; to amend the  existing law or enact a new law, if so warranted; to prevent  sexual exploitation  of  children  and  to  take various measures  for effective  enforcement thereof.  It is seen that  the Committee constituted by this Court under the chairmanship of  Shri V.C. Mahajan travelled far and wide to have a  look into the field of operation of the governmental agencies  and   has  suggested   nodal  programme   for  the eradication  of  the  twin  facets  of  prostitution,  viz., protection, care  and rehabilitation of the fallen women and neglected juveniles.  The  Committee  has  opined  that  the problem of  child prostitution  does not stand by itself and is a  component of  overall phenomenon  in the  country.  It highly concentrates on identified red light areas as well as

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on areas  which are  not so  clearly identified.  Though the problem of prostitution is mainly found in large cities, but in the  urban areas  and some rural areas, the problem gives frequent recurrence.  Among  the  fallen  women,  the  child prostitutes constitute  major bulk  of the  component. Child prostitutes constitute 12 to 15% of prostitutes in any area. On account  of the  social sanctions, women are exploited by the monstrous  customs of  Devdasis, Jogins and Venkatans is known by  other names in different parts of the country. The unfounded social  and  religion  based  sanctions  are  only camouflage; their  real motive is to exploit the unfortunate women. Most  of them  belong either  to Scheduled  Castes or Backward  Classes   coming  from   socio-economically  lower groups. They  are prevalent highly in Karnataka, Maharashtra and Andhra  Pradesh. The  specific areas in major cities are identified as red light areas as well as some semi-urban but rural areas.  The number of red light areas having increased in recent  times, brothel  based prostitution is on the vane but there  is an increasing trend towards decentralised mode of prostitution.  86% of  the fallen  women hail from Andhra Pradesh,  Karnataka,   Tamil  Nadu,   West  Bengal,   Bihar, Maharashtra, Uttar  Pradesh,  Assam,  Gujarat,  Goa,  Madhya Pradesh, Kerala,  Meghalaya, Orissa,  Punjab, Rajasthan  and Delhi, Delhi receives prostitutes from about 70 districts in the country;  Bombay from  40 districts;  Bangalore from  70 districts; Calcutta  from 11  districts,  Hyderabad  from  3 districts etc.  There is  growing evidence  that the minimum number  of   prostitutes  get   into  flesh   trade   either voluntarily or  by organised  gangster force women and girls by offering  rosy future  to innocent  fallen women and trap them often with the connivance of the police.      The  Committee   has  also   identified  ten  types  of prostitutes  like  Street  walkers,  religious  prostitutes, prostitutes in brothel, singing and dancing girls, bar nude, massage parlour and some are call girls. Comprehensive study conducted by  another Committee  in six metropolitan cities, viz.,  Delhi,   Bombay,  Calcutta,   Madras,  Hyderabad  and Bangalore, reveals the age group of the prostitutes below 20 years of age are 75%, 21 to 30 years are 40%, 30 to 35 years are 18%  and above  35 years  12%. At  the time of induction into the  prostitution, 9%  are below 15 years; 249% between 16 to  13 years, 27.7% between 19 to 21 years; and 32.9% are above 22  years. At the time of entry, therefore, 15% of the fallen girls  are in  the category  of neglected  juveniles, about 25%  are minors  between the  age group  of 16  to  18 years. The  major reasons  for induction of prostitution are poverty   and    unemployment   or   lack   of   appropriate rehabilitation etc.  All abhore  social stigma;  16% due  to family tradition and 9% due to illiteracy. 94.6% prostitutes are Indians  while 2.6%  are Nepalis and 2.7% are Bangladesh is. 84.36% are Hindus;  are Muslims and 3.5% are Christians. In  terms   of  caste   classification,  Dalits  and  Tribes constitute 36%,  Other Backward  Classes 24% and others 40%. In terms  of martial  status, only  10.6% of the prostitutes are married;  34.4% are  unmarried and 54.2% are divorcee or widows. In  terms  of  education  level;  70%  of  them  are illiterates while  4% only  are literates.  Only 24%  of the prostitutes are  educated at  primary  and  secondary  level while   1.4%    have   higher   qualifications.   Therefore, prostitution  is  primarily  due  to  ignorance  illiteracy, coercive trapping  or scare of social stigma. In India, they enter into  the prostitution  between the  age of  16 to  19 years and  lose market  by the  time they became 35 years of age. Thereafter  such  persons  either  manage  brothels  or develop contact with high leads. Recent trend is that ladies

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from  higher   levels  of  income  are  initiated  into  the prostitution  to  sustain  sufficient  day-to-day  luxurious style of  life so  as to  ensure continuous economic support for their well-being.      The Mahajan  Committee report  indicates  that  in  two villages in  Bihar and  some village in West Bengal, parents send their  girl children  to earn  in prostitution  and the girls in  turn send  their earnings for maintenance of their families.  It   further  indicates   that   certain   social organisations have  identified the  poverty as the cause for sending the  children for  prostitution  in  expectation  of regular remittance  of income from prostitution by the girls who have  already gone  into the  brothels. It  is  also  an inevitable consequence  that over years the fallen women are accustomed to certain life-style and in terms of expenditure they need  certain amount  of money  for  their  upkeep  and maintenance. When  they bear children, it becomes additional burden for  them. They  are led or cought in the debt traps. The managers  of the  brothel are  generally ladies. They do not allow  the girls  to bear  children. In  case  of  birth against their  wishes,  the  unfortunate  are  subjected  to cruelty in  diverse forms. In the process of maintaining the children, again  they land themselves in perpetually growing burden of  debt without  any  scope  to  get  out  from  the bondage. Thereby, this process lends perpetuality to slavery to the  wile of  prostitution. To support their children for education etc.  44% of  them desire  to leave  the red light traps and  43% of them express their despondence languishing between hope  and despair.  Most of those who want to leave, have  given   the  reasons   to  save   their  children  for prostitution and  protection of  the future  their children, fear of  contacting the venerial diseases, the fear of their children following  the path; some of them expressed dislike the profession, social stigma and their yearning is to start new life.  Those who  want to  remain in  prostitution  have given absence of alternatives source of income, their social non-acceptability, family  customs, poverty,  ill-health and their despondence  as the  reasons and,  thus, they  want to continue in  the prostitution  as the  last resort for their livelihood. They do not like to remain in red light area and the profession  but lack of alternative source of livelihood is the prime cause of their continuation in the profession.      If alternatives  are available  and society is inclined to receive  them, they  will gladly  shed off their past and start with  a clean  slate as  a fresh  lease of  life  with renewed vigorous  hope and aspiration to live a normal life, with  dignity   of  person;  respect  for  the  personality, equality of  status; crave  for fraternity and acceptability in the  social mainstream. Therefore, it would be imperative to provide  a permanent  cure to  the malady. There would be transition from  the liberation  from  the  prostitution  to start with  fresh lease of life. This period should be taken care of  by providing  behavioral  corrections  by  constant interaction, counselling,  cajoling and coercion as the last resort for  assurance of  social  acceptability  inculcating faith in  them. An  avenue to  earn  sufficient  income  for rehabilitation rekindles  their resolve  to start with fresh lease of  life, without  which their craving to shed off the past and  to start  with a  new lease of life would remain a distant dream  and a  futile attempt. Therefore, the rubicon has to be bridged between the past and the hope to make them realise their  desire  as  normal  citizenry,  by  providing opportunity and  facilities. Provision  of opportunities and facilities is  input of  the constitutional guarantee to the disadvantaged, deprived  and denied  people.  The  directive

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principles of  the Constitution,  in particular Articles 38, 39, and  all relevant  related Articles  enjoin the State to provide  them   as  impregnable   in  built  right  to  life guaranteed by  Article 21 and equality of opportunities with protective discrimination guaranteed in Article 14 the genus and its  species, Articles  15 and  16 and the Preamble, the arch of  the Constitution  by legislative and administrative measures.      Therefore,  it  is  the  duty  of  the  State  and  all voluntary non-government  organisations and  public spirited persons to  come in  to their  air  to  retrieve  them  from prostitution, rehabilitate  them with a helping hand to lead a life  with  dignity  of  person,  self-employment  through provisions  of   education,  financial   support,  developed marketing facilities  as  some  of  major  avenues  in  this behalf. Marriage  is another object to give them real status in  society.  Acceptance  by  the  family  is  also  another important input  to rekindle  the faith  of self-respect and self-confidence.  Housing,   legal  aid,   free  counselling assistance and  all other  similar  aids  and  services  are meaningful measures  to ensure that unfortunate fallen women do  not   again  fall  into  the  trap  of  red  light  area contaminated with foul atmosphere. Law is a social engineer. The courts are part of the State steering by way of judicial review. Judicial statesmanship is required to help regaining social order  and  stability.  Interpretation  is  effective armoury in  its  bow  to  steer  clear  the  social  malady, economic  reorganisation  as  effective  instruments  remove disunity, and  prevent  frustration  of  the  disadvantaged, deprived and  denied social segments in the efficacy of law, and pragmatic  direction pave way for social stability peace and order. This process sustains faith of the people in rule of law  and the democracy becomes useful means to the common man to  realise his  meaningful right  to life guaranteed by Article 21.      V.C. Mahajan Report States that an organisation by name Prerana, selected  Kamathipura red light area, Bombay, where 14 lanes  are in  the occupation  of  the  Managers  of  the brothels and  has occupation of the Managers of the brothels and has  located a  centre for  counselling.  Therein,  they organise regular  counselling and  service  center  for  the fallen woman and do work for the children. The national plan of action for the girl child in the SAARC Decade of the Girl Child (1991-2000)  was launched as a project for the welfare and development  of the  girl children  including adolescent girls  and   street  children   in  particular.   an  inter- departmental monitoring committee was also set up under this plan in  some of  the red  light areas.  The  provisions  of Integrated Child  Development Services Scheme were extended. A number  of voluntary  agencies have  also been involved in the  care,   rehabilitation   and   advocacy   to   retrieve prostitutes including  child prostitutes. The rehabilitation and welfare organisation is to be initiated.      Women found  in the  flesh trade, should be viewed more as victims  of adverse  socio-economic circumstances  rather than as  offenders in our society. Prostitution in five star hotels is  a license  given to persons from higher echelons. The commercial exploitation of sex may regarded as crime but chose trapped  in custom  oriented prostitution  and  gender printed prostitution  should be  viewed as victims of gender oriented vulnerability.  that could  be arrested by not only law enforcing  agencies  but  by  constant  counselling  and interaction by  the NGOs  impressing upon  them the  need to shed off the path and to start with a new lease of life. The ground realities  should be  tapped with  meaningful  action

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imperatives, apart from the administrative action which aims at arresting  immoral traffic of women under ITP Act through inter-State or  interpol arrangements  and the  nudal agency like the  CBI is  charged to  investigate and  prevent  such crimes.  We  are  concerned  in  this  case  more  with  the rehabilitation aspect  than with  preventation of the crime. Therefore, we  emphasis on the review of the relevant law in this behalf,  effective  implementation  of  the  scheme  to provide  self-employment,  training  in  weaving,  knitting, painting and  other meaningful  programmes  to  provide  the fallen women the regular source of income by self-employment or, after  vocational education,  the appropriate employment generating schemes  in  governmental,  semi-governmental  or private organisations.      The customary  initiation of  women in  the practice of Devadasi, Jogins  and Venkatansins  is prevalent  in  Andhra Pradesh, Karnataka and Maharashtra areas : in particular the practice of  prostitution is  notorious. It is an affront to the human  dignity  and  self-respect  but  the  pursuit  of customary beliefs  traps the  fair sex  into this  glorified self-sacrifice and  ultimately leads to prostitution service in the  temples and  charitable institutions etc. which is a crime  against  humanity,  violation  of  human  rights  and obnoxious to  constitution and  Human Rights  Act. They  are void under  Article 13  of the  Constitution  of  India  and punishable under  the law.  They are   to the Constitutional scheme. Fundamentalists  and proponents  of these  practices are constitutional  criminals. The  unfounded customs cannot ave legal  sanction. On  the other  hand,  penal  enactments provide  for   abolition  thereof.  Instead  of  progressive outlook,  regressive   unfortunate  tendency,  of  late,  is raising its ugly head to glorify these ignominious practices which is  leading not  only to abetment of commission of the crime, but  also misleading  the unfortunated illiterate and weaker sections  of he  society, to be taken in seriously by he later  by their  false promises or false theories such as God’s ordain  which finds  easy acceptance  by the  poor and illiterate and  is acted  upon. Every  right thinking person should  condemn   such  attempts   apart  from   prohibiting initiation of  the nasty  practice wherein  the eldest  girl child in  particular families,  is offered  as  Devadasi  or Jogin or Venkatasin, by whatever local name they are called. They are  making the  lives of  the girl  miserable ;  in he guise of  prosperous future and custom, the girl is detained in prostitution  for no  fault of  her. This is prevalent in particular  six   districts  of  Karnataka,  viz.,  Raichur, Bijapur, Belgaum  Dharwar, Bellary  and Gulbarge where their number is  identified as  21,306. In Andhra Pradesh, in five districts, namely,  Medak, Karimnager,  Nizamabad,  Nalgonda and Warangal,  such girls  are known  as Jogins  As per  the survey conducted  in 1996,  as many  as 16,300  Jogins  were found in  that State.  Similarly in  Maharashtra,  they  are found in  large number,  in particular  in  Marathawada  and Vidarba regions.  The common  features of such women is that predominantly they  are  from  Scheduled  Castes,  Scheduled Tribes and  other backward Classes. The eldest girl in every family is  being offered  as Devadasi,  Jogin or Venkatasin. Sometimes, they  do redeem  the pledge  made to  the Gods or Goddesses, etc. Original families of these Devadasis, Jogins or Venkatasins  were by  and large  poor. They are primarily agricultural   having no  access  to  credit  facilities  or literacy. The  eldest girl  in  each  family  is  driven  to prostitution. The  system has been in existence for years as a result  of lack  of awareness about the exploited segments of the  Devadasis etc.  Many families  which dedicate  their

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girls, do so due to the pursuit of customary practices.      Economic rehabilitation  is one  of  the  factors  that prevent the practice of dedication of the young girls to the prostitution as  Devadasis,  Jogins  or  Venkatasins.  Their economic empowerment  and education gives resistance to such exploitation ; however, economic programmes are necessary to rehabilitate such  victims of customs or practices. They are being rehabilitated  with the  help of  vocational  training centres set  up in Maharashtra giving preferential admission into educational  training institutes  ; they  are  admitted into informal  adult education.  In Maharashtra, educational training  centres   have  been   opened  for  devadasis.  In Karnataka, Devadasi  women have  been assisted  under  DWCRA schemes in  various districts.  in particular  six district, where an  extensive devadasi  rehabilitation programme is in full  force.   The  Karnataka   State  Woman’s   Development Corporation and  the Karnatakie  State Scheduled  Castes and Scheduled Tribe  Development  Corporation  are  implementing this programme  in the  aforesaid six  districts  where  the phenomenon of  devadasi system  is being observed ; training is imparted in hand-weaving, 50% subsidy is given in weaving ; good  work-shed is  given to  them free  of costs ; income assistance like  micro-business enterprises, rope and basket making  etc.  are  being  provided  to  devadasi  woman  for rehabilitating them.  Training in  production of soap, chalk making Khadi  and weaving  activities is  being imparted  in Andhra Pradesh.  Karnataka State  also has taken the lead in forming self-helping  group of  devadasis  ;  a  thrift  and saving programme  is being implemented in some areas. Social Welfare Departments  should undertake  these  rehabilitation programmes for the fallen victims of social practice so that the foul practice is totally eradicated and the fallen women are redeemed  from the plight and are not again trapped into the prostitution. In Andhra Pradesh, the State Government is providing housing  sites or  house  facilities  to  devadasi women ;  they  are  getting  free  treatment  in  hospitals. Devadasi women aged about 60 years and above are being given pension.  In  order  to  improve  literacy,  adult  literacy programmes are  being organised  for them. The NGOs in these three States are playing important role in implementation of various programmes  and they  are largely  concentrating  on generating awareness  among these persons and their economic rehabilitation.  It   would,  therefore,  be  meaningful  if rehabilitation programmes  are launched  and  implementation machinery is set not only to eradicate the fertile source of prostitution but  also for  successful rehabilitation of the fallen women  who are the victims of circumstances to regain their lost  respect to  the dignity  of  person  to  sustain equality of status, economic and their social empowerment.      Children of  the world  are  innocent,  vulnerable  and dependent. They  are all  curious, active  and full of hope. Their life  should  be  full  of  joy  and  peace,  playing, learning and  growing. Their  future  should  be  shaped  in harmony and  co-operation. Their childhood should mature, as they broaden  their perspectives  and gain  new  experience. Abandoning the  children, excluding  good foundation of life for them,  is a  crime against humanity. The children cannot wait till  tomorrow ;  they grow  everyday ; along with them grows their  sense  of  awareness  about  the  surroundings. Tomorrows is  no answer  ; the  goal of  their present care, protection and  rehabilitation is  the need  of the hour. We have already  dealt with  the rights  assured to them by the constitution, he  Directive Principles and the Convention on the Right  of the  Child. The  United Nations Declaration on the Rights  of the  Child made  on November  20,  1959,  has

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formulated and given 10 principles in that behalf. Principle No.1 provides  that he  child shall enjoy all the rights set fourth  in   the  Declaration.  All  children,  without  any exception whatsoever,  shall be  entitled to  these  rights, without distinction  or discrimination  on account  of race, colour, sex, language, religion, political or other opinion, national or  social origin, property, birth or other status, whether himself  or of his family. Principle No.2 postulates that the  child shall enjoy special protection, and shall be given opportunities  and facilities,  by law  and  by  other means  to   enable  him  to  develop  physically,  mentally, morally, spiritually  and socially  in a  healthy and normal manner and  in conditions  of freedom and dignity. Principle No.3 postulates  that the  child shall  be entitled from his birth to  name and  a nationality. Principle No.4 postulates among other  things that  the child shall enjoy the benefits of the  social security.  He shall  be entitled  to grow and develop in  health; to this end, special cafe and protection shall be  provided to  him. Principle No.5 provides that the child who  is physically,  mentally or  socially handicapped shall  be   given  special  treatment,  education  and  care required by that particular condition. This is more relevant for the  purpose of  this case.  Principle 6 postulates that the child  for the  full and  harmonious development  of his personality, needs,  love  and  understanding.  A  child  of tender years shall not, save in exceptional circumstance. be separated  from  his/her  mother.  Society  and  the  public authorities shall have the duty to extend particular care to children without  a family  and to  those  without  adequate means of  support. Payment  of State  and  other  assistance towards the  maintenance of  children of  large families  is desirable.      Principle No.7  provides that  the child is entitled to receive education,  which shall  be free  and compulsory, at least in  the elementary  stages. He/She  shall be  given an education which  will promote  his/her general  culture, and enable him/her  on a  basis of  equal opportunity to develop his/her abilities,  his/her individual judgment, and his/her sense of  moral and  social responsibility  and to  become a useful member  of the  society. The  best interests  of  the child shall  be the  guiding principle  of those responsible for his  education and guidance, that responsibility lies in the first  place with his parents. The child shall have full opportunity  for   play  and  recreation,  which  should  be directed to  the same  purpose as  education ; society ; and the  public  authorities  shall  endeavour  to  promote  the enjoyment of  this right. Principle No.8 postulates that the child shall  in all  circumstances be  among  the  first  to receive protection and relief. Principle 9 is most important in his  behalf which  provides that  the child  important in this behalf which provides that the child shall be protected against all  forms of  neglect, rudely  and exploitation. He shall not  be the subject of traffic, in any form. The child shall not  be admitted  to employment  before an appropriate minimum age  ; he shall in no case be caused or permitted to engage in any occupation or employment which would prejudice his health  or health  or education,  or interfere  with his physical, mental  development.  Principle  No.10  postulates that the  child shall  be protected from practices which may foster   racial,   religious   and   any   other   form   of discrimination. He  shall be  brought  up  in  a  spirit  of understanding, tolerance.  friendship among  peoples,  peace and universal brotherhood and in full consciousness that his energy and  fallates should be devoted to the service of his fellow men.

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(Emphasis supplied)      The Government of India has adopted the National Policy for Children  by Resolution   No.  1-14/74- CDD dated August 22. 1974.  The main  purpose  of  the  policy  is  that  the nation’s children  are a  supremely important  asset.  Their nurture and  solicitude are  our responsibility.  Children/s programme should find a prominent part in our national plans for the development of human resources, so that our children grow up  to become robust citizens, physically fit, mentally alert and  morally healthy,  endorsed with  the  skills  and motivations needed  by he society. They participate in equal measure in  democratic governance  of the  State  as  useful citizens.  Equal   opportunities  for   development  to  all children during the period of growth should be our aim ; for this  we   would  serve   our  larger  purpose  of  reducing inequality and ensuring      Social justice.  To care  for, plan  out needs  of  the children and  successful implementation  is, therefore,  our duty, as  citizen, be  an administrator,  a Magistrate  or a Judge.      Among the  diverse programmes,  Programme No.4 of India for children  postulates that  the children  of  the  weaker sections  of  the  society  needs  special  protection.  The programme of informal education for pre-school children from such sections  will  also  be  taken  up.  Programme  No.  5 postulates that  children who  are not  able  to  take  full advantages of  formal school  education  shall  be  provided other forms  of  education  suited  to  their  requirements. Programme No.  7 directs to ensure equality of opportunity ; special  assistance   shall  be  provided  to  all  children belonging to  the weaker  sections of  the society,  such as children belonging  to the  Scheduled Castes  and  Scheduled Tribes  and  those  belonging  to  the  economically  weaker sections, both  in urban  and rural  areas.  Programme  No.8 envisages that  children who  are socially  handicapped, who have become  delinquent or  have  been  forced  to  take  to begging or  are otherwise  in distress,  shall  be  provided facilities for  education, training  and rehabilitation  and will be  helped to  become useful citizens. Programme No. 10 provides that  no child  under 14  years  of  age  shall  be permitted to  be engaged  in any  hazardous occupation or be made to  undertake heavy  work. Programme  No.11  postulates that facilities  shall be  provided for  special  treatment, education, rehabilitation  and  care  of  children  who  are physically handicapped,  emotionally disturbed  or  mentally retarded. Programme  No.13 provides  that special programmes shall be  formulated to  spot out  and encourage  and assist gifted children,  particularly those belonging to the weaker sections of society. Programme No.14 envisages that existing laws should  be amended  so  that  in  all  legal  disputes, whether between  parents or  institutions, the  interest  of children are  given paramount consideration. Programme No.15 provides that  in organising  services for children, efforts would be  directed to  strengthen family  ties so  that full potentialities of  growth of children are realised within th normal  family,   neighborhood  and  community  environment. Priority sectors  have been  provided  in  this  behalf  and paragraph 4(c)  provides maintenance, education and training of orphan and destitute children. They require special care, education,  training   and  rehabilitation   of  handicapped children  ;   in  clause  (e)  thereof,  role  of  voluntary organisations is  emphasised. Paragraph 6 thereof postulates the Government  shall endeavour  that adequate resources are provided  for   child  welfare  programmes  and  appropriate schemes are undertaken.

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    India has  a tradition  of voluntary action which shall be the  endeavour of  the State  to encourage and strengthen voluntary actions  so that  State and  NGOs complement  each other. Paragraph 7 postulates legislative and administrative action in  that behalf  and paragraph  8 emphasizes people’s participation in implementation of this programme. It would, thus, be  seen that  the constitutional  imperatives of  the national  policy  of  the  children  and  the  international principles for  the  development  of  children  are  of  the paramount  need   an  consideration   is   for   the   child development. The  handicapped children and those from weaker sections are  given  special  attention  by  the  State  and voluntary agencies.      The question,  therefore, is  : what  action is  to  be taken to  rescue, rehabilitate  and bring  the  children  of fallen women  into the mainstream of the society ? As stated earlier,  three   Cs  (CCC)  are  necessary  for  successful implementation, rescue  and rehabilitate the children of the fallen woman  living in  the red  light  area.  Counselling, Cajoling by persuasion and Coercion, as the last resort, are the three Cs for successful implementation of them. 65.5% of the fallen  women have  children and usually they are in the age group  of one  to ten  years. Generally,  they prefer to keep their children away from them while they are in the act of intercourse except those children who are very young. Out of 71%  children of illiterate fallen woman 39% are literate while 58%  of the  total have  had primary  or secondary  or higher education.  They show  keen interest to educate their children. The  children tend to spend their time at study or leisure ;  though girl  children tend to be engaged in house hold jobs  as is  usual among  poorer classes.  The children face the problems mainly due to (i) lack of father figure to provide  security,   care  and   guidance;  (ii)   increased responsibilities of  mother; (iii)  economic hardships; (iv) lack of facilities to meet basic needs; (v) unhealthy social environment; (vi)  nal-nutrition; (vii) coercive attempts by managers of  brothels; (viii)  tauntings, due to dislike, by surrounders;  and   (ix)  lack  of  proper  counselling  and guidance; motivation and opportunity gaps.      Many a prostitute themselves are child prostitutes (for short, the  ‘CP’ ;  they and  the children of he prostitutes (for short,  the COP’) need to be removed from the red light area. Generally,  the police  resort to  IPC and  ITP Act in this behalf  but the forceful rescue of CP of COP in reality is not  successful in  their rehabilitation. In this behalf, it is  necessary to take aid of the definition of "neglected child" defined  in  JJ  Act.  It  is  already  seen  and  is reiterated for  continuity that  ’neglected juvenile’  means one found  in begging  ; or found without having any home or settled place  of abode  and without any ostensible means of subsistence and  is destitute ; or has a parent who is unfit or incapacitated  to exercise control over the juvenile ; or lives in  a brothel  or with a prostitute or frequently goes to any  placed used  for the  purpose of  prostitution or is found to  associate with  any prostitute or any other person who leads  an immoral,  drunken or depraved life ; or who is being or  is likely to be abused or exploited for immoral or illegal purposes  or unconscionable  gain. The  JJ Act makes distinction between  ‘delinquent  juvenile’  and  ‘neglected juvenile’ attributing  to a  delinquent juvenile  an act  or omission punishable  by law  to identify him as a delinquent juvenile. A  neglected juvenile  is one who is of the age of 16 years  in the case of a boy and 18 years in the case of a girl, or  whose parents are unfit because of being living in prostitution, or  the child born to a prostitution becomes a

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neglected juvenile.  A child  brought to  associate  with  a prostitute  or   is  engaged  in  the  prostitution  or  the profession of  prostitution or another juvenile who leads an immoral or  depraved life  or one who is likely to be abused or  exploited   for  immoral   or   illegal   purposes   for unconscionable gain  is also  a juvenile.  The crime  is not attached for  identifying him/her as neglected juvenile ; it is so  in the  case of  a delinquent juvenile under the Act. They are  to be  kept in  the juvenile  home as  a place  of safety.      An institution  established or  certified  by  a  State Government under Section 9 of the JJ Act is a juvenile home. The object  of the  Act is not to punish the juvenile but to rehabilitate  him/her,   be  it  a  delinquent  juvenile  or neglected juvenile.  In  the  latter  case,  it  is  one  of obligations of  the State of provide for care and concern of the State  to establish  a juvenile  home under Section 9 of the JJ  Act. Section  4 of  the JJ  Act enjoins the State to constitute, by a notification, for any area specified in the notification,  one  or  more  Juvenile  Welfare  Boards  for exercise of  the powers and discharging the duties conferred or imposed,  under the  JJ Act, on such Board in relation to neglected juveniles.      The Board  shall consists  of a Chairman and such other members as  the State  Government thinks  fit to appoint, of whom not  less than  one shall be a woman ; and every member shall be  vested with  he powers  of a  Magistrate under the Cr.P.C. The  Board shall  function as a Bench of Magistrates and shall  have the  powers conferred by the Cr.P.C., as the case may  be, on a judicial Magistrate of the first class or Metropolitan Magistrate  in Metropolitan  cities.  Even,  in certain cases,  a delinquent juvenile who commits an offence like begging,  being he  neglected juvenile, is covered as a neglected juvenile  and should  not be treated as delinquent juvenile since  he began  begging due  to destitution or was force to  beg by  organised gangsters.  Therefore,  all  the types of  juveniles defined  within the  ambit of  neglected juvenile, though  attached with certain acts o omission, are punishable under  law, they  still remain  to  be  neglected juvenile and  should be  dealt with by the Welfare Board and be brought  within the  protective umbrella  of the juvenile home established  under Section 9. Establishment of juvenile home, thus,  is a  mandatory duty  of the  State to  provide teeth to  the provisions  of the Constitution, the Directive Principles, the  Convention on  the Right  of the Child read with principles  of United  Nations Declaration and National Policy of  th Government  of India referred to hereinbefore, and are protected by the JJ Act.      Every child  who is  found  to  be  neglected  juvenile should be  dealt by  the Board  and should be brought within the  protective   umbrella  of   the  juvenile   home.   The attribution as  ’neglected children’  is not social stigma ; the purpose  is to  identify the children as juveniles to be dealt with  under the JJ Act which is more a reformative and rehabilitated centre  rather than for punishing the child as criminal ;  and mend  their  behavior  and  conduct.  In  an appropriate  case,  where  the  treatment  of  bringing  the neglected juvenile  into the  national mainstream takes long time, the  definition coupled  with age prescription, should not be  strictly interpreted  to deny the ameliorative care, consideration and rehabilitation of the neglected juveniles. The benefit of reformation, rehabilitation and bringing them into  the   mainstream  after   the  passing   of  the   age prescription under  the  Act,  is  the  goal  sought  to  be achieved. Lest,  it has the effect of throwing the neglected

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juvenile into  the vile  of prostitution or exploitating him for organised  crimes  by  the  organised  gangsters  taking advantage of this immaturity and despondence ; that would be deleterious to  the child’s  development and would widen the deep gap  between hope  and reality  in he  operation of the provisions  hereinbefore  referred  to.  The  definition  of ‘neglected  juvenile’,   therefore,  should  be  interpreted broadly which  is an  important function  for the purpose of identifying  the  groups  of  children  who  need  care  and attention   and   protection   for   rehabilitation.   Their withdrawal from  the protective umbrella of the JJ Act foils the goals  set out  ; besides  all  measures  to  bring  the neglected juvenile  into the mainstream of the social status end up in failure and frustration.      Even  if   the  economic  capacity  of  the  mother  of neglected juvenile  in the  red light area to educate and to bring him  up would not relieve the child from social trauma ; it  would always be adverse to keep the neglected juvenile in the  custody of the mother or the manager of he brothel ; thus, the  child prostitute  is usage and insecure. So, they should be  rescued, cared  for and  rehabilitated. As stated earlier, the  three C’s,  namely, counselling,  cajoling and coercion of the fallen women to part with the child or child prostitute herself  from the  manager of the brothel is more effective, efficacious  and meaningful  method to rescue the child prostitute  or  the  neglected  juvenile.  The  income criteria, therefore, is not a factor not to rescue the child prostitute or the neglected juvenile for rehabilitation.      It is of necessity to remember that the arms of law are long enough  to mould  the law  to operate on the even keel. The coersive power with the law enforcement agency to rescue the child  prostitute or  the neglected  juvenile,  may  not necessarily end  up as  a successful means. It would be last resort when all avenues fail. On the other hand, involvement of the  non-governmental organisations  in particular  women organisations which are more resourceful for counselling and cautioning, would  make deep dent into the thinking mould of the fallen  victims and  would be  a source  of success  for their  retrieval   from  the  prostitution  or  sending  the neglected  juvenile   to  the  juvenile  homes  for  initial treatment, psychologically  and  mentally,  and  will  yield place to  voluntariness to  surrender  guardianship  of  the child prostitute  or neglected juvenile to the Welfare Board or to  the NGOs to take custody of a child prostitute or the neglected juvenile for, care, protection and rehabilitation.      The V.C.  Mahajan  Committee  report  states  that  the resort to  Sections 14  and  17  of  JJ  Act  has  met  with resistance  by   the  mothers  and  in  the  case  of  child prostitute, by  the managers  of the  brothels. The coercive method adopted  on one occasion by the Delhi Police pursuant to a  complaint under  Section 13  of the  JJ Ac on March 7, 1990, led to frustration of the entire operation, when on an early morning, the prostitutes were taken by surprise by tap on the  doors and  children were taken by surprise by tap on he doors  and children  were  taken  into  custody,  on  the pretext of being examined by the doctors. Total 450 juvenile were taken  into custody  but no  prior arrangement was made with the  doctors for  their examination.  The children were not given  custody immediately. The children were taken into custody; 112  children below  16  years  were  kept  in  the custody of  the police. Their examination went on upto March 23, 1990  by  which  time,  the  agitated  mothers  and  the managers of  th  brothels  resorted  to  pressure  technics. Ultimately, it  all ended  in a fiasco. All were released by managers of juvenile home. This would indicate apathy on the

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part of  police in  proper implementation  and lack of prior planning, understanding and concerted action between the law enforcement agency, the NGOs and public spirited persons and doctors. Instead of doing good, it does harm. It, therefore, gives a stark lesson that until proper arrangements are made and concerted  action taken  ad hoc  attempt to  enforce law results in defeat of the purpose of the JJ Act. On the other hand, if  the NGOs  in particular  women members of the NGOs pursue and  counsel the  mothers of the children or managers of child prostitutes to have them into custody and if proper care and treatment is given, rehabilitation is the sure road to the  successful results  ; it  would be  a success rather than frustration  of the  enforcement of  the JJ Act. It is, therefore, clear  imperative that  proper planning, constant counselling and persuation are the appropriate means, rather than abrupt  to ad hoc coercive steps, unless it becomes the last resort, for successful enforcement of the scheme.      The question  than is  :  what  is  the  proper  method required to  rehabilitate the  neglected juvenile  or  child prostitute taken  into custody under the JJ Act for enduring results ?  It is  rather unfortunate that the juvenile homes established  and   being  run   by  h   Government  are  not effectively been managed and YIELDING expected results. They become ornament  for the  statistical purpose  defeating the constitutional  objectives   and  international  Conventions which are  part of  the municipal  law. This Court on May 2, 1990 had  directed the  enforcement agencies  to  bring  the prostitute, neglected  juveniles for  the rehabilitation  in the juvenile  homes manned  by well  qualified  and  trained social workers.  The child  prostitutes rescued from the red light areas  should be shifted into the juvenile homes. They should ensure their protection in the homes. The officers in charge of  the juvenile  homes, the welfare officers and the probation  officers  should  coordinate  the  operation  and enforce it successfully. They should be made responsible for the protection  of the  child prostitutes  or the  neglected juveniles kept  in  the  juvenile  homes  for  psychological treatment in  the first  instance relieving  them  from  the trauma under  which they  were subjected  to  while  in  the brothels and red light areas. The special police authorities should be  established to coordinate with the social welfare officers  of   the  State  Government  and  public  spirited persons, NGOs  locally available,  and see that the juvenile homes are  entrusted to  efficient and effective management, the child  prostitutes or  neglected juveniles  are properly protected and  psychologically treated,  education  imparted and rehabilitation  succeeded. They  should also be provided with  proper   accommodation  maintenance   facilities   for education and other rehabilitation facilities.      V.C. Mahajan  Committee’s report  specifies at  page 31 that since its inception till November 1989, 102 boys and 34 girls were  admitted by  a  responsible  institute,  a  non- statutory body  in Pune  run on  voluntary basis  to  impart education to the destitute children in general and neglected juveniles and  child prostitutes  in  particular,  with  all facilities ;  it is  run  by  Bal  Sangopan  Centre  run  by Shreemant Dagausheth  Halwai Ganpat  Trust which  gets funds from the  Ministry of Welfare, Government of India under the scheme for  children in need of care and protection. Similar homes are  also being  run for  75 children  at Kolhapur and Bombay. As  policy, the  Trust does  not keep girls above 12 years in  the institute.  On the  other hand, it has tied up with Hinge  Stree Sikshan  Sangthan at Pune for placement of the girls  above 12  years into  their custody but the Trust continues to  be the  parent institution,  paying their fees

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and holding  the overall  responsibility  to  bring  up  the holding the  overall responsibility  to bring  up the  girls above 12  years. The report also states that the mothers are allowed to  visit the  children once in a month and they are allowed to  take them home for brief spells during festivals and other  special occasions.  There is another institution, viz., ‘Nihar’  run by  ‘Vanchit Vikas’ institute at Pune. It is founded  on the  basis of the felt needs of the neglected juvenile. Social  workers of Pune Corporation cooperate with them.  There   are  special   health  reforms  available  to prostitutes, the workers come into frequent contact with the prostitute mothers  and their  children. Gradually, they are getting acquainted  with  the  situation  and  awareness  is generated of  the disadvantages  to keep  the children  with them while  remaining in  red  light  area.  The  motivation yielded positive  results in  helping the  children  rescued from the  mothers and  their  placement  in  the  home.  The institute is  run through  donation. It is being run for the past 15  years. Much  progress has been made in the struggle to rehabilitate the neglected juveniles. There in, they have established a  school for  25 children  being used  in  that ‘Nihar’. Most  of the  children are in the age group of 5 to 10 years.  They take  only female  children with  the female staff to  attend to  the needs  of the children. Their basic requirements of food, clothing and shelter are taken care of by ‘Nihar. Health, education and overall development is also taken care  of. The  children are  enrolled in Zila Parishad Schools. Residential  staff help  them to  take them  to the schools and  bring them  home. On  Saturdays, teachers spend their time  in ‘Nihar’ teaching music and playing games with the children.  On Sundays, teachers come from Pune and spend time with  the children  and keep them in their studies. The mothers of  the children  visit once in studies. The mothers of the  children visit  once in a month. The management does not allow  the mothers to take the children except for short duration. The  prostitute mothers  themselves have  realised the  advantage   to  keep  their  children  away  from  vile environment and are happy with educational progress of their children.  Similarly,   "Devadasi  Niradhar   Mukti  Kendra, Ganghiganj" is  running a  centre by  name "Devadasi Chhatra Vasti Graha"  at Pune from October 1986. It is a residential institution for  the children  of the Devadasis. 80% of them are the Devadasi children while 20% are children from socio- economic backward  classes. Funds  for this  institution are granted by  the Department  of Social Welfare, Government of Maharashtra. It has o its roll, 75 boys and girls. As on the date of  the visit by the Committee on July 7, 1990, 57 boys and 8  girls (total 65) were found in the institute. Similar institutions are  being run elsewhere ; the details of which are not material. They have been elaborated in the Report of V.C. Mahajan Committee.      The above  facts do indicate that the NGOs are actively involved in  the field  of rehabilitating  and educating the children of  the fallen  women as  neglected  juveniles  not brought within  the net  of JJ  Act. The  mothers have their legitimate aspirations  to bring  their  children  into  the mainstream of  the nation.  What needs to be done is proper, efficient  and  effective  coordination  and  management  in particular entrustment  to the NGOs which would yield better results than  the  management  solely  by  the  Governmental agencies. The  motivation by  the NGOs  makes a  deeper dent into the mind of the prostitute mothers or child prostitutes to retrieve  them from  the flesh trade and rehabilitate the children  as  useful  citizens  in  the  mainstream  of  the society. V.C.  Mahajan Committee  has given  details of  the

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Child Development  and Care  Centres (for short, the ‘CDCC’) in Annexure  IV to  the Report. It states how the management needs to be done, as under : CHILD DEVELOPMENT AND CARE CENTRES (for brevity CDCC) (A scheme for Children of Prostitutes & Children Associating with Prostitutes and Prostitution)      Various  factors   have  led  to  the  perpetuation  of prostitution which  in turn has given rise to a large nature of work,  status, income,  etc.  often  leave  the  children wanting in attention and care for their overall development. However, it  is not  enough to perceive them as more victims of neglect.  Their cause  has to be taken up to prevent them from taking  to prostitution  or its  promotion and  curbing their  proneness   to  delinquency.   It  is  believed  that children’s  energies   Development  and   Care  Centres  are envisaged to  provide Localised  services through  which the larger interests  of these children can be attended to. Such Centres are to be situated in i)   the vicinity of redlight areas ii)  the vicinity  of other  areas identified  as  having  a      concentration of prostitutes iii) those  areas   where  there   is  a   concentration  of      communities among  whom prostitution is the traditional      occupation of the women and girls. These Centres  will be  run by  voluntary organisation  with government fund  and have Advisory and Monitering Committees at Central, State and Local levels.                     (Emphasis supplied) OBJECTIVES The scheme would i)   provide welfare and developmental services for children      of prostitutes  and  other  children  associating  with      prostitutes and  prostitution by  making them  socially      productive beings ; ii)  try to  wean  them  away  from  their  surroundings  by      referring them  to suitable residential institutions as      and when necessary ; iii) try to reach out to he mothers (through their children)      and counsel  them on  different issues related to their      personal lives,  their  occupational  lives  and  their      children ; and iv)  operate   as    an   information    dissemination   and      conscientious point,  particularly for  the higher  age      group (12 - 18 years). Services/Facilities Keeping in view the total care and development of the child, the following services/facilities would be provided. i)      crech (day and night) ii)      pre-school education     The objective of pre-         (Balwad)                  school education, besides                                   the physical emotional                                   and social development of                                   the children, is to                                   prepare them mentally to                                   attend formal schools in                                   future. This, it is                                   hoped will increase the                                   enrolment in schools. iii)    non-formal education/         functional literacy iv)     counselling (personal         and career) v)      nutrional inputs vi)     health care vii)    library

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viii)   toy-bank ix)     recreation x)      skill development xii)    ‘save for the child’     Mothers are anticipated         scheme                   to be spending Rs.100/-                                  (at least) per child per                                  month when the child                                  stays with her. When the                                  child is placed in the                                  custody of a residential                                  institution, she no longer                                  has to spend on the                                  child. she should,                                  therefore, start an                                  account in the name of                                  the child in any                                  nationalised bank and                                  deposit Rs.100/- every                                  month. If at the end of                                  one year it is found that                                  she has been regular in                                  depositing the amount,                                  the CDCC will start                                  contributing an equal                                  share. By the time the                                  child is out of the                                  institution he/she will                                  have some immediate                                  financial support. Note :  Suggestion by the Court  : The Government of India                                    should extend the Thrift                                    Scheme of Women for these                                    fallen women as well. xiii)   after school educational    help the children         help                        complete their homework                                     and prepare lessons for                                     schools. Teachers would                                     also help them with any                                     difficulties faced in                                     school. By this measure,                                     the rate of school                                     dropout can be checked. Suggestion and Directions of the Court :                      Special coaching should                                     be arranged for these                                     children. xiv) de-institutionalised          Some of the mothers may      help                          be agreeable to part with                                    their children or have                                    different priorities for                                    the children. Money may                                    not be their problem. In                                    such cases the CDCC may                                    enlist their children as                                    recipients of de-                                    institutionalised care                                    services. It would                                    ensure that the minimum                                    needs of the child are                                    met by the mother and                                    his/her development is in                                    no way impeded. It would                                    be binding on the mother                                    to provide the child with                                    the basic minimum

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                                 facilities for the child’s                                   overall growth and                                   development. This would                                   be means of getting the                                   mother to provide for the                                   child instead of                                   institutionalising                                   him/her . Here, in the                                   process, the CDCC would                                   operate as a catalytic                                   and monitoring agency.                                   The CDCC will also follow                                   up the cases of those                                   children whose mothers                                   are placed in Protective                                   Homes. In case they are                                   endangered in any way by                                  separation form mother,                                  the CDCC will adopt                                  necessary steps to help                                  them.                                  The CDCC would be paid a                                  nominal sum for its                                  services and also for                                  spending onsome of the                                  items required by the                                  child for its growth, in                                  case the mother is unable                                  to meet such expenditure.                                  The mother will be liable                                  to make regular reports                                  to the CDCC to facilitate                                  its monitoring function. Suggestion and Directions of the Court :                   All necessary funds                                  should be provided by the                                  appropriate Government,                                  i.e., either the Central                                  Government or the State                                  Government, as the case                                  may be. (Note :  This arrangement  will  work  for  the  traditional communities, with  either a  CDCC  or  any  other  voluntary organisation  functioning  as  a  catalytic  and  monitoring agent.      The CDCC  would function as a nodal agency in the field and would  co-ordinate with  government departments to bring as  many   programmes  to  its  group  of  beneficiaries  as possible. Further,  they would  arrange referral services in the following  areas as  and when  the need  is felt for the benefit of a child: i)   Institutionalised care - arrange sponsorship foster                               care ii)  skill development ii)  health iv)  on the job training v)   training for enterpreneurship Eligibility of Beneficiaries Children of any age between 0-18 years who are either - i) children of prostitutes, or ii) children associated with prostitution or prostitute, may be benefitted from this scheme. In all  deserving cases the scheme should extend services to those children  above 18  years, only  if it is clearly seen that they  are not yet able to feed for themselves and would

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be benefited  by further  support. Those older than 18 years would be assisted as special cases. Coverage There would  be no  limit to  the number  of children  being covered by the Centre. Being a service oriented centre it is likely that  only groups of children will come to the Centre during the day asking for any of the services. Only in  the case  of creches  and balwadis  there would  be regular attendance where not more than 25-30 children should be enrolled  at any given time and when the member increases separate groups be formed and benefit of service extended. Organisation The  following  are  some  of  the  general  conditions  for eligibility for applying for the scheme : (i)  The applicant  should be  a voluntary, non-governmental      organisation, registered  under an appropriate Act or a      regularly constituted  branch of  a registered  welfare      organisation. (ii) The organisation  seeking assistance  should be  a non-      profit and  secular organisation  in  a  way  that  its      services   would   be   open   to   all   without   any      discrimination of  religion, caste,  creed, language or      sex. (iii) The  organisation should  have a regularly constituted      managing  committee   with  its   functions  and  their      responsibilities clearly laid down in its Bye-laws. (iv) the  organisation   should  preferably  have  had  some      experience in  managing child development programmes or      experience  of   working  on   the  issues  related  to      prostitution. Programme Thought it  is viewed  as a  localised service  centre,  its community outreach  aspect must  be active.  By reaching the prospective target  group  and  acquainting  them  with  the services available,  the utilisation  of  the  CDCC  can  be availed. The staff  at the  Centre would  organise health  camps  and awareness generation camps from time to time. While providing the services of the children, efforts of the staff at  the Centre  would be  to counsel  the mothers  and children  and  encourage  the  latter  to  join  educational institutions. It should assist them in getting admitted into the educational  institutions. Teachers attached to the CDCC would help  the school  going children  in completing  their homework and  coping with  other difficulties. During school hours the teacher would held functional literacy classes for the elder children who are uneducated. By way  of  extending  further  support  to  this  group  of uneducated and  unskilled children,  the Centre’s staff will have to counsel them regularly. As it  is advisable to remove the children form the vicinity of the  redlight areas  by about  6 years  of age, the staff will have  to convince  the mothers  and arrange  for  their placement in  residential institutions. Regular meetings are to be  held with the mothers to discuss about the health and nutritutional needs  of their  children  and  to  make  them conscious about  the environment. Efforts should be directed towards making  them interested  in the  activities  of  the CDCC. They must be kept informed about the progress of their children and of their current activities, problem and future plans. They  must be  allowed to participate in planning and execution of programmes. The Centre  must follow  up cases of women who are placed in Protective  Homes.   Their  children   must  be  immediately enlisted  in  the  list  of  beneficiaries  at  the  Centre.

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Depending upon  their situation  care and protection must be extended to  them such  that the separation from mother does not (i) hamper their education (ii) make them emotionally and physically insure (iii) render them neglected and uncared for (iv) expose them to greater risks of delinquency. In case a child is affected in any of these ways, the Centre must  step   in  and   to  give  him/her  in  a  residential institution. The  mother must be involved in the process and the Centre must be in touch with her at the Protective Home. The CDCC  will involve  the local  level youth  club or  any other organisations and with support from the (i) mobilise the local community, (ii) organise activities for the beneficiary group. Working Hours of the CDCC 1. Creche   ........... as per decision of the Local    (day and night)      committee 2. Balwadi   .......... 9.00 a.m. to 1.00 p.m. 3. Non-formal   ....... 1.00 p.m. to 4.00 p.m.    Education 4. After School         4.00 p.m. to 6.00 p.m.    Education Timings of  the other  facilities to  be fixed  according to local situation. Staff 1.           Programme Co-ordinator                  1 2.           Special Worker-cum-Counseller           2 3.           Teacher                                 1 4.           Balwadi Teacher                         1 5.           Helper-cum-Office Assistant             1 6.           Ayah-cum-Cook                           2 7.           Chowkidar                               1 Advisery and Monitoring Committees To ensure  effective implementation  of the  scheme Advisory and Monitoring  Committees will be set up at various levels. There would  be a  Central Committee  with State  and  Local Committees under  it. While  there will be a State Committee in every state, there may be as many Local Committees as the number of  CDCCs operative in the respective state. A single Committee may  be adequate  in case  there are more than one CDCC in the same city/town. Members of the Committees Central Committee (Seven Members) i)   Chairperson, Central Social Welfare Board ii)  Representative of  eh Department  of  Women  and  Child      Development. iii) Representative of the Department of Social Welfare iv)  Retired Police Officer. v)   Three Social Workers. Local Committee (Seven Members) i)   Programme Co-ordinator CDCC. ii)  Representative of mothers iii) Representative of community iv)  Representative of local club, if any v)   secretary   or    representative   of   the   voluntary      organisation implementing the scheme vi)  Two Social Worker. These Committees  will run  the scheme  with the  assistance from the government. No separate office need the maintained. The necessary  office work can be done at the offices of the Chairperson, CSWB (in the case of the Central Committee) and Chairperson SSWAB  ( in  the case  of State  Committee). The CDCC would  help in  the office work of the Local Committee. For this,  the respective organisations will receive a token

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Administrative Assistance grant. Meeting of  the committee can be organised by the respective organisations.  There  must  be  quarterly  meeting  of  the Central and  State Committees.  The Local  Committees  must, however, met  once in every month. The Local committee is to send its  minutes of  meeting held and reports of activities to the State and Central committees. The Central  Committee will  function  as  the  central  Co- ordinating body,  with regular  feedback from  the State and Local Committees.  Besides regular  meetings, the  Committee may call emergent meetings to discuss any urgent matter. These Committees  will co-ordinate  the functioning  of  any ICDS Centres  being run in lieu of CDCC (in case a voluntary organisation is  not available to run and manage a CDCC) and execute the same functions as it does in the case of CDCC."      We are of the view that the suggestions require earnest examination to  give force  and content  to them. The rescue and rehabilitation  of the  child prostitutes  and  children should  be   kept  under   the  nodal   Department,  namely, Department of Women and Child Development under the Ministry of Welfare and Human Resource, Government of India. It would devise   suitable   schemes   for   proper   and   effective implementation. The institutional care, thus, would function as an  effective rehabilitation of fallen women even if they have crossed  the age  prescribed under  the  JJ  Act.  They should  not   be  left   to  themselves,   but   should   be rehabilitated  through   self-employment  schemes   or  such measures as  are indicated  hereinbefore. The juvenile homes should be  used only  for a  short stay to relieve the child prostitutes and  neglected juveniles  from the  trauma  they would have  suffered ;  they need to be rehabilitated in the appropriate manner.  The details  are required  to be worked out by  meaningful procedure and programmes. In the light of the directions  already given by this Court from time to the Central Government,  State Governments  and Union  Territory Administrators, adequate steps should be taken to rescue the prostitutes, child  prostitutes and  the neglected juveniles as indicated  hereinabove ;  they should  take  measures  to provide them  adequate safety, protection and rehabilitation in the  juvenile homes  manned by  qualified trained  social workers or  homes run  by NGOs  with the  aid and  financial assistance given  by Government of India or State Government concerned. A  nodal Committee with the public spirited NGOs, in particular  women organisations/woman  members should  be involved in  the management.  Adequate encouragement  may be given to  them ;  the needed  funds should  be provided  and timely payments  disbursed  so  that  the  scheme  would  be implemented effectively and fruitfully.      The Minister  of  Welfare,  Government  of  India  will constitute a Committee consisting of the Secretary in charge of  Department   of  Women  the  Child  Development  as  the chairperson and three or four Secretaries from the concerned State Governments,  to  be  nominated  by  the  Minister  of Welfare. They  would  make  an  in-depth  study  into  these problems and evolve such suitable schemes as are appropriate and  consistent   with  the   directions  given  above.  The Committee should  be constituted  within one  month from the date of  the receipt  of this judgment. The Committee should finalise the  report within three months thereafter. As soon as the  report is submitted. the same may be communicated to all the  State Governments  and the concerned Ministries for their  examination.  Within  two  month  from  date  of  the communication, the Minister of Welfare, Government of India, in  coordination  with  the  Prime  Minister  Office  should convene a  meeting presided over by the Prime Minister, with

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Minister of Welfare, Home Minister, Human Resource Minister, the  concerned   Minister,  Human   Resource  Minister,  the concerned Ministers  of  the  State  Governments  and  their Secretaries  as   well  to  discuss  the  problem  and  take decision. The  Committee should  finalise  the  report  with further suggestions  or  amendments,  if  suggested  in  the conference. Thereafter,  the report  should be finalised and then direction  would be  given to the State Governments for effective  implementation   of  the   schemes.   The   nodal Department would  enforce and regularly be supervised by the Ministry  of  Welfare,  Government  of  India.  A  permanent Committee of Secretaries should be constituted to review the progress of  the implementation on annual basis, and to take such other  steps as  may  be  expedient  in  the  effective implementation of  the schemes.  Periodical progress  as  to funding and enforcement of the scheme should be submitted to the Registry  of this  Court. If further directions would be needed, liberty  is given  to the  parties to  approach this Court. In  that view of the matter, it is believed and hoped that the  above law  and directions  would relieve the human problem by  rehabilitation of  the unfortunate  fallen women cought in the trap of prostitution ; their children would be brought into  the mainstream  of the  social order  ;  these directions would  enable  them  to  avail  the  equality  of opportunity and  of status, with dignity of person which are the arch of the Constitution.      My learned brother D.P. Wadhwa, J. has disagreed to the directions given  to the  Union of  India etc.  in the first part of  the Order  on the  ground, as  seems to me, that in view of  the relief sought for in the writ petitions and the directions given  by this  Court on  the  earlier  occasions there is  no scope  for the  relief being  granted  now  and directions given  in  the  concluding  part  of  the  Order. Brother Wadhwa,  J. thus agrees with the directions given at pages 78  to 81  relating to the prostitute children and the children of  the fallen women. Directions at pages 38-39 and 43 to  45  of  this  Order  pertain  to  the  prevention  of induction of  women, in  various forms,  into  prostitution; their rescue formal flesh trade ; and rehabilitation through various welfare  measures so  as to  rehabilitation  through various welfare  measures so as to provide them with dignity of  person,   means   of   livelihood   and   socio-economic empowerment. In  that behalf,  my learned  brother  has  not concurred for  the  reasons  given  in  the  separate  Order proposed to be delivered by him. That has necessitated me to have a  re-look  into  the  precedents  on  Public  Interest Litigation vis-a-vis the scope, ambit and power of the Court to grant  relief in  matters arising  from real and true and Court to grant reliefs in matters arising from real and true public interest  litigation in  which the condition of locus stand has  been relaxed  and  public-spirited  persons,  not motivated  by   pressure  tactics  for  ultimate  ends,  are encouraged to  work for the poor, under-privileged or weaker segments of the society who are otherwise unable to avail of judicial process  for grant  of general  reliefs to  such  a group of persons.      In Labourers  working on  Salal Hydro Project vs. State of Jammu  & Kashmir & Ors. [(1983) 2 SCC 181] - offspring of a letter addressed to this Court enclosing a clipping of the newspaper "Indian  Express" dated  August 26,  1982 - it was brought to  the notice  of this Court that a large number of migrant workmen were subjected to exploitation and violation of various  welfare laws  made for  them.  Intervention  was sought to  prohibit  exploitation  and  to  grant  different reliefs to  them. The  letter was treated by this Court as a

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writ petition  under Article  32. Directions  were issued to the Labour  Commissioner (Centre) to enquire into and submit a report  ; the Central Government was also directed to file their affidavit.  After receipt  of the report and filing of the counter-affidavits,  this Court  found, as  a fact, from the evidence  that the  workmen were  denied of  the minimum wages and other welfare were denied of the minimum wages and other welfare  benefits. Accordingly, directions were given. This  decision,   therefore,  is   an  authority   for   the proposition that  a Public  Interest litigation  is  not  of adversory  character   but  one   of  performance   of   the constitutional duty  ; therein new procedure was adopted for collecting evidence  from acceptable  source. In Dr. Upendra Baxi &  Ors. (II)  vs. State  of U.P.  & Ors.  [(1986) 4 SCC 106], Dr.  Upendra Baxi,  a noted  humanist and  champion of Human Rights,  had addressed  a letter  to this Court that a writ petition  may be  entertained  in  public  interest  to protect the  girls living in the Government protective Homes at Agra who were being denied right to live with basic human dignity by  the State of Uttar Pradesh which was running the Home. In  that case,  it was  held that  the public interest litigation is  not a  litigation of  an adversory undertaken for the  purpose of  holding the  State  Government  or  its officers responsible  for making reparation. Public interest litigation involves  a collaborative and cooperative efforts by  the  State  Government  and  its  officer,  the  lawyers appearing in  the case  and the  Bench for  the  purpose  of making Human  Rights meaningful  for the weaker sections for the community  in ensuring the socio-economic justice to the deprived and  vulnerable sections  of the  humanity  in  the country. Directions,  therefore, were  accordingly issued  ; details thereof  are, however,  not material for the purpose of this  case. What  is material  is that  the power of this Court is  wide to  grapple with  new situations ; it can get the evidence  collected with  cooperation of the counsel for the parties  and the  State and  mete out justice to protect the constitutional  rights guaranteed to all the citizens in particular, the  vulnerable weaker  segments of the society. Vincent Panikurlangara  vs. Union  of India & Ors. [(1987) 2 SCC 165],  related to  manufacture  of  drugs  and  involved examination of  evidence to  determine the  character of the action taken  by the  Government  on  the  basis  of  advice tendered to  it to  prohibit the  manufacture and  trade  of drugs in the interest of patients who required the drugs for that treatment.  This Court  pointed out  that the statutory bodies and  the Government are bound to respond and join the proceedings pending before the Court. They are not litigants ; yet  they do  not have the choice of keeping away from the Court like  private parties  in ordinary  litigations ;  yet they do  not have  the choice of keeping away from the Court like private parties in ordinary litigations opting to go ex parte. Since the matter involves technical aspects vis-a-vis health of  the public  and is  of national  importance, this Court ensured  cooperation of  all the  parties and suo motu extended the  opportunity of  hearing and inviting the named statutory authorities  to assist  the Court. In that behalf, it was  held that  the public  interest litigation  is not a normal  litigation   with  adversaries  fitted  against  one another.      As already  seen, in  Bandhua Mukti  Morcha case,  this Court had evolved a new procedure supplementing the existing procedure to meet the new situation and to render justice in public interest  litigations. It  directed the  Commissioner Labour  (Central)   to  investigate  into  and  collect  the evidence and  submit the  report to the Court, as dealt with

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at pages  189-90. In Rural Litigation and Entitlement Kendra vs. State  of U.P. [(1989) Supp. 1 SCC 504] this Court dealt with a  public interest  litigation relating  to  ecological imbalances created  due to  mining operations and denudation of forest. In paragraphs 16 & 17, this Court at pages 515-16 had pointed  out that  the writ  petitions before  the Court were not inter-partes disputes and had been raised by way of public interest  litigation and  the controversy  before the Court was as to whether for social safety and for creating a hazardless environment  for the people to live in, mining in the area  should be  permitted or  stopped. This  Court  had directed  stoppage  of  mining  activity  since  it  created ecological imbalance  and denudation  of the forest. In M.C. Mehta & Anr. vs. Union of India & Ors. [(1987) 1 SCC 395], a Constitution Bench  of this  Court was to consider the scope of the  public interest  litigation to grant compensation to the victims of hazardous or dangerous activities when deaths or injuries  were caused  to them on account of the accident during the operation of such activities. This Court had held that the  law should  keep pace with changing socio-economic norms; where  a law  of the past does not fit in the present context, the  Court  should  evolve  new  law  in  a  public interest litigation. The power of this Court is very wide to devise appropriate procedure and to issue directions, orders or rules.  This Court  is  competent  to  grant  a  remedial assistance by  way of compensation in exceptional cases. The Court has  incidental and  ancillary power  in  exercise  of which it  can devise  new methods  and strategy  in securing enforcement of  fundamental rights  particularly  in  public interest litigation  or social action cases. Directions were accordingly granted  in that  case. In  Bandhua Mukti Morcha vs. Union  of India  & Ors.  [(1984) 3  SCC  161]  the  writ petition under  Article  32  was  filed  to  release  bonded labourers in  the country by way of letter addressed to this Court. In  that behalf,  this Court  had taken assistance of the parties,  got the  evidence collected  and  then  issued appropriate directions  for release of the bonded labour. In this behalf, it was held at page 189 that when the poor come before the  Court, particularly  for  enforcement  of  their fundamental rights,  it is  necessary  to  depart  from  the adversorial procedure  and to  evolve a  new procedure which will make it possible for the poor and the week to bring the necessary material  before the  Court  for  the  purpose  of securing enforcement of their fundamental rights. It must be remembered that  the problems  of the  poor  which  are  now coming before  the Court  are qualitatively  different  from those which  have hitherto  occupied the  attention  of  the Court and they need a different king of layering skill and a different kind  of judicial  approach. If  we blindly follow the adversorial procedure in their case, they would never be able to  enforce their  fundamental rights  and  the  result would be nothing but a mockery of the Constitution. We have, therefore, to  abandon the  laissez faire  approach  in  the judicial process  particularly where  it involves a question of enforcement  of fundamental  rights; we  should forge new tools, devise  new methods  and adopt new strategies for the purpose of  making fundamental  rights  meaningful  for  the large masses  of the people. And this is clearly permissible by the  language of  clause (2)  of Article  32 because  the Constitution-makers  while   enacting  that   clause,   have deliberately and  advisedly not  used any  words restricting the power  of the  Court to  adopt any  procedure  which  it considers appropriate  in the  circumstances of a given case for enforcing  the fundamental  right.  In  Santhal  Pargana Antyodaya Ashram vs. State of Bihar & Ors. [(1987) Supp. SCC

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141] in  a public interest litigation, this Court obtained a report of the Committee appointed by the Court, accepted the report and  gave directions  to release and rehabilitate the bonded labours  identified by the Committee and to implement the Committee’s  recommendations, as  far as  possible, were issued to  the State  Government. The  State Government  wee directed to  carry out  the statutory  obligations under the Bonded Labour System Act, 1976.      It would,  thus, be  the established  procedure of this Court under  Article 32  that the public interest litigation is  not   adversorial.  It   is  one  of  collaboration  and cooperation between  the State  and the Court. This Court as the sentinel  on the qui vive, is constitutionally obligated to enforce the fundamental rights of all the citizens of the country and to protect them from exploitation and to provide guidance and  direction for  facilities and opportunities to them for securing socio-economic justice, empowerment and to free the  handicapped persons  from  the  disabilities  with which they  suffer from  and to  make them realise and enjoy the  fundamental   rights  ensured   to   them   under   the Constitution. In  that behalf,  this Court  is entitled  and empowered under  Article 32  to adopt  such procedure  as is expedient in a given fact situation and deal with the matter appropriately. Therefore, the rigour of the pleadings or the reliefs sought  for  in  adversorial  litigation,  has  been softened; new  methods, tools  and procedures wee evolved to mete out  justice and  to enforce  the  fundamental  rights. Obviously, therefore,  when a  limited relief  to  establish separate schools  for the  children of  the fallen women was sought for by the petitioner-Gaurav Jain, this Court did not confine to  the same.  It, instead,  enlarged the  scope and directed the authorities as an interim measure to have those children  admitted  in  the  general  schools  to  make  the children overcome  the disabilities had from foul atmosphere and to generate the feeling of oneness and desegregation. In addition, this  Court appointed  V.C. Mahajan  Committee  to enquire into and submit a report. The report was accordingly submitted after  extensive travelling  to far and wide parts of the  country; it  studied not  only the  problem  of  the children of the fallen women but also the route cause of the menace of  child prostitution  and the  prostitution as such and the  need for its eradication. The prevailing conditions have been  pointed out  in the Report and beneficial actions already taken  by some of the Social Action Groups have been pointed and also noted as illustrated hereinabove. They have also dealt  with the  problems of  the children.  The  State Governments and  the Central  Government were  supplied with the copies  of the Report and they have not even objected to the recommendations;  in fact,  they cannot  be objected  to since  it  is  a  fact  prevailing,  unfortunately,  in  the country. Therefore,  the relief  cannot be restricted to the pleadings or  to the scope of the directions earlier issued; the Court  can take  cognisance  from  indisputable  or  the undisputed facts  from the  Report of V.C. Mahajan Committee and other  reports  and  articles  published  in  recognised Journals and  act upon  it. Placing  reliance  thereon,  the directions given  in the  Order,  aim  not  only  at  giving benefits to  the children  but also  to root  out  the  very source of  the problem  as has been pointed out in the first part of  the Order,  it is  for  the  Government  to  evolve suitable programme  of action.  My learned  brother has very graciously agreed  to the  second part of the order relating to the  setting up  of juvenile  homes  for  the  prostitute children and children of fallen women.      By operation  of Article  145(6), to the extent both of

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us have  agreed, the Order constitutes as binding precedent. It is  to remember  that this  Court being composed of large number of  Judges has  evolved its own procedure to transact court  management   of  its  judicial  work  and  to  decide cases/causes  sitting   in  appropriate   Division   Benches constituted by the Chief Justice of India as per the Supreme Court Rules.  Any observation  made by one of the Judges has pursuasive obiter.  When there is a dissent, the majority of opinion forms a binding precedent. Any difference of opinion between a  Bench composed  of two  Judges, in an adversorial litigation requires  resolution by  a larger  Bench of three Judges and/or if further reference is made to a Constitution Bench, it  is to  deal with  the  controversy  and  majority opinion forms  precedent. As stated earlier, public interest litigation is  not adversorial  in  nature  but  is  one  of cooperation and  coordination between the three wings of the State and the coordination and it is the constitutional duty of this  Court to ensure enjoyment of the fundamental rights by all  citizens and  in particular  the poor  and  deprived social segments and in case of violation thereof, to prevent the same by giving appropriate directions in that behalf. In aid thereof,  this court  has been  armed by  Article 142 to pass such  orders as  may be  necessary for  doing  complete justice in  a cause or pending matter before it. An order so made shall be enforceable throughout the Territory of India. Normally, if  it were  an adversorial dispute, we would have referred the  matter to  three Judge Bench in respect of the first  part   of  the   directions,   namely,   to   prevent prostitution; to  rehabilitate fallen  women and  to provide them  facilities  and  opportunities  by  evolving  suitable measures by  all the  Governments for  enforcement of  their economic empowerment  and social integration with dignity of person which  are  fundamental  rights  to  the  unfortunate fallen women, i.e., the victims of circumstances. It is seen that this  matter is  pending for  nearly  a  decade.  If  a reference is  made to a three Judge Bench, it may further be delayed. Since  "delay defeats  justice" it  may  amount  to everyday denial of the fundamental rights to large number of fallen women.      I put  a caveat upon myself and I am aware that Article 142 would  be used to enforce final judgment or order which, in given special or exceptional circumstances, would include directions  of  this  type  to  mitigate  injustice  and  to elongate  enforcement   of  fundamental  and  human  rights. Article 142 speaks of doing complete justice in a cause. The arm of  the Court is long enough to reach injustice wherever it  is  found  and  to  mete  out  justice.  Denial  of  the constitutional  rights   to  the  unfortunate  fallen  women outrages  the   quest  for   justice   and   pragmatism   of constitutional ethos which constrain me to avail Article 142 of the  Constitution of  India to  direct the  Union of  the India as  well as  all State Governments to evolve, after in depth  discussion  at  Ministerial  level  conference,  such procedures and  principles or  programmes, as  indicated  in this Order,  as guidance  would help rescue and rehabilitate the fallen  women.  Otherwise,  the  fundamental  and  human rights remain  pious platitudes  to  these  miserable  souls crushed in  the cruel  flesh trade  with grinding poverty in the evening  of their  lives. Generally, Article 142 may not be invoked  before the  difference of opinion is resolved in an adversorial  litigation and in a keenly contested matters of even public interest litigation, in particular, of recent type cases. However, in the cases of the type in hand, where there would  be no  controversy on  human problems  of  most unfortunate women  which  require  their  careful  planning,

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rescue and  rehabilitation, the  exercise of the power under Article 142,  even by  a single  member of the Bench, may be appropriate and efficacious to enforce fundamental and human rights of  large number  of neglected and exploited segments of  the  society.  Society  is  responsible  for  a  woman’s becoming victim  of circumstances.  The society  should make reparation to  prevent trafficking in the women, rescue them from red  light areas and other areas in which the women are driven or  trapped in  prostitution. Their rehabilitation by socio-economic   empowerment    and    justice,    is    the constitutional duty of the State. Their economic empowerment and  social   justice  with   dignity  of  person,  are  the fundamental rights  and the  Court and the Government should positively  endeavour   to  ensure  them.  The  State  in  a democratic policy includes its three constitutional organs - the  Legislature,   the   Executive   and   the   Judiciary. Legislature has already done its duty. The Executive and the Judiciary are required to act in union to ensure enforcement of fundamental  and human  rights of  the fallen women. I am also conscience that the Union of India as well as the State Governments  are   sensitive  to  the  conscience  of  their constitutional duty  under article  23 and  are desirous  to have the  prostitution eradicated from the root with the aid of  ITP  Act,  IPC  and  other  appropriate  legislative  or executive actions.  Sequential rehabilitation  of the fallen women rescued  from the  red light  areas  and  other  areas required enforcement.  The observations  made in this Order, the constitutional  provisions, the  human rights  and other International Conventions  referred to  in the Order and the national Policy  would aid  the Union of India and the State Governments as  foundation and  guide them  to  discuss  the problems in  Ministerial and  Secretarial level  Conferences and as  suggested in  this Order  to evolve  procedures  and principles to  ensure that the fallen women also enjoy their fundamental and human rights mentioned in the Order.      Before parting  with the  case, we  place on record the valuable assistance  and yeoman’s  service rendered  by V.C. Mahajan Committee.      The  directions   are  accordingly   given.  The   writ petitions are  directed to  be posted  after the  compliance report as  regards the  action  taken  in  that  behalf,  is furnished by the Union of India for appropriate orders.