PETITIONER:
GAURAV JAIN
Vs.
RESPONDENT:
UNION OF INDIA AND ORS.
DATE OF JUDGMENT15/11/1989
BENCH:
MISRA RANGNATH
BENCH:
MISRA RANGNATH
VENKATACHALLIAH, M.N. (J)
SAWANT, P.B.
CITATION:
1990 AIR 292 1989 SCR Supl. (2) 173
1990 SCC Supl. 709 JT 1989 (4) 315
1989 SCALE (2)1126
ACT:
Constitution of India, 1950: Article 32--Public interest
litigation--School admission for children of
prostitutes--Plea for separate schools and hostels--Reject-
ed--Committee set up to examine all aspects of the problems
and to submit report.
HEADNOTE:
This writ petition has been filed pleading for separate
schools and hostels for the children of prostitutes.
On behalf of respondents, it was contended that since
they are in fact unwanted children of prostitutes it is in
the interest of such children and the society at large that
they are segregated from their mothers and be allowed to
mingle with others and become part of the society.
Setting up a Committee consisting of 4 Advocates and 3
Social Workers to look into the matter and directing listing
of the matter on receipt of the Committee's report, this
Court.
HELD: 1. Children of prostitutes should not be permitted
to live in inferno and the undesirable surroundings of
prostitute homes. This is particularly so for young girls
whose body and mind are likely to be abused with growing age
for being admitted into the profession of their mothers.
While separate schools and hostels for prostitute children
are not desirable, accommodation in hostels and other refor-
matory homes should be adequately made available to help
segregation of these children from their mothers living in
prostitute homes as soon as they are identified. [174H;
175A-B]
2. The Committee now set up will look into the problems
and submit its report within 8 weeks. [175D]
[This Court directed the Ministry of Welfare, Deptt. of
Women & Child Development functioning under the Union of
India to deposit a sum of Rs.20,000 within two weeks to meet
the expenses of the Committee].
174
JUDGMENT:
CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No.
824 of 1988.
(Under Article 32 of the Constitution of India)
V.C. Mahajan, Gaurav Jain, and Ms. Abha Jain for the
Petitioner.
Anil Dev Singh, I. Makwana, Rathin Das, K.R. Nambiar,
Ms. A. Subhashini, A.M. Khanvilkar, A.S. Bhasme, R.K. Mehta,
V. Krishnamurthy, S.K. Agnihotri, A.V. Rangam, Mahabir Singh
and P.K. Pillai for the Respondents.
The Order of the Court was delivered by
MISRA, J. This application under Art. 32 of the Consti-
tution is at the instance of an advocate by way of a public
interest litigation asking for direction to the respondents
for making provision of separate schools with vocational
training facilities and separate hostels for children of
prostitutes. Notice was issued not only to the original
respondents but at the instance of the Court also to a11 the
States and the Union Territories. Many of them have respond-
ed and affidavits have been filed by way of return to the
rule nisi.
Though Mr. Mahajan for the petitioner has pleaded that
separate schools and hostels be raised for the children of
the prostitutes, we are not inclined to accept the submis-
sion. Segregating prostitute children by locating separate
schools and providing separate hostels, in our opinion,
would not be in the interest of such children. It is said
that prostitutes do not want to have children and ordinarily
when children are born to them it is inspite of their desire
not to rear children. But once such children are born to
them, it is in the interest of such children and of society
at large that the children of prostitutes should be segre-
gated from their mothers and be allowed to mingle with
others and become part of the society. In fact, counsel
appearing for several States have stated at the Bar the same
way. We, therefore, reject the prayer for locating separate
schools and hostels for children of the prostitutes.
Children of prostitutes should, however, not be permit-
ted to live in inferno and the undesirable surroundings of
prostitute homes. This
175
is particularly so for young girls whose body and mind are
likely to be abused with growing age for being admitted into
the profession of their mothers. While we do not accept the
plea for separate hostels for prostitute children it is
necessary that accommodation in hostels and other reformato-
ry homes should be adequately available to help segregation
of these children from their mothers living in prostitute
homes as soon as they are identified.
Legislation has been brought to control prostitution.
Prostitution has, however, been on the increase and what was
once restricted to certain areas of human habitation has now
spread into several localities. The problem has, therefore,
become one of serious nature and requires considerable and
effective attention.
We are of the view that instead of disposing of this
writ petition with a set of directions, a Committee should
be constituted to examine the material aspects of the prob-
lem and submit a report containing recommendations to the
Court on the basis of which further orders can be made. We
accordingly direct that a Committee for such purpose shall
be set up and it shall examine the matter from various
angles of the problem taking into consideration the differ-
ent laws relevant to the matter and place its report before
the Court within eight weeks from now. The Committee shall
consist of:
1. Mr. V.C. Mahajan, Senior Advocate, New Delhi.
2. Mr. R.K. Jain, Senior Advocate, New Delhi.
Mr. M.N. Shroff,
Advocate-on-Record, He shall act as the
New Delhi. convenor.
4. Mr. R.K. Mehta, Advocate-on-Record, New Delhi.
5. Dr. Deepa Das,
Women’s Studies & Development
Centre, Chhatra Marg, University
of Delhi, Delhi- 110 007.
176
6. Smt. Sarla Mudgal,
Kalyani,
5030, Kalidas Marg,
Darya Ganj,
New Delhi- 110 002.
7. Smt. Krishna Mukherji,
All Bengal Women’s Union,
Research & Development Committee,
89, Elliott Road,
Calcutta-700 016.
The Union of India in the Ministry of Welfare, Depart-
ment of Women & Child Development is directed to deposit in
this Court a sum of Rs.20,000 for the present within two
weeks to meet the expenses.
The matter shall be listed on 16th January, 1990 (Tues-
day) for further orders after the report is received.
G.N.
177