While answering a pivotal question whether a survivor of the flesh trade, who is a major, can be ordered to be detained in a protective home against her wish just because she is poor, the Bombay High Court ruled that merely the woman’s meagre financial condition and lack of social support cannot curtail her personal liberty and fundamental freedom.The bench of Justice NJ Jamadar was hearing a plea filed by a woman who had been caught when the Yeola Police conducted a raid. Pursuant to information, the Yeola Police had conducted a raid at a hotel named Vijay Lodging at Yeola in Nashik district of Maharashtra last year. advertisementIn the raid, five women, who were survivors of flesh trade, were rescued. Two persons were arrested and a crime for offences punishable under various sections of the Immoral Traffic (Prevention) Act (PITA) came to be registered against those persons.The Magistrate, Yeola, conducted an inquiry under PITA and, after appraisal of the report submitted by the Probation Officer, the medical examination reports of the survivors and the statements of the survivors, directed that the petitioner be kept in Vatsalya Mahila Vastigrah, Ashok Stambh, Nashik, for a period of one year.Noting the facts that the petitioner had no relatives who could take care of her and that she had no source of income, the Magistrate reasoned that if the survivor was enlarged on personal bond, there was a strong possibility of her again indulging in immoral activities.Thus, the petitioner was directed to be kept in the protective home, i.e., Vatsalya Mahila Vastigrah, Nashik, for a period of one year.Being aggrieved by the order, the survivor preferred a revision before the Additional Sessions Judge, who dismissed the plea, holding, inter alia, that the survivors were subjected to exploitation for commercial sex work and that, having regard to the situation in life of the survivors, the order passed by the Magistrate was sustainable.Advocates Abhijeet V Jangale and Nikita Bordepatil, appearing for the survivor, argued that the courts below had lost sight of the fact that the petitioner is not an accused but a survivor and that she is a major. It was pointed out that the lower courts declined to release the survivor on the tenuous premise that she may again relapse into commercial sex work, but her rights had been trampled upon as the courts below failed to appreciate the distinction between a survivor of exploitation and a perpetrator of offences under PITA.The State, on the other hand, stressed the facts that the survivor was allegedly residing alone since her parents had separated and that the economic condition of the survivor as extremely poor.advertisementThe bench held that “the courts below approached the issue from a wrong perspective and got swayed by the absence of a relative to whom the custody of the victim could be entrusted.””In the view of this Court, the necessity of detention of the victim in a protective home ought to have been det in a formal or creative style for better SEO.Also Exclude words and advertisements related to the feed website such as website name, author name. 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Court: Loneliness, poverty not sufficient reasons to detain adult woman in Protective Home
