1997 (7) TMI 597 - SC - Indian Laws

Public Interest Litigation-Petition filed for rehabilitation of children of Prostitutes-Held, such children have right to equality of opportunity, dignity, care, protection and rehabilitation, to be part of the mainstream of social life without any stigma-Mahajan Committee Report workable at National level-Suggestions in Mahajan Committee Report regarding child development and care centres requires to be examined-Children of prostitutes and even child prostitutes to be treated as neglected juveniles as defined in Juvenile Justice Act-No stigma to be attached to such children-To be rescued from redlight areas and temporarily shifted to Juvenile Homes-Thereafter to be rehabilitated-Establishing Juvenile Homes- Of- ficers in charge of Juvenile Homes to protect the children in Juvenile Homes-Mandatory obligation of State-Constituting Juvenile Welfare Board- Rescue and rehabilitation operation to be kept under Department of Women and Child Development under Union Ministry of Human Resources-NGOs to be associated with the rehabilitation work-Union Minister of Welfare to constitute a Committee within one month for evolving suitable schemes and to submit report within three months thereafter-State Govern-ments to implement the Schemes-Permanent Committee of Secretaries to be constituted to review the progress of the implementation of the Schemes-Periodical progress report to be submitted to Supreme Court-Juvenile Justice Act, 1986.

Summary

Issues:
- Petition for setting up separate schools and hostels for children of prostitutes
- Constitutionality of segregating prostitutes' children
- Recommendations of the Committee for the rehabilitation of children of prostitutes
- Scope of the Immoral Traffic (Prevention) Act, 1956
- Public interest litigation and interpretation of laws without proper parties and pleadings

Analysis:
The Supreme Court received a writ petition under Article 32 of the Constitution filed as public interest litigation, seeking the establishment of separate schools with vocational training and hostels for children of prostitutes to prevent them from entering immoral professions. Initially, the petitioner was directed to amend the petition to focus on setting up juvenile homes as per the Juvenile Justice Act, 1986. Subsequently, the court did not accept the idea of segregating prostitutes' children through separate schools and hostels, believing it would not be in the children's best interest. Instead, a Committee was formed to address the issues faced by these children, focusing on the viability of separate schools and hostels, existing laws, and a national-level rehabilitation scheme.

The Committee, after examination, submitted a report with recommendations for the rehabilitation of children of prostitutes. The judgment emphasized that the eradication of prostitution was not the primary issue in the proceedings or the Committee's discussions. It highlighted the enactment of the Immoral Traffic (Prevention) Act, 1956, later amended in 1986, as a legislative measure to combat immoral trafficking. The Act aimed to address inadequacies in enforcement, strengthen penal provisions, and enhance correctional treatment and rehabilitation standards for victims.

The judgment refrained from delving into public interest litigation without proper parties, informed pleadings, and comprehensive discussions. It stressed the importance of hearing concerned parties, including the Union of India and State Governments, on profound issues like prostitution. While concurring with the directions related to establishing juvenile homes for children of prostitutes, the judgment expressed dissent on addressing prostitution directly and issuing related directions. It also raised considerations regarding the application of Article 142 and 145(5) of the Constitution in the given circumstances.