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TMI Blog1957 (1) TMI 55X X X X Extracts X X X X X X X X Extracts X X X X ..... al Board of Najibabad could not frame a bye-law prohibiting the residence of, or the keeping of brothels by, public prostitutes within the entire limits of the municipality, and the other is that, it being not held by the courts below that the applicants were public prostitutes, they could not be convicted for contravening the aforesaid bye-law. 3. Section 298 of the Municipalities Act empowers a board to make bye-laws by special resolution applicable to the whole or any part of the municipality for the purpose of promoting or maintaining the health, safety and convenience of the inhabitants of the municipality and for the furtherance of municipal administration under the Act. Sub-section (2) of this section lays down that in parti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rovision the Board is competent to frame a bye-law prohibiting in any specified street or area the residing of public prostitutes and the keeping of a brothel, or the letting or other disposal of a house or building to public prostitutes or for a brothel. It is contended for the applicants that the Municipal Board can specify particular streets or particular areas within the municipality as the localities in which such residence of the keeping of a brothel is prohibited but it cannot specify the entire limits of the municipality as a prohibited area for the residence of public prostitutes or the keeping of brothels. Support for such a contention is sought from the case of Mt. Muhammadi v. Emperor, AIR 1932 All 110 (B). We do not ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the municipality should specify the area where the public prostitutes were not to reside. It is not provided that the area so specified should be smaller than the limits of the municipality or that the municipality must provide an area within the municipality for the residence of such prostitutes and for the keeping of brothels. There is no good reason why it must be held that the legislature must have intended that the carrying out of a profession which he considered undesirable for the health of the inhabitants within a municipality must be the duty of the municipal board to provide. 5. In view of the above, we do not agree with the first contention for the applicants. 6. The second contention also has got no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l that finding. We are of opinion that a prostitute would answer the description of a public prostitute unless she be kept by some person exclusively in which, case she can be said to be kept by that person and to be not available for the purposes of prostitution to others. The expression prostitute itself means a woman who offers her body to indiscriminate sexual intercourse, especially for hire. Such a person would answer the description of a public prostitute also. We are therefore of opinion, as already mentioned, that this contention that the applicants are not proved to be public prostitutes is not sound. 7. In view of the above, we dismiss this and the connected revisions. This order will government Criminal Revi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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