SC directs state govts to conduct surveys for release of adult women from ITPA Protective Homes detained against their will
Sep 03, 2022
New Delhi [India], September 3 : The Supreme Court on Saturday directed the state governments to conduct a survey in accordance with the recommendation made by a court-appointed panel to ensure release of adult women from Immoral Traffic Prevention Act (ITPA) Protective Homes, who are detained against their will.
A bench of justices BR Gavai and CT Ravikumar directed the state governments to conduct the survey as per its recommendation.
The court on May 19, 2022 had accepted certain recommendations made by SC-appointed panel.
According to one of the recommendations, it was suggested that "state governments may be directed to do a survey of all Immoral Traffic (Prevention) Act (ITPA) Protective Homes so that cases of adult women, who are detained against their will can be reviewed and processed for release in a time-bound manner."
"We, therefore, direct the State Governments to conduct a Survey in accordance with recommendation No.(iv) and submit a report to this Court within a period of 12 weeks from today," the court said in today's order.
The court said that the report shall be submitted on the basis of an affidavit filed by the Secretary of the concerned department in the respective State governments.
Senior counsel Anand Grover, appearing for the respondent, submitted that a survey as directed by this court, has not been done by the state governments.
Earlier, a SC-appointed panel recommended various guidelines including one that "Whenever there is a raid on any brothel, since voluntary sex work is not illegal and only running the brothel is unlawful, the sex workers concerned should not be arrested or penalised or harassed or victimised."
But the Government of India had raised certain reservations in respect of the recommendations that are made by the panel including that voluntary sex work is not illegal and only running the brothels is unlawful and not to take action against sex workers.
A panel was constituted with Pradip Ghosh as the Chairman of the panel, Jayant Bhushan, Senior counsel, Usha Multipurpose Co-operative Society through its President/Secretary, Durbar Mahila Samanwaya Committee through its President/Secretary, and Roshni through Saima Hasan by the top court on July 19, 2011.
After conducting a detailed discussion with all the concerned stakeholders, the panel submitted a comprehensive report on the terms of reference.
The panel had recommended various guidelines including 'sex workers are entitled to equal protection of the law and when it is clear that the sex worker is an adult and is participating with consent, the police must refrain from interfering or taking any criminal action'.
