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The Mumbai High Court has ruled that sex work is not a crime. The Immoral Trafficking Prevention Act was enacted to prevent trafficking in women as sex workers.
Mumbai High Court Judge Prithviraj K Chauhan has said that adult women will have the right to choose their profession. The High Court also released three imprisoned sex workers in a home.
The judge said that no adult woman could be detained without her consent. The High Court said that the Immoral Traffic Prevention Act does not provide for prosecuting or punishing anyone for engaging in sex work. But it is a punishable offense to torture someone for sex work or to show the temptation to engage in sex work in public.
Police arrested three women and a man named Nizamuddin Khan for trapping a beehive at a guest house in the Malad area of Maharashtra.
During the hearing in the lower court, it became known that the three women belonged to the Vedic community. In Maharashtra, it is customary to send many women from that community to join the sex trade after a certain age.
The magistrate told the court that in this case, the parents can allow the girl to engage in sex work. Therefore, it is not safe to give the responsibility of the daughter to the mother. It was decided to keep the three women in a house in Maharashtra for a year.
The Court of Sessions also confirmed the judgment of the Magistrates Court. But the Supreme Court said no case had been brought against the three women. In that case, keeping them in the custody of any organization is pointless.
The High Court said the verdict showed that the three women were members of a particular community, which had affected the magistrate. He should have remembered that those three women were adults. They needed to be taken care of before being sent home. There is no evidence that they were tempted to engage in public sex work or run sex villages. As a result, having them at home doesn’t make sense.
Source: Times of India
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