Public interest litigation is not adversorial in nature but is one of cooperation and coordination between the three wings of the State and the coordination and it is the constitutional duty of this Court to ensure enjoyment of the fundamental rights by all citizens and in particular the poor and deprived social segments and in case of violation thereof, to prevent the same by giving appropriate directions in that behalf.
In aid thereof, Supreme Court has been armed by 'Article 142 of to pass such orders as may be necessary for doing complete justice in a cause or pending matter before it. An order so made shall be enforceable throughout the Territory of India.
Article 142 speaks of doing complete justice in a cause. The arm of the Court is long enough to reach injustice. Denial of the constitutional rights to the unfortunate fallen women outrages the quest for justice and pragmatism of constitution ethos which constrain me to avail Article 142 of the Constitution of India to direct the Union of India as well as all State Governments to evolve, after in depth discussion at Ministerial level conference, such procedures and principles or programmes, as indicated in this Order, as guidance would help rescue and rehabilitate the fallen women. Otherwise, the fundamental and human rights remain pious platitudes to these miserable souls crushed in the cruel .flesh trade with grinding poverty in the evening of their lives. Generally, Article 142 may not be invoked before the difference of opinion is resolved in an adversorial litigation and in a keenly contested matters of even public interest litigation in particular, of recent type cases. However, in the cases of the type in hand, where there would be no controversy on human problems of most unfortunate women which require their careful planning, rescue and rehabilitation, the exercise of the power under Article 142, even by a single member of the Bench, may be appropriate and efficacious to enforce fundamental and human rights of large number of neglected and exploited segments of the society. Society is responsible for a woman's becoming victim of circumstances.
The society should make reparation to prevent trafficking in woman, rescue them from red light areas and other areas in which the women are driven or trapped in prostitution. Their rehabilitation by socio-economic empowerment and justice, is the constitutional duty of the State. Their economic empowerment and social justice with dignity of person, are the fundamental rights and the Court and the Government should positively endeavour to ensure them.
Thus considering the substratum of the judgment prepare by my learned brother relating to children of the prostitutes and establishment of the juvenile homes Supreme Court would concur with the directions being issued by him in his order. Supreme Court recorded its respectful dissent on the question of prostitution and the directions proposed to be issued on that account and also. In the circumstance what my learned brother has to say on the directions proposed to be issued referring to the provisions of Articles 142 and 145(5) of the constitution