File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Prostitution is Not an Offence-A B C v The state of Maharashtra

The Petitioners were three women, aged 20, 22, and 23 respectively who were caught in a trap laid by the social service branch of Mumbai Police on 19th September 2019 from Chincholi Bunder near Malad. They became victims in connection with a case registered under the Immoral Traffic (Prevention )Act, 1956.

A Metropolitan Magistrate detained them in a women's hostel in Uttar Pradesh as it was found in a  probation report that they were from a particular community "BEDIYA" wherein a custom prevails that a girl, after attaining puberty is sent for prostitution.

Since the guardian has no objection for the victim girls to spend their lives as prostitutes, it would not be safe to hand over the custody to them. The magistrate also outrightly refused to hand over the custody of the three sex workers to their mothers stating that it was not in their best interest.  

Bombay High Court set aside the order of the Metropolitan Magistrate and observed that Prostitution is not a criminal offence under the law.  The single bench of Justice Prithviraj K. Chavanobserve that prostitution has not been made an offence under the Immoral Traffic (Prevention) Act, 1956 and that an adult woman has the right to choose her vocation.

There is no provision under the law which makes prostitution per sea criminal offence or punishes a person because he/she indulges in prostitution. What is punishable under the Act is sexual exploitation or abuse of a person for commercial purpose and to earn the bread.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly