Police order banning prostitution in Nagpur locality challenged in HC

October 26, 2021 21:06

The Nagpur police commissioner's notification permanently prohibiting prostitution in Ganga Jamuna area of the city has been challenged in the Bombay High Court with the Nagpur bench directing that a writ petition filed in this regard be registered as a PIL.

Petitioner Mukesh Shahu, through his counsels Chandrashekhar Sakhare and Priti Phadake, challenged the Nagpur police commissioner's notification of October 25 claiming it violated the fundamental rights guaranteed under Articles 14, 19 of the Constitution.

The petitioner claimed the right to reside in the 'kholis', or rooms of the notified areas, is a fundamental right of prostitutes/sex workers and they cannot be prevented from occupying their residence, except in accordance of law.

Further, he contended that merely because these women were in the prostitution trade, it did not deprive them of their right to life and liberty, adding that prostitution, per se, was not a criminal offence and it was only when a prostitute operated within a notified area that an offence was committed.

Therefore, prostitutes can reside in the notified area and had a right to carry on their trade outside the notified area, the petition claimed.

The petitioner further submitted the provisions of Section 7(1)(b) of Immoral Traffic (Prevention) Act, under which the notification was issued, did not lay down any guidelines for the commissioner of police or the district magistrate while issuing an order notifying the area in which prostitution would be an offence.

He said the HC should quash the notification and direct the police to not enter the rooms of the prostitutes without their permission or a valid warrant.

The division bench of Justice Sunil Shukre and Justice Anil Pansare, in its order, said the writ petition be registered as a PIL.

The matter will now come up for hearing on November 17.

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