Gaurav Jain vs Union Of India & Ors on 9 July 1997

Introduction

This case is a public interest litigation by a public-spirited advocate regarding the rights of the children of sex workers.

Facts

Gaurav Jain, a public-spirited advocate filed public interest litigation in the supreme court on behalf of the sex workers. His contention was to provide separate schools for the children of prostitutes as they are deprived of proper education and rehabilitation, they are vulnerable to commercial exploitation and physical and sexual abuse. He prayed for providing separate hostels for these children so that they are away from the environment of abuse and they get an opportunity to learn and grow at par with the other children in the society and their childhood is protected. They have a right to free citizenship and dignity like any other human being and also should be protected from the flesh trade.
The court passed an order on 15-11-1989 whereby it was said that instead of providing separate hostels for them, they should be allowed to mingle with the other children in the mainstream society. Instead of disposing of the petition, a committee was formed comprising of S/Shri V.C. Mahaja, R.K. Jain, Senior Advocates, and others including M.N. Shroff, Advocate, as its Convenor to submit its report regarding appropriate actions be taken.

Issue

The main question that arose was what are the rights of the children of fallen women, the modules to segregate them from their mothers and others so as to give them protection, care, and rehabilitation in the mainstream of the national life? And as a facet of it, what should be the scheme to be evolved to eradicate prostitution

Judgment

It was held that there are constitutional provisions like article 23 and also statutes like the immoral traffic prevention Act 1956 in order to prevent prostitution. The state governments have to take proper action to irradicate prostitution and also to rehabilitate the women and children who fall into such traps.
This judgment would do justice to these children as they would not be deprived of their basic rights like the right to education, health, and most importantly, their right to life with dignity.

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