Syllabus: GS2/ Polity and Governance
Context
- The Bombay High Court quashed a one-year detention order of an adult woman rescued during a police raid under the Immoral Traffic (Prevention) Act, 1956 (PITA).
The Immoral Traffic (Prevention) Act, 1956 (PITA)
- Section 17: PITA lays down strict timelines to ensure that rescue does not result in prolonged or arbitrary confinement. Immediately after rescue;
- A person may be kept in temporary safe custody for a maximum of 10 days if production before a magistrate is not immediately possible.
- After production before the magistrate, an inquiry is mandatory, during which interim custody can continue up to three weeks.
- Long-term placement (1–3 years): Permissible only if the magistrate records a finding that the person is “in need of care and protection.”
- Protective Home vs Corrective Institution:
- Protective Home (Section 2(g)): It is intended for care, rehabilitation, and support of victims of trafficking.
- Corrective Institution (Section 2(b) read with Section 10A): It is meant exclusively for offenders convicted under PITA. It involves detention for correction following a finding of guilt.
Key Observations of Court
- PITA is not punitive towards victims: The Act is aimed at preventing sexual exploitation and trafficking, not at punishing victims.
- Personal liberty has primacy: Any restriction must pass the test of Articles 19 and 21 of the Constitution.
- Fundamental freedoms do not stand suspended merely because a person has been trafficked.
- Poverty, lack of livelihood, or absence of family or caretakers may justify the need for state support and rehabilitation, but cannot be used as a legal basis to curtail the personal liberty of an adult.
- Consent is central for adults: Once an adult expresses a clear wish to leave a protective home, continued confinement becomes detention, not care.
- Key Legal Principle Established: “PITA 1956 was not meant to punish a victim of sexual exploitation.
- The victim cannot be subjected to unreasonable restrictions on the basis of bald assertion that she may again indulge in immoral acts.”
Way Ahead
- Strengthening Non-custodial Support: Expand access to community-based rehabilitation, including temporary shelters, counselling, legal aid, and skill development, without compulsory institutionalisation.
- Capacity Building of Law Enforcement: Train police and judicial officers to adopt a victim-centric and constitutional approach, avoiding moralistic or paternalistic assumptions.
- Legal Awareness for Survivors: Promote awareness among rescued persons about their legal rights, choices, and available support mechanisms, enabling informed decision-making.
Source: IE
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