my ad unit

Thursday, September 29, 2011

Q.What are the constitutional provisions with respect to prevention of prostitution?

Ans. Articles 23 and 24 of Part III of the Constitution provide to every person the Fundamental Right against exploitation. Article 23 prohibits the traffic in human beings and practice of forced labor. This indicates  that  the person cannot be sold or purchased like trading goods. In Rajbahadur Vs. Legal Remem. benser (1953) the Supreme Court cstablished that the use of women and children for immoral activities shall be considered as traffic in human beings.
Keeping in view the provisions of Article 23, the Government of India enacted the Suppression of immoral Traffic in Women and Girls Act, 1956. But it generated a new controversy with two contradictions between the provisions of Article 23 and the freedoms guaranteed under Article 19. The controversy was decided by the High Court, Allahabad in Shamabal Vs. State of U.P. case in 1959. The court held that in a situation where the provisions of Article 23 come in conflict with the freedom provided under Article 19, the former shall prevail.

No comments:

Post a Comment