Prostitution not a crime if sex worker not forced into it: Gujarat HC
7 years, 10 months ago

Prostitution not a crime if sex worker not forced into it: Gujarat HC

India TV News  

Prostitution not a crime if sex worker not forced into it: Gujarat HC In a significant ruling, the Gujarat High Court on Friday said that if a sex worker is engaged in prostitution of her own volition, and not due to any inducement, force or coercion then a criminal case is not maintainable against her. In a significant ruling, the Gujarat High Court on Friday said that if a sex worker is engaged in prostitution of her own volition, and not due to any inducement, force or coercion then a criminal case is not maintainable against her. According to a report in Times of India, the High Court gave the ruling while interpreting provisions of Section 370 of the Indian Penal Code. The High Court quashed charges under Immoral Traffic Act against Vinod Patel holding that they are not maintainable because he was not part of the racket which ran prostitution and earned by exploiting sex workers.

Court Sex Gujarat Ipc Patel Worker Sex Worker Section 370 Hc Prostitution  370  sex  crime  worker  high  hc  prostitution  court  ruling  maintainable  case  gujarat  forced

History of this topic

S.7(1) Immoral Trafficking (Prevention) Act | Persons Who Carry Out Prostitution As Well As Those Who Engage As Customers Are Liable: P&H HC
7 months, 1 week ago

S.7(1) Immoral Trafficking (Prevention) Act | Persons Who Carry Out Prostitution As Well As Those Who Engage As Customers Are Liable: P&H HC

Live Law  

The Punjab & Haryana High Court has refused to quash an FIR lodged under the Prevention of Immoral Trafficking Act against a man who was found in an objectionable position with a woman in a spa allegedly running prostitution. Section 7 of the Immoral Trafficking Act, 1956.A bare reading of the. The Court was hearing a plea of the man …

'Rape is rape even if committed by a husband against wife': Gujarat HC
1 year, 3 months ago

'Rape is rape even if committed by a husband against wife': Gujarat HC

Op India  

Amid a series of pleas arguing for the criminalisation of marital rape pending before the Supreme Court, the Gujarat High Court in its recent order observed that rape is rape even if it is committed by a husband against his wife. In its 8th December order, a single-judge bench of Justice Divyesh Joshi highlighted that marital rape is illegal in …

Gujarat High Court Backs Centre's Policy Denying Entry In India To Foreigners Convicted For Sexual Offences
2 years, 2 months ago

Gujarat High Court Backs Centre's Policy Denying Entry In India To Foreigners Convicted For Sexual Offences

Live Law  

The Gujarat High Court recently came in support of Centre's policy refusing entry in India to foreigners convicted of rape or foreigners who are found to be morally depraved. It was submitted that communication dated 27.12.2022 was issued under para 6 of the Foreigners Order 1948 and the power to refuse permission to enter India can be issued if, amongst …

Brothel Customers Indulging In Sexual Intercourse With Prostitutes Can't Be Booked Under Immoral Traffic Prevention Act: Andhra Pradesh HC
2 years, 7 months ago

Brothel Customers Indulging In Sexual Intercourse With Prostitutes Can't Be Booked Under Immoral Traffic Prevention Act: Andhra Pradesh HC

Live Law  

The Andhra Pradesh High Court has quashed criminal proceedings initiated against a brothel customer under Immoral Traffic Act, 1956. A bench of Justice Ninala Jayasurya reiterated the settled legal position that a customer who visited the brothel to have sexual intercourse with a prostitute on payment of cash is not liable for prosecution for the offences under Sections 3, 4 …

Sex workers entitled to rights but can’t claim special treatment: HC
2 years, 7 months ago

Sex workers entitled to rights but can’t claim special treatment: HC

Hindustan Times  

New Delhi: A sex worker is entitled to all rights available to a citizen but she cannot claim special treatment on violating the law, the Delhi high court has said while denying bail to a woman accused of human trafficking and flesh trade. HT Image “No doubt, a sex worker is entitled to all rights available to a citizen, but …

'Not Living On Earnings Of Sex Workers': Calcutta High Court Quashes Proceedings Against Brothel Customer
2 years, 9 months ago

'Not Living On Earnings Of Sex Workers': Calcutta High Court Quashes Proceedings Against Brothel Customer

Live Law  

The Calcutta High Court on Monday held that a customer merely visiting a brothel for sexual pleasure cannot be held liable for offences under the Immoral Traffic Act 1956. Justice Ajoy Kumar Mukherjee underscored that what is punishable under the Act is sexual exploitation or abuse of a person for commercial purpose and to earn the bread thereby, keeping or …

Sex Workers in India are Harassed, Exploited; Supreme Court Order Gives Them Power to Fightback
2 years, 9 months ago

Sex Workers in India are Harassed, Exploited; Supreme Court Order Gives Them Power to Fightback

News 18  

The Supreme Court’s recent order recognising sex work as a ‘profession’ is a big and progressive step towards reducing the vulnerability that sex workers face every day in India. Based on my interviews with sex workers’ children as well as with NGOs that strive to work towards a more humane condition for the women, there is relief following this new …

History of Indian courts ruling in favour of sex workers
2 years, 10 months ago

History of Indian courts ruling in favour of sex workers

India Today  

The Supreme Court issued a landmark order on Thursday stating that prostitution is a legal profession and sex workers must be treated with dignity. It also instructed investigating authorities to recognise sex workers as victims in cases under the act, saying, “In the course of an investigation, no sex worker exploited shall be arrayed as an accused.” The directives were …

Customers of Sex Workers Can’t be Prosecuted: AP HC After Hearing Plea of Accused in Brothel Raid
2 years, 10 months ago

Customers of Sex Workers Can’t be Prosecuted: AP HC After Hearing Plea of Accused in Brothel Raid

News 18  

While hearing a matter relating to a man who was made one of the accused in a case registered by Nagarampalam police after conducting raids on a brothel house in 2020, the Andhra Pradesh High Court held that a customer of sex workers is not liable for prosecution. The petitioner, who had moved the high court challenging the proceedings against …

Customer Of Prostitution Is Not Liable For Prosecution: Andhra Pradesh High Court
2 years, 10 months ago

Customer Of Prostitution Is Not Liable For Prosecution: Andhra Pradesh High Court

Live Law  

The petitioner filed a Criminal Petition under Section 482 CrPC and submitted that based on the information received, the police registered crime against the petitioner and after conducting the investigation, charge sheet was filed. The allegation against the petitioner was that at the time when police raided the brothel house, they found the petitioner there as customer who visited for …

Bombay High Court rules that Prostitution is not a criminal offence
4 years, 6 months ago

Bombay High Court rules that Prostitution is not a criminal offence

Op India  

The Bombay High Court made some interesting observations yesterday while hearing a matter relating to the detention of three women sex workers. Background of the Case The plea before the High Court had challenged an order passed by the Metropolitan Magistrate, Mazgaon in October last year under section 17 of the Act. What the High Court Said Considering the relevant …

Section 370 IPC Cannot Be Applied Against A Woman Who Herself Is A Victim Of Trafficking: Madhya Pradesh HC [Read Order]
4 years, 9 months ago

Section 370 IPC Cannot Be Applied Against A Woman Who Herself Is A Victim Of Trafficking: Madhya Pradesh HC [Read Order]

Live Law  

The Madhya Pradesh High Court recently held that a woman involved in prostitution is herself a victim of human trafficking and therefore, she cannot be charged for the offence of trafficking under Section 370 of IPC. The court observed that Section 370 of IPC provides that whoever, for the purpose of exploitation- recruits, transports, harbours, transfers, or receives, a person …

Does S.377 IPC Cover Non-Consensual Oral Sex On A Woman By Her Husband? SC Agrees To Examine
6 years, 8 months ago

Does S.377 IPC Cover Non-Consensual Oral Sex On A Woman By Her Husband? SC Agrees To Examine

Live Law  

While the Constitution Bench of the Supreme Court has reserved its verdict in the petitions challenging the constitutional validity of Section 377 of the Indian Penal Code, a woman has now approached the Court demanding that the provision be declared to include non-consensual oral sex on women as well.The petition came up before a Bench comprising Justice NV Ramana and …

Customers Of Brothel, Though Encourage Prostitution And Exploit Victims, Can’t Be Prosecuted: Karnataka HC [Read Order]
6 years, 9 months ago

Customers Of Brothel, Though Encourage Prostitution And Exploit Victims, Can’t Be Prosecuted: Karnataka HC [Read Order]

Live Law  

Though it is felt by this court that the customer virtually encourages prostitution, and exploit the victim for money, but in the absence of any specific penal provision, it cannot be said that he is liable for any prosecution for the above-said offences, the Court said.The Karnataka High Court, though reiterated the settled view that the customers of a brothel …

Customers Of Brothel, Though Encourage Prostitution And Exploit Victims, Can’t Be Prosecuted: Karnataka HC [Read Order]
6 years, 9 months ago

Customers Of Brothel, Though Encourage Prostitution And Exploit Victims, Can’t Be Prosecuted: Karnataka HC [Read Order]

Live Law  

Though it is felt by this court that the customer virtually encourages prostitution, and exploit the victim for money, but in the absence of any specific penal provision, it cannot be said that he is liable for any prosecution for the above-said offences, the Court said.The Karnataka High Court, though reiterated the settled view that the customers of a brothel …

Making marital rape illegal will remove destructive attitudes promoting it: Guj HC
6 years, 11 months ago

Making marital rape illegal will remove destructive attitudes promoting it: Guj HC

Deccan Chronicle  

Ahmedabad: The Gujarat High Court on Monday observed the "destructive attitude" that promotes rape in a marriage can be removed only by making marital rape "illegal". Hearing a petition filed by a doctor seeking quashing of an FIR of rape registered against him by his wife, Justice JB Pardiwala said the attitude that promotes rape in a marriage can be …

Marital rape not an offence but wife can sue husband for forced 'unnatural sex', observes Gujarat HC
6 years, 11 months ago

Marital rape not an offence but wife can sue husband for forced 'unnatural sex', observes Gujarat HC

Firstpost  

The Gujarat High Court on Monday observed that non-consensual intercourse by a husband cannot be dubbed as rape. Gandhinagar: The Gujarat High Court on Monday observed that non-consensual intercourse by a husband cannot be dubbed as rape. The complainant said that her husband forced her to have sexual intercourse with him against her wishes and that he would also subject …

Marital rape not an offence, says Gujarat High Court
6 years, 11 months ago

Marital rape not an offence, says Gujarat High Court

India TV News  

The Gujarat High Court on Monday observed that non-consensual intercourse by a husband cannot be dubbed as rape. The court made these observations in a case pertaining to a lady doctor's complaint of rape and physical harassment against her husband, who too happens to be a medical professional. Seeking rejection of her wife's complaint against him, the husband moved the …

Gujarat High Court ruling opens doors to legal changes, recognise rights of voluntary sex workers
7 years, 10 months ago

Gujarat High Court ruling opens doors to legal changes, recognise rights of voluntary sex workers

Firstpost  

Earlier this month, the Gujarat High Court made a commendable ruling that revolved around the vagaries of trafficking and sex work. It stated that clients of sex workers could be penalised under Section 370 of the Indian Penal Code ; however, the High Court provided a caveat that in cases where sex work is voluntary, Section 370 would not apply. …

Gujarat HC criminalises visiting brothels: Ruling could lead to harassment of voluntary sex workers, affect livelihood
7 years, 10 months ago

Gujarat HC criminalises visiting brothels: Ruling could lead to harassment of voluntary sex workers, affect livelihood

Firstpost  

The Gujarat High Court recently ruled that a person who avails of the services of a prostitute in a brothel is liable to be punished under Section 370 of Indian Penal Code. Differentiating voluntary sex work from coerced prostitution In its judgment, the high court noted that Section 370 would not apply where sex workers “engaged in prostitution of their …

Approaching ‘Voluntary’ Sex Worker Not A Crime, Says Gujarat HC [Read Judgment]
7 years, 10 months ago

Approaching ‘Voluntary’ Sex Worker Not A Crime, Says Gujarat HC [Read Judgment]

Live Law  

In a significant ruling, the Gujarat High Court has observed that Section 370 of the Indian Penal Code will have no application in a case wherein sex workers are engaged in prostitution of their own volition and not pursuant to any inducement, force or coercion.Justice JB Pardiwala partly quashed the FIR against a person, holding that the prosecution of the …

Women groups say no to prostitution ban: Why viewing India's sex workers as victims needs a review
8 years, 1 month ago

Women groups say no to prostitution ban: Why viewing India's sex workers as victims needs a review

Firstpost  

The government and NGOs’ myopic approach to prostitution often portrays the sex worker as a victim as opposed to acknowledging sex workers’ agency and right to livelihood. According to Seshu, who is currently working on a research study on sex work, the government and NGOs’ myopic approach to sex work often portrays the sex worker as a victim. It has …

In Kamathipura's lanes, legalisation of prostitution seems like a faraway debate
8 years, 9 months ago

In Kamathipura's lanes, legalisation of prostitution seems like a faraway debate

Firstpost  

On 26 May 2016, Amnesty International released a proposal calling for decriminalising the sex trade, highlighting the rape, violence, discrimination and extortion faced by sex workers all over the world. It’s no wonder then that most sex workers come from India’s poorest states, including West Bengal and Uttar Pradesh. In other words, sex workers travel as far as possible to …

Adult sex workers “participating with consent” should not be arrested: SC panel
9 years, 1 month ago

Adult sex workers “participating with consent” should not be arrested: SC panel

Live Law  

A Supreme Court Panel set up in 2011 has reportedly recommended that the Police must not interfere or take criminal action against adult sex workers “participating with consent”. “Whenever there is a raid on a brothel, since voluntary sex work is not illegal and only running the brothel is unlawful, the sex workers should not be arrested or penalized or …

A Muslim cannot be prosecuted for Bigamy (S.494 IPC) in the absence of UCC; Gujarat HC suggests to shun Polygamy which is a misinterpretation of Quran [Read Judgment]
9 years, 4 months ago

A Muslim cannot be prosecuted for Bigamy (S.494 IPC) in the absence of UCC; Gujarat HC suggests to shun Polygamy which is a misinterpretation of Quran [Read Judgment]

Live Law  

Polygamy is not encouraged in Islam and is an exception and not a Rule. It is for the maulvis and Muslim men to ensure that they do not abuse the Quranic injunctions to justify the heinously patriarchal act of polygamy in self-interest, the court observed.Gujarat High Court held that a Muslim cannot be prosecuted be prosecuted for Bigamy in the …

A Muslim cannot be prosecuted for Bigamy (S.494 IPC) in the absence of UCC; Gujarat HC suggests to shun Polygamy which is a misinterpretation of Quran [Read Judgment]
9 years, 4 months ago

A Muslim cannot be prosecuted for Bigamy (S.494 IPC) in the absence of UCC; Gujarat HC suggests to shun Polygamy which is a misinterpretation of Quran [Read Judgment]

Live Law  

Polygamy is not encouraged in Islam and is an exception and not a Rule. It is for the maulvis and Muslim men to ensure that they do not abuse the Quranic injunctions to justify the heinously patriarchal act of polygamy in self-interest, the court observed.Gujarat High Court held that a Muslim cannot be prosecuted be prosecuted for Bigamy in the …

Sex workers can't operate in any manner, Centre tells SC
12 years, 8 months ago

Sex workers can't operate in any manner, Centre tells SC

India TV News  

New Delhi, Jul 12: The Supreme Court on Thursday agreed to examine Centre's plea that sex workers should not be allowed to operate in the country under the cloak of working "with dignity" as suggested by a panel, since it would be contrary to the statute prohibiting the world's oldest trade. Appearing for the Centre, additional solicitor general P P …

Discover Related