Hyderabad: Justice U. Durga Prasad Rao of the Hyderabad High Court on Tuesday pointed out that none of the Sections or other provisions of the Immoral Traffic (Prevention) Act, 1956 described a customer as an offender.
While declaring that criminal proceedings against a petitioner who was a customer, would amount to abuse of process of law, the judge observed: “Before parting, I will be failing in my duty if I do not vent my view on the present enactment. Law or literature cannot have a more noble aim than depicting evil of society and suggesting eradicative measures.”
The judge felt that this was the reason why Telugu playwright Gurajada Appa Rao had penned Kanyasulkam, exposing the obnoxious practice of parents marrying their infant daughters to septuagenarians and octogenarians for money.
Quoting the ballad Kavitha o Kavitha, which advocates various sections of destitute in society, including prostitutes in Maha Prasthanam, written by noted writer Srirangam Srinivasarao (Sri Sri) , the judge said, “Viewing in the context, no doubt the Act, 1956 is a piece of legislation aimed at preventing trafficking of women.”
The judge added, “The point is whether the said noble aim can be achieved by merely making organisers of brothel houses and pimps as offenders while letting the customers of flesh trade go scot-free.
As the saying goes, ‘single hands can’t clap’, the vicious circle of immoral trafficking will not be completed without active participation of the flesh customers.“
“In my considered view, it is unwise to say that a customer who lurks day and night in search of hidden avenues to quench his sexual lust is a hapless victim of a crime to place him out of the reach of the law which is intended to eradicate the pernicious practice of immoral trafficking of women.”
While appealing through this judgment to the Legislature, the judge directed the Registry to transmit a copy of the judgement to the Union law minister for perusal.
HC reserves defection order
Justice Vilas V. Afzulpurkar of the Hyderabad High Court on Tuesday reserved his orders on maintainability of the petitions seeking to declare action on the chairman of Telangana State Legislative Council and the Speaker of Telangana State Legislative Assembly for not disqualifying five MLCs and three MLAs under the Anti-Defection rule.
Advocate general of Telangana state said that the matter should not be adjudicated when the disqualification applications are pending before the concerned chairman and Speaker.
Citing various Supreme Court judgments, he said judicial interference was not proper prior to the decision of the chairman and Speaker on the issue and there was limited scope for court interference in such issues.
