SURAT, JUNE 1: Five months after the city police began targeting the State's only red light area in Chakla Bazaar here, the Bharatiya Patita Uddhar Sabha (BPUS) is all set to approach the National Human Rights Commission (NHRC) in protest against the booking of sex workers under the Prevention of Anti-Social Activities Act and the Prevention of Immoral Trafficking Act.More than 200 sex workers, pimps and even clients have been picked up since the Prevention of Crime Branch began its drives, coinciding with Police Commissioner Kuldip Sharma's transfer to the city.
Said Khairati Lal Bhola, national president of the body that champions the cause of sex workers, ``This will be the second time we're approaching the NHRC within a month. The arrest of a sex worker amounts to violation of personal dignity and human rights.''
The BPUS first approached the NHRC in connection with the 320-year-old Chakla Bazaar -- home to 4,000 sex workers -- on May 2, following which the human rights body sent retired directorgeneral of police P G J Nampoothiri to Surat. He has since submitted his report to the NHRC.
Quoting from the report on the red light areas of Gujarat, Maharashtra, Madhya Pradesh, Rajasthan and Goa, Supreme Court advocate and BPUS counsel Anil Kumar Jha told The Indian Express that the city police had misused both PASA and PITA in Chakla Bazaar.
The report reads: ``It is a fact that since the beginning of this year, police action has been more stringent. While in the last few years, minor sections of the law applied, now the provisions of PITA are being liberally used.''
It continues: ``... the application of Section 6 (of PITA) is open to question. As also whether all the ladies and men (sic) present at the time of the raid are liable to be taken as accused.''
Referring to a 1963 Supreme Court ruling in the Kharak Singh vs State of UP case, Jha said Singh had contended that though he was a hardened criminal, he had the right to life and dignity under Section 21 of the Constitution. ``TheSupreme Court upheld that contention,'' Jha said. ``It's exactly the case here.''
The Police Commissioner, however, was confident that the Chakla Bazaar action was in order. ``Applying the PASA and PITA is justified, since they were both ``habitual offenders'' (a prerequisite for the PASA) and practising prostitution near religious places, schools and hospitals (which attracts the PITA),'' Sharma said.
What the BPUS says:
PASA is meant for hardened criminals; PITA is actually meant to protect prostitutes. Both are being misused.
Rehabilitate sex workers or leave them alone. Arresting them will serve a negative purpose.
A 1963 Supreme Court judgment, safeguards the right to dignity and life.
What were the police doing for 320 years?What the police say:
Prostitution is illegal, will be cracked down upon.
Practising prostitution within 200 metres of educational institutions, hospitals and religious places, as in Chakla Bazaar, isillegal.
Those who live off the earnings of sex workers, solicit customers or work as sex workers are offenders.
PASA and PITA are being appropriately used in this case.Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.
Printer-friendly page