1. Gaurav Jain Vs. Union of India,
AIR 1997 SC 3021
Gaurav Jain ---------------- Petitioner
V/s.
Union of India ----------------Respondent
Reference: AIR 1997 SC 3021
Subject: This case
is based on the Human Rights and Article 21 of the Indian Constitution in which
protection of the women sex workers and rehabilitation of their children have
been directed by the Government.
Facts of the case:
1. Gaurav Jain, who is an advocate in the Supreme Court, filed a public interest litigation in the Supreme Court under Article 32 of the Constitution of India after reading an article under the title of The society does not give anything to the children of the women sex workers in India' published in 'India Today', a magazine.
2. Shri Gaurav Jain prayed before the Supreme Court that Central, and the States be directed to decide for the rehabilitation of children, below sixteen years of age, of the women who are involved in sex trade.
3. So that their life should not be spoiled, and they do not destroy their future by indulging in pimping, drugging, thieving etc.
4. Shri Jain requested the Court that the writ of mandamus be issued to prevent the immorality of the children.
5. An arrangement be made for separate schools, hostels, hospitals, training centers etc. for them.
6. According to Article 1 of the Universal Declaration of Human Rights, all human beings are equal by birth, and they are equal in dignity and rights.
7. As per Article 2 of this Declaration, all persons have got a right for the rights of their children and freedoms.
8. There are several Articles in the Universal Declaration of the Hu- man Rights to provide rights to such children.
9. Thus, not only Human Rights but
Fundamental Rights of the children are also being openly infringed.
Supreme Court:
The Supreme Court held that it is the duty of the States and non-government organizations that they should find out the safeguards to pre- vent the women from indulging in such immoral profession and all out attempts should be made to prevent the children of the women's, who are already trapped in such profession, from joining the profession of their mothers and an arrangement should be made for their rehabilitation so that they be able to live with dignity which is a provision provided under Article 21 of the Constitution.
- -The Court has directed that they be provided the facility of education, they be provided job-oriented education and the articles manufactured by them be made available in the market.
- -If possible, their marriages be also arranged so that the problem of the child prostitutes be also solved.
- -The Court said that economic rehabilitation also plays an important role to relieve such women from the prostitution.
- -Non-government organizations can also play an effective role in this mission.
Judgment: The petition is disposed of accordingly.
Law laid down:
- -Human Rights are necessary for the dignity and honor of the physic of a human being.
- -The Human Resource and Welfare Department should take initiatives for the rehabilitation of the sex workers for their economic self-reliance.
- -A public interest litigation can be filed under Article 32 of the Constitution.
- Textbook on Human Rights Law and Practice by Rashee Jain
- International Law & Human Rights by Dr. H.O. Agarwal
- Human Rights by Michael Freeman
- International Human Rights Law by David Harris
- A philosophical Introduction to Human Rights by Thomas Mertens
- Human Rights Law by Howard Davis
- Human Rights A Very Short Introduction by Andrew Clapham
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