Case Analysis

Case law: Vishal Jeet vs. union of India

Introduction:

The case primarily deals with the prominent issue of today’s time i.e. “trafficking of
women and children”. In this case a PIL (public interest litigation) was filed by a
social worker to find out what kind of sexual exploitation is done with girls and
women in flesh trade. Also the PIL wanted to find out that whether Supreme Court
had taken any steps regarding this matter or in prevention of it.

Issue:

 To find out whether Supreme Court issued any guidelines or not?

Facts:

The PIL filed by the petitioner is filed under section 32 of the constitution of India.
He wanted to seek certain favors from the Supreme Court of India like to inquire
against the police officer under whom the flesh trade was happening and also the
places where the practices like devadasi and jogin system were flourishing.
Secondly, he wanted to the court to provide rehabilitation to the victims of forced
prostitution, so that they can consider themselves back as part of this society, by
giving them a dignified way of life. At last they wanted to bring back the children of
the female prostitutes so that they could be saved from this malady and to give
them quality life which is completely different from what they have seen.

The petitioner raised his point based on several factors. Some of the factors cited
by him are that some girls and women have also confessed about their unpleasant
and shocking tales of sex which they have gone through and even in some cases
dead bodies were found which were completely in a tethered condition. He further
stated that in some cases, the children are forced to live this suffocation and
humiliating life as they have no other option than to surrender. This leads them to
surrender their whole body to the dirt and sometimes even to the sexists act. He
also stated the fact that even some states till now practice this concept of
trafficking of human beings and this should now be brought to an end.

In furtherance to this, he filed 9 affidavits which were to be sworn by 9 girls who

claim to be residing in those brothels and other 9 girls who were afraid to sign the
affidavit due to the oppression by the brokers.
Ratio:

The court while pronouncing the judgement of this PIL said that it was neither
possible nor practical to give a common judgement of this issue. Imposing of higher
and severe punishments would also not suffice as this practice has already been
embedded in the society from the past many years and also many of the children
are unwilling participants to this malignity. So, without any reason punishing them
would also amount to a crime. The court in the judgement explicitly stated that it
always has to take a serious note of these cases as they are of public importance
and about the safety of women and children and they can inflict punishment only on
the basis of proof of such offences. This flesh trade practice can be suppressed and
eradicated from the society only when the legal authorities take some severe legal
actions against the brothels owners and brokers who bring these children to these
places. It directed the central and state governments to form an advisory
committee which would make welfare programs which need to be implemented
properly in order to rehabilitate the victims of prosecution and also to give them a
secure environment where they would feel safe. This committee would also be able
to give suggestions regarding amending the old laws and also for the enactment of
new laws regarding sexual exploitation. This committee would also look for ways to
curb the practice of devadasi and jogin system. This initiative by the state and
central governments would help in bringing down the malignity of this offence.

Conclusion:

By this case we can see that courts play a vital role in protecting rights of women
and children by issuing guidelines and taking preventive measures. The Public
interest litigation filed by the social activist has been realized successfully as it
brings the issue of flesh trade and trafficking of women and children to highlight.
This issue cannot be tackled or prevented on individual level. Every member of the
society including the governments has to contribute to this devastating problem by
forming strict laws relating to this and helping the victims to rehabilitate and bring
them back to the society, so that they can live a dignified life away from the threats
of prostitution and trafficking.