CASE ANALYSIS OF

VISHAL JEET V. UNION OF INDIA

TRAFFICKING OF WOMEN AND CHILDREN

BY

ANJU SINGH

2ND YEAR,

MANIKCHAND PAHADE LAW COLLEGE,

AURANGABAD, MAHARASHTRA

EMAIL ID - anjusingh.mynet@gmail.com

www.probono-india.in
 VISHAL JEET V. UNION OF INDIA1 CASE

BACKGROUND OF THE CASE

A Public Interest Litigation2 filed by a social worker to check sexual exploitation of child,
girls and women in flesh trade and prostitution and the Supreme Court issued direction to
take preventive steps to check and prevention from the flesh trade and exploitation of child,
girls and women.

BRIEF FACTS OF THE CASE

A Petitioner filed a writ petition in the Supreme Court under Article 32 of the Constitution of
India by the way of Public Interest Litigation seeking three directions for :
1. To establish a committee for inquiry against police officials under whose jurisdiction
Forced Prostitution as well as Devadasi system and Jogin traditions were flourishing,
2. To bring all the inmates of the forced prostitution and also those girls who are
engaged in ‘Flesh trade’ to protective homes of the states and to provide them
rehabilitation which means to enable them to choose a more dignified way of life and
3. To bring the children of those victims or prostitutes and other children found begging
in streets and roads and those victims who are forcefully prostitutes to give protective
homes and then rehabilitation of the victims of this malady.

ISSUE OF THE CASE

1. Whether the Supreme Court issues the guidelines or not?

ARGUMENT FROM THE APPELLANT

1. The petitioner has cited certain lurid tales of sex with sickening details alleged to have
been confessed by some children and girls either escaped or rescued from such abodes
of ill-fame.
2. These victims though unwilling to lead this obnoxious way of life have no other way
except to surrender themselves retreating into silence and submitting their bodies to
all the dirty customers including even sexagenarians with a plastic smile.

1
citations: 1990 AIR 1412, 1990 SCR (2) 861
 Bench: Pandian, S.R. (J)
2
Vishal Jeet v. Union of India case AIR 1990 SC 1412
 3. The petitioner states that this system and tradition which are still prevailing in some
parts of the country should be put to an end.
4. With this petition, the petitioner has filed 9 affidavits said to have been sworn by 9
girls who claim to be living in the brothel houses, pleading for rescue and a list of
names of 9 girls who are mortally afraid to swear the affidavits.

OBSERVATION BY THE SUPREME COURT

Supreme Court refused to give this type of guidelines and it stated that this malady is not only
a social but also a socio-economic problem and, therefore, the measures to be taken in that
regard should be more preventive rather than punitive. The Court observed that the stringent
and rehabilitative provisions of law under various Acts, it cannot be said that the desired
result has been achieved. The Supreme Court ordered an objective multi-dimensional study
and a searching investigation into the matter relating to the causes and effects of this evil and
requiring most rational measures to weed out the vices of illicit trafficking.
Simultaneously, the Court also said that Parliament already made the laws regarding all the
socio-economic offence. Instances:
 Article 233 which has been put under the caption 'Right against exploitation' prohibits 'traffic
in human beings and begat and other similar forms of labor' and provides that any
contravention of Article 23(1) shall be an offence punishable in accordance with the law. The
expression 'traffic in human beings' is evidently a very wide expression including the
prohibition of traffic in women for immoral or other purposes.
 In an implementation of the principles underlying Article 23(1) the Suppression of Immoral
Traffic in Women & Girls Act, 1956 has been enacted under Article 35 with the object of
inhibiting or abolishing the immoral traffic in women and girls.
The Government of India has also, in pursuance of these constitutional provisions of clauses
(e) and (f) of Article 394, evolved a national policy for the welfare of the children.
Parliament has passed an Act called "Suppression of Immoral Traffic in Women and Girls
Act, 19565 . This Act aims at suppressing the evils of prostitution in women and girls and
achieving a public purpose viz. to rescue the fallen women and girls and to stamp out the
evils of prostitution and also to provide an opportunity to these fallen victims so that they
could become decent members of the society. Besides the above Act, here are various

3
Fundamental Rights in Part of the Constitution of Law.
4
Directive Principles of State Policy under Part IV of the Constitution.
5
Now changed as “The Immoral Traffic (Prevention) Act 1956”.
provisions in the Indian Penal Code such as Sections 366-A (dealing with procuration of
minor girl), 366-B (dealing with an offence of importation of girl from a foreign country),
372 (dealing with selling of minor for purposes of prostitution, etc. ) and 373 (dealing with
the offence of buying minor for purposes of prostitution, etc.). The Juvenile Justice Act, 1986
which provides for the care, protection, treatment, development, and rehabilitation of
neglected or delinquent juveniles contains a specific provision namely Section 13 which
empowers a police officer or any other person or organization authorized by the State
Government in this behalf to take charge of any neglected juveniles and bring them before
the Board constituted under this Act which Board under section 15 has to hold an inquiry and
make such orders in relation to the neglected juveniles as it may deem fit in changed as "The
Immoral Traffic (Prevention) Act, 1956"
No denying the fact that prostitution always remains as a running sore in the body of
civilization and destroys all moral values. The causes and evil effects of prostitution
maligning the society are so notorious and frightful that none can gainsay it. Therefore, the
necessity for appropriate and drastic action to eradicate this evil has become apparent but its
successful consummation ultimately rests with the public at large.
In our view, it is neither practicable and possible nor desirable to make a roving inquiry
through the CBI throughout the length and breadth of this country and no useful purpose will
be served by issuing any such direction, as requested by the petitioner. However, it is neither
practicable and possible nor desirable to make a roving inquiry through the C.B.I. throughout
the length and breadth of the country and no useful purpose will be served by issuing any
such direction.
The Courts also in such cases have to always take a serious view of this matter and inflict
consign punishment on proof of such offences. Apart from legal action, both the Central and
the State 
Governments have got an obligation to safeguard the interest and welfare of the children and
girls of this country.
Lakshmi Kant Pandey v. Union of India6, and Gaurav Jain v. Union of India & Ors. 7, referred
to.
All the State Governments and the Governments of Union Territories should direct their
concerned law enforcing authorities to take appropriate and speedy action under the existing
laws in eradicating child prostitution without giving room for any complaint of remissness or
6
[1984] 2 SCC 244
7
AIR 1990 S.C. 292
culpable indifference. They should also set up separate Advisory Committees for making
suggestions for the eradication of prostitution, implementation of the social welfare programs
for the care, protection, treatment, development, and rehabilitation of the victims, and for 863
amendments of the existing law, or for the enactment of any new law for the prevention of
sexual exploitation of the children. These Governments should also devise machinery for
ensuring proper implementation of the suggestions of their respective committees.

DIRECTIONS GIVEN BY THE SUPREME COURT

In the end, the directions given by the Supreme Court of India:
1. Supreme Court states that both the Central and State governments should direct the
concerned law enforcing authorities to take their appropriate and speedy action under
the existing laws.
2. The Central and State Governments provide the adequate and rehabilitative homes to
victims to re-live the normal life.
3. They both should also set up their separate advisory committees for making
suggestions and valuable advice for the eradication of prostitution, devadasi system
and jogin traditions, and proper implementation by the government on the suggestions
of their respective committees.
4. The Court also states that the Central Government set up the committee on the
national level which works on the welfare programs for the care, social welfare,
protection, treatment development and rehabilitation of the victims and also for
amendments of the existing laws or enactment of any new law for the prevention of
sexual exploitation of the children. 
5. The government should take all necessary steps and should be speedy trials from the
prevention of prostitution, devadasi system, and jogin traditions.

OVERVIEW OF THE JUDGEMENT

The judgement given by the Supreme Court of India in a PIL passed an order on 2.5.1990 8,
after hearing the both side of the parties on the subject of “Child Prostitution” which stated
that the Central and State Government should set up the advisory committees to make
suggestions for the social welfare programs to be implemented for the care, protection and
rehabilitation of the child victims, to make suggestions of amendments of the existing laws
and for enactment of new laws for the prevention of sexual exploitation of children and
8
The order was passed by the SC regarding the case of Vishal Jeet v. Union of India AIR 1990 SC 1412
women, to examine the Devdasi system and Jogin traditions and give suggestions for their
welfare and give them care, protection and rehabilitation.
The Supreme Court gave directions to all Union and states in the country. These were also
communicated with each other and take measure step in accordance with the court order.

SUGGESTION
Judiciary is working hard to control child trafficking from its ground level. But there are
some issues which are left remain for judiciary must be carried out more sagaciousness. They
should carry out comprehensive surveys to identify the total number of child trafficking in the
country on the national level. Prosecutions must be initiated against all those who involved in
child trafficking use and against those who use threat and violence to retain children as
traffickers. Court have ensures the implementation of laws in the best interest of the child.
They have used very innovative methods to ensure justice to the child.

CONCLUSION
Court play a very vital role to promoting the rights of children. Public Interest Litigation has
been used beneficially to realize the protections the rights of children. Trafficking of women
and child is a comprehensive and social-ill. The problem of child trafficking cannot be
handled in isolation. But this problem can be stopped if the ringleaders are arrested too, and
in order to do so the police officers and the public have to become more conscious.
Government should make an effort to put an end up the child trafficking.
In this country, Non-Governmental Organizations can act an important role as a watchdog on
government programs, on their activities, implementation.

REFERENCES
 Lakshmi Kant Pandey v. Union of India
 Gaurav Jain v. Union of India
 Indian Penal Code by K D Gaur

ABOUT THE AUTHOR

I am Anju Singh, a second year student of M. P. Law College, Aurangabad pursuing LL.B.
(Hons.). Currently I have intern with Probono India in which contributing to society through
legal aid. I have interested in this area of law which attracts me a lot: Constitution law,
Criminal law, Corporate law.
I want to enrich my experience by interning in different field. I believe I will learn a lot under
your supervision and this internship will greatly help me in growing my legal perspective and
gaining a lot of experience as this internship differs in matters of legal fields in which I have
previously interned.
As a law student I acquire both breadth and depth of legal knowledge and it is also acquiring
a skill not only knowledge. I choose Law because it helps me in improving my standard of
thoughts, skills & knowledge. And it also provides me the courage & support on which I can
stand for the rights of others & my own.