IF AN HIV POSITIVE WOMAN/VICTIM INVOLVED IN SEX WORK IS SET FREE - CAN POSE A GREATER DANGER TO SOCIETY

A Mumbai Court upheld a magistrate court's order of detaining an HIV positive woman/victim involved in sex work(allegedly) on the ground that setting her free might greater danger to society. The police caught the woman/victim while she was trying to carry out sex work, and the police charged her under the offence of the Immoral Traffic (Prevention) Act (PITA). The Magistrate court ordered two years of detention as she was found HIV positive u/s 17(4) of PITA (as per which the Magistrate can order a person in need of care to be sent to a protective home or custody).

In an appeal before the Dindoshi Sessions Court, the woman's father argued that she was never involved in sex work. However, the Additional Sessions Judge SU Baghele noted that prima facie facts and the first information report (FIR) reveal that she was involved in sex work. And therefore, she was considered a victim under the Act.

The Court found no substance in the submission that the victim being financially sound, is not likely to be involved in immoral activities. As per the FIR, the victim agreed to sex work at Rs 1 lakh. The Court further said that the victim needs to be detained in order to ensure that she leads a normal life after getting the necessary brainwash. Therefore, Judge Baghele warranted no interference.

Author: Papiha Ghoshal