Read Judgment :
The bench of Madras HC in criminal petition has recently observed that merely because the petitioner was in the place, which is alleged by the respondents to be a brothel being run by some person, the petitioner cannot be fastened with any penal consequence
Facts
The allegation against the petitioner was that he was present along with the sex workers at the time when the police part raided a massage centre. The petitioner then charged with section 370A (2) of the Indian penal code and under the provisions of the Immoral Traffic (Prevention) Act.
The Present criminal Petition filed under Section 482 of Cr.P.c., to call for the records and quash the FIR registered against the petitioner pending on the file of the respondent Police
Contention Made
The Present criminal Petition filed under Section 482 of Cr.P.c., to call for the records and quash the FIR registered against the petitioner pending on the file of the respondent Police
Contention Made
Petitioner: That doing sex work is not illegal and only running a brothel is illegal. The sex workers are engaged in prostitution on their own volition and not due to any inducement, force or coercion and, therefore, such acts are not liable for prosecution under Section 370 of the Indian Penal Code. Further, There is no material to show that the petitioner was involved in any sexual act at the said place and that the persons, who have been rescued from the said place, have made any allegation against any of the individuals, much less the petitioner
Court Observation
The bench referred & observed the decision of the Hon'ble Apex Court in Budhadev Karmaskar vs The state of West Bengal & Ors (2022 Live Law (SC) 525), assumes significance, wherein, the Hon'ble Apex Court has held that whenever any brothel is raided, sex workers should not be arrested or penalized or harassed or victimized and it is only the running of the brothel, which is unlawful.
Court Judgment
The HC held that: From the aforesaid decision, any sex worker, being an adult and indulging in sexual act with his/her own consent, the police authorities should refrain from taking action against such individuals. The act of the petitioner would not amount to an act of pressurizing the sex workers to commit acts against their volition.
Hence, all the proceedings against the petitioner stands quashed.
Case: Udhaya Kumar vsThe State and others
Citation: Crl. O.P No. 10334 of 2022
Bench: Justice N. Sathish Kumar
Decided on: 8th June, 22.
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