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K. Amarnath S/O O.K. Prasad Vs. the Collector and District Magistrate ...

Court : Andhra Pradesh

Reported in : 2004(2)ALD(Cri)531; 2004(6)ALT54; 2005CriLJ843

..... the contention that wrong enactment has been mentioned in the detention order as well as the grounds annexed therewith merits no consideration for the reason that in the act 1 of 1986 there has been a reference to immoral traffic in women and girls act, 1956 and the title of the said act was subsequently substituted by act 44 of 1986 as immoral traffic (prevention) act, 1956 with effect from 26.01.1987. ..... 935/2003 under sections 3 and 4 of the immoral traffic (prevention) act, 1956 (for short 'the act, 1956) and has been indulging in prejudicial activities as defined in clause (i) of section 2 of the act 1 of 1986 and, therefore, recourse to normal legal procedure would involve more time and would not be an effective deterrent to prevent her from indulging in such prejudicial activities further and with a view to prevent her from acting in any manner prejudicial to the maintenance of public order, the provisions of the act 1 of 1986 should be invoked to detain ..... of detention; (iii) the fact that the detenue was released on bail in all the cases was omitted to be mentioned in the grounds; and (iv) finally the detenue has not been prosecuted under the provisions of the immoral traffic in women and girls act, 1956 in any of the cases and, therefore, such an order is vitiated having been passed on irrelevant and non-existent grounds.15. .....

Sahyog Mahila Mandal and anr. Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : (2004)2GLR1764

..... two petitions raising common questions seek to challenge the provisions of sections 7(1)(b), 14 and 15 of the immoral traffic (prevention) act, 1956 on the ground that they violate the fundamental rights guaranteed under articles 14, 19 and 21 of the constitution ..... hereby order as under:(i) the provisions of section 7(1)(b) of the immoral traffic (prevention) act, 1956 do not violate articles 14, 19(1) (d) (e) (g) or article 21 of the constitution of india;(ii) the notification dated 23.2.2000 issued by the commissioner of police, surat under section 7(1)(b) is legal and valid and does not violate any fundamental rights guaranteed by articles 14, 19(1) (d) (e) (g) or article 21 of the constitution;(iii) the provisions of section 14 making any offence punishable under the act to be deemed to be a cognizable offence and empowering special police ..... dated 23.2.2000 issued by the police commissioner under section 7(1)(b) of the said act reads as under:-'notification under the section 7(1)(b) of immoral traffic (prevention) act, 1956.no.p.c.b. ..... air 1962 sc 63 was cited for the proposition that the expression 'police duties' in section 2(i) of the suppression of immoral traffic in women and girls act, 1956 included all the functions of the police in connection with the purpose of the act and, in the special context of the act, they will include the detection, prevention and investigation of offences and the other duties which have been specially imposed on them under the act. .....

Gaurav JaIn Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1997SC3021; 1997(2)ALD(Cri)199; 1998(3)ALLMR(SC)433; 1997(2)Crimes40(SC); JT1997(6)SC305; 1997(4)SCALE657; (1997)8SCC114; [1997]Supp2SCR105

..... section 2(a) of the immoral traffic (prevention) act, 1956 (for short, the 'itp act') defines 'brothel' to mean any house, room, conveyance or place or any portion of any house> room, conveyance or place which is used for purpose of sexual exploitation or abuse, for the gain of another ..... act is now called as immoral traffic (prevention) act, 1956 ..... with meaningful action imperatives, apart from the administrative action which aims at arresting immoral traffic of women under itp act through inter-state or interpol arrangements and the nodal agency like the cbi is charged to investigate and prevent such crimes. ..... traffic in human beings and forced labour and makes it punishable under suppression of immoral traffic in women and girls act, 1956 which is renamed in 1990 as the immoral traffic (prohibition) act (for short, the 'itp act ..... in pursuance to international conventions for the suppression of traffic in persons and of the exploitation of the prostitution of others signed at new york on may 9, 1950, the parliament enacted the suppression of immoral traffic in women and girls act, 1956. ..... of the act it was felt that enforcement of the act had not been effective enough to deal with the problems of immoral traffic in all ..... state parties to breathe life into the dry bones of the constitution, international conventions and the protection of human rights act, to prevent gender-based discrimination and to effectuate right to life including empowerment of economic, social and cultural rights. .....

Prerana Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2003BomCR(Cri)481; (2003)2BOMLR562; 2003(2)MhLj105

..... (b) a magistrate before whom persons rescued under the immoral traffic (prevention) act, 1956 or found soliciting in a public place are produced, should, under section 17(2) of the said act, have their ages ascertained the very first time they are produced ..... (c) any juvenile rescued from a brothel under the immoral traffic (prevention) act, 1956 or found soliciting in a public place should only be released after an inquiry has been completed by the ..... title of the said act was changed to the immoral traffic (prevention) act, 1956 ('pita' for short ..... arrested accused were charged under sections 3, 4 and 7(2)(a) of the immoral traffic (prevention) act, 1956 ('pita' for short) under c. r. no. ..... advocate can appear before the child welfare committee onbehalf of a juvenile produced before the child welfare committee afterbeing rescued under the immoral traffic (prevention) act, 1956 or foundsoliciting in a public place. ..... appearing for a pimp or brothel keeper is barred fromappearing in the same case for the victims rescued under the immoraltraffic (prevention) act, 1956. 38. ..... the suppression of immoral traffic in women and girls act, 1956 was a step in ..... increasing world wide awareness of the problems of children particularly, problems of a girl child and various world conventions resolving to take measures to put an end to immoral traffic in children to some of which, india is a party, the legislature enacted the juvenile justice (care and protection of children) act, 2000 ('jja' for short). .....

Nilofar and Nilam Usman Shaikh Vs. the State of Gujarat

Court : Gujarat

Reported in : (2004)3GLR2630

..... defining brothel of the immoral traffic (prevention) act, 1956, are under:'6. ..... . 9 of the immoral traffic (prevention) act, 1956 are missing and that no charge can be framed against the present applicants ..... . 9 of the immoral traffic (prevention) act, 1956, even as per the term ..... the immoral traffic (prevention) act, 1956 ..... 6 of immoral traffic (prevention) act, 1956, and could not be established by the prosecution at even prima-facie stage nor two above mentioned ..... their applications for discharge at least in respect of sections 6 and 9 of the immoral traffic (prevention) act, 1956. ..... the immoral traffic (prevention) act, 1956.5. ..... immoral traffic (prevention) act, 1956 ..... 9 of the immoral traffix (prevention) act, 1956, as has ..... impossible to hold that a person who instigates another to assist a woman following the profession of a prostitute abets him to do an act with intent that she may nor with knowledge that she will be seduced to illicit intercourse.'19 ..... . 366 of the indian penal code is 'properly applicable to the first act of illicit intercourse, unless there be proof of a return to chastity on the part of the girl since the first act' is having regard to the object of the legislature unduly restrictive of the content of the expression ' ..... such person, for it cannot be said that the person who assists a girl accustomed to indulge in promiscuous intercourse for money in carrying on her profession acts with intent or knowledge that she will be forced or seduced to illicit intercourse .....

Indian Hotel and Restaurants Association (AHAR), an Association duly r ...

Court : Mumbai

Reported in : 2006(3)BomCR705

..... enacted laws on the same subject including indian penal code, immoral traffic (prevention) act, 1956 juvenile justice act and the code of criminal procedure so as to prevent obscenity, indecency, depravity or immorality as well as exploitation of women including minor girls the ..... and under the bombay police act for obscene and vulgar dancing have been registered under sections 33(w) and section 110 of the bombay police act as also under the provisions of the immoral traffic (prevention act) 1956 ..... . figures for cases regarding immoral trafficking (prevention) act 1986, shows that ..... distinct classes, as the dances which are restricted in the prohibited establishments, have distinct traits and characteristics of their own.however, considering that the object of the legislation is to prevent dances which are obscene, vulgar or immoral and hence derogatory to the dignity of women and to prevent exploitation of women, we find that there is no nexus between the classification and the object of ..... club' or 'gymkhana' means an establishment registered as such under the provisions of the bombay public trusts act, 1950, or the societies registration act, 1860 or the companies act, 1956, or any other law for the time being in force.2. ..... . the main purpose and true intent and aim, object and scope of the act is to prevent self-medication or self-treatment and for that purpose advertisements commending certain drugs and medicines have been prohibited...the court then proceeded to observe that:freedom of .....

Public at Large Vs. the State of Maharashtra and ors.

Court : Mumbai

Reported in : 1997(4)BomCR171

..... this court and/or well-meaning citizens raising their voice is no answer to the duty cast on the state by the immoral traffic (prevention) act 1956 to weed out the obnoxious trade. ..... though the immoral traffic (prevention) act, 1956 act contains provisions for closing down brothels no attempts had been made to close them down though they are functioning and known to ..... were joined as respondents, were directed to show cause why appropriate actions under sections 366, 366-a of the indian penal code and sections 5 and 6 of the suppression of immoral traffic in woman and girls act, 1956 were not being taken.certain other directions were also given as it was alleged that girls who were rescued from brothels were not provided with any police protection by the police authorities ..... mohini mathur, president of maharashtra state branch of indian council of social welfare in a paper 'role of police and ngos in preventing minor girls from coming into prostitution' present at the workshop on prevention of child prostitution and rehabilitation held on november 17, 1996 has identified the contributing main reasons of trafficking in women and children as ..... it happens, and perhaps it happens on a much larger scale than innocent members of this house may be aware - in what is known as white slave traffic, namely, the buying and selling of young women for export or import, from one set of countries to another; and their permanent enslavement or servitude to an owner or proprietor of the establishments .....

Shalu Rawal and ors. Vs. State of N.C.T. of Delhi and ors.

Court : Delhi

Reported in : 2003IIIAD(Delhi)552; 104(2003)DLT550; 2003(68)DRJ463; 2003(2)JCC1016

..... the learned acmm in his order observed that from the material placed on record commission of offences under sections 3,4,5 of immoral traffic (prevention) act 1956 against accused sandeep suri and accused shalu and under section 8 of the immoral traffic (prevention) act 1956 are prima facie made out against other accused persons,namely, rajni madan, ritu tomer, sapna, rajani sandhu, vimal and sheetal. ..... 445 dated 29.4.2000 under sections 3, 4, 5 & 7 immoral traffic (prevention) act, p.s. ..... the manager of the parlour, shalu who produced six girls for prostitution had committed offences under sections 3,4, 5 & 7 immoral traffic (prevention) act. ..... 445/2000 under sections 3, 4, 5 & 8 of the immoral traffic (prevention) act, p.s. ..... he submitted that it is uncommon feature to conduct hymen test under itp act. ..... accused persons were summoned with notice to their sureties to face trial for offences under the aforesaid provisions of the act.13. .....

Smt Munni W/O Kita @ Kesu Dhanvat Vs. State of Maharashtra and anr.

Court : Mumbai Nagpur

..... the petitioner questions the orders dated 26/11/2010 and 14/01/2011 passed by the learned judicial magistrate in crime no.4280 of 2010, under section 3, 4,5,and 7 of the immoral traffic (prevention) act, 1956 ("pita" in short ) and the order dated 14/02/2011 passed by the learned sessions judge, nagpur in criminal appeal no. ..... (b) a magistrate before whom persons rescued under the immoral traffic (prevention) act, 1956 or found soliciting in a public place are produced, should, under section 17(2) of the said act, have their ages ascertained the very first time they are produced before him. ..... (c) any juvenile rescued from a brothel under the immoral traffic (prevention) act, 1956 or found soliciting in a public place should only be released after an inquiry has been completed by the probation officer. ..... (f) no advocate can appear before the child welfare committee on behalf of a juvenile produced before the child welfare committee after being rescued under the immoral traffic (prevention) act, 1956 or found soliciting in a public place. ..... (g) an advocate appearing for a pimp or brothel keeper is barred from appearing in the same case for the victims rescued under the immoral traffic (prevention) act, 1956." 6. ..... immoral traffic (prevention ) act (104 of 1956) pita deals with trafficking in relation to prostitution that pertains to children below the age of 18. .....

P.N. Swamy, Labour Liberation Front, Mahaboobnagar Vs. Station House O ...

Court : Andhra Pradesh

Reported in : 1998(1)ALD755; 1998(1)ALD(Cri)283; 1998(2)ALT(Cri)411

..... that the government should take proper steps to ensure implementation of the provisions of the immoral traffic (prevention) act, 1956 (for short 'act 104 of 1956) to erase the flesh trade in mehaboob-ki-mehindi area to retrieve the dignity of ..... the act, 1956 obligates the magistrate to summon a panel of five respectable persons, three of whom shall, wherever practicable, be women, to assist him; and may, for this purpose, keep a list of experienced social welfare workers, particularly women social welfare workers, in the field of suppression of immoral traffic in ..... supervise and guide special police officer and police officers dealing with the crimes under the act in the twin cities of hyderabad and secunderabad and also nominate such superior police officer in each district- we further direct that the government may also appoint an advisory body as provided under section 13(3)(b) of the act, 1956 consisting of renowned social workers so as to help the special police officer who is ..... a permanent special police officer as contemplated under section 13 of the act, 1956 identifying the areas and also appoint an advisory body on permanent basis in terms of section 13 of the act, 1956 for the twin cities hyderabad and secunderabad and also for each district. ..... and maintaining the protective/ welfare homes has been laid down by the supreme court in the above decisioa the act, 1956 is enacted to curb the commercial activity in sex and for rescuing the innocent and illiterate prostitutes. .....