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4. The facts, which give rise to the present petition, may be shortly stated. On 16-5-2002, the Social Service Branch raided the brothel at Santacruz. Four persons, who are alleged to be brothel keepers/pimps, were arrested. Twenty-four females were rescued. The four 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. 00/02 (later converted to SP/LAC No. 20/2002 of 16-5-2002) by Social Service Branch. The twenty-four rescued females were not charged, but were taken into custody under Sections 15 and 17 of PITA for the purposes of ascertaining their age and family background.

5. The accused as well as the rescued females were produced before the learned Metropolitan Magistrate at Esplanade on 17-5-2002. The 3rd respondent appeared on behalf of the four accused. The accused were remanded to police custody and the rescued females were sent to the Government Special Rehabilitation Centre for Girls at Deonar so that they may be medically examined and enquiries be made about their parents and guardians. The learned Magistrate, in his order dated 17-5-2002, noted that the Investigating Officer as well as the Addl. Police Prosecutor had submitted that the detention of the rescued girls is necessary in the corrective home for further examination by medical officer and for making further enquiries about their parents and guardians. He also recorded that the 3rd respondent strongly opposed the application for sending the rescued girls to the corrective home at Deonar. The order indicates that the 3rd respondent argued that the concerned officer had not followed Sections 15 and 16 of the PITA and therefore the girls should be released immediately. So far as accused 1 to 4 are concerned, it appears that the 3rd respondent argued that their further interrogation is not necessary as the owner of the brothel was known to the officer and he can be called for interrogation at any time.

21. Various legislative measures have been taken to give effect to this intention. The Suppression of Immoral Traffic in Women and Girls Act, 1956 was a step in that direction. It was amended by Act No.44 of 1986. The title of the said Act was changed to the Immoral Traffic (Prevention) Act, 1956 ("PITA" for short). The purpose of this Act is to inhibit or abolish commercial vice namely, the traffic in persons for the purpose of prostitution as an organized means of living. We will refer to only the relevant provisions. Section 2(aa) of the PITA defines "child" to mean a person who has completed the age of sixteen years and Section 2(cb) defines "minor" to mean a person who has completed the age of sixteen years but has not completed the age of eighteen years. Section 2(f) states that "prostitution" means the sexual exploitation or abuse of persons for commercial purposes and expression "prostitute" has to be construed accordingly. Section 2(b) defines "corrective institution" to mean an institution in which persons who are in need of correction may be detained. Section 2(g) defines "protective home" to mean an institution in which persons who are in need of care and protection may be kept. The PITA provides for punishment for keeping a brothel or for allowing premises to be used as a brothel (Section 3), for living on the earning of prostitution (Section 4), for procuring, inducing or taking persons for the sake of prostitution (Section 5), for detaining a person in premises where prostitution is carried on (Section 6), for prostitution in or in the vicinity of public places and seduction of a person in custody (Section 7). Section 8 will have some relevance. It provides for punishment for seducing or soliciting for purpose of prostitution. Section 9 provides for punishment for seduction of a person in custody. Under Section 10A depending on circumstances, a female offender may be sent to a corrective institution for a term by a Court in lieu of sentence.

22. Section 14 makes offences punishable under the PITA cognizable. Under Section 15(4) a police officer is entitled to enter any premises if he has reasonable grounds for believing that the offence punishable under the PITA has been or is being committed in respect of a person. Under Section 15(5-A) any person who is produced before a Magistrate has to be examined by a registered medical practitioner for the purposes of determination of the age of such person, or for detection of any injuries as a result of sexual abuse or for the presence of any sexually transmitted diseases. Under Section 16 a Magistrate may direct that such a person be rescued from such a place and produced before him. Section 17 provides for intermediate custody of persons rescued under Section 15 or 16 and if such a person is in need of care and protection, the Magistrate can direct that he or she may be detained in a protective home. Section 20 provides for removal of prostitute from any place. Protective homes are provided under Section 21. Section 22B provides for summary trials.