NOUSHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) Alleging that the girl described in this Writ Petition is illegally detained in Mahila Mandiram, Kollam and that she is in love with him, the petitioner sought issuance of a writ of habeas corpus. Pursuing that complaint, by now, he is among those arrayed as accused persons, for having visited that girl with offences relating to her body, including rape of a minor and also providing a chain of sexual assaults and activities prohibited by the Laws.

(2.) Investigation by police appears to reveal a case where a minor girl was raped and presented to many persons who also sexually ex- ploited her, including by rape; for financial gain by such presentation having been done by those who attained control over her by inducing, luring and otherwise securing and keeping her with them, may be, by force, threat, deception, fraud, misrepresentation or undue influence, including by calculated deprivation of the adolescent victim, among other things, by lascivious promptings and provocations by words and deeds thereby appealing to her prurient adolescent mind, corrupting her and inducing her to be prey to repeated sexual visits. Different provisions of IPC and other penal laws vividly flash.

(3.) Trafficking in human beings is prohibited by the Constitution. Art.23 embodies the fundamental right to protection against exploitation. It prohibits trafficking in human beings. Trafficking in human beings would take in any form of trade, disgraceful pushing of human beings, for favours received, either as money, or in kind, including by barter. The constitutional concept parked in Art.23 is to provide the citizen a right, guaranteed as fundamental, to protection against exploitation. It stems from the knowledge and thinking of the framers of the Constitution that the society would have vulnerable sections and the Constitution by itself should stand to provide them succor, providing fundamental right against exploitation. The fundamental right under Art.23 is an insulation guaranteed, in particular, to the challenged sectors of the Indian People. Those vulnerable to sexual exploitation, including women, fall within the protective arms of Art.23. That should be available even without asking. This constitutional premise, as noted above, should necessarily advise the State, particularly, the police, the investigators and the prosecutors to ensure that no offender jerks off the transit to trial on clear charges in accordance with the laws. The need to enliven the constitutional value embedded in Art.23 is the constitutional obligation of all involved in the process of prevention of such crimes, investigations and in prosecuting the offenders. With this goal, it has to be necessarily ensured that all steps are taken to ensure that the wrong doers, without fail, face the due process of law, in time. The judiciary also plays its role in this regard, while focusing on the different relevant aspects during trial of such cases because Art.23 is relevant in deciding bail applications and weighing the case on the scales of proportionality as to punishment.