SHAMA BAI Vs. STATE OF UTTAR PRADESH LUCKNOW

JUDGEMENT

(1.) The points involved in this writ petition are similar to those in Civil Misc. Writ No. 1371 of 1958 which I have disposed of today. Both these writ petitions were heard together and no separate arguments were addressed in either of them. In my order in writ petition No. 1371 of 1958 I have dealt with the questions raised in these two petitions in some detail, and for the reasons given in that order I reject this petition. Civil Miscellaneous Writ No. 1371 of 1958.

(2.) It is true that the profession or trade of a prostitute has existed in all civilised countries from the earliest times though it has always been subject to regulation by law or custom. It is also true that the number of prostitutes in this country Ss very large and in most cases it would be impossible for them to get themselves rehabilitated in society if under the law they are stopped from carrying on their profession or the conditions for their existence are made so difficult that they have to leave it. It cannot also be denied that there are several external causes which induce women to turn to prostitution for livelihood over which they have no control. The most important ones are :--

(3.) None of the sections mentioned above have the effect of stopping the profession or trade of a prostitute altogether. The only question therefore is whether the restrictions which are imposed upon the trade or profession of a prostitute by means of the provisions of the Act are reasonable restrictions.