PANCHU GOPAL SHAW Vs. EMPEROR

JUDGEMENT

(1.) This was a rule obtained on behalf of one Panchu Gopal Shaw who is said to be the husband of one Sakuntala who is a female child under the age of 16 years. I use the expression "female child" advisedly because the question that calls for decision in this case depends upon the right interpretation of the word "girl" as used in Section 4, Calcutta Suppression of Immoral Traffic Act, 1923 which is Bengal Act 13 of that year.

(2.) The matter arises in this way. The learned Magistrate of the Juvenile Court, Calcutta on 11 August of this year made an order that Sakuntala should be detained for six years and her sister Urmila should be detained for ten years in the Greave's Home. These periods were based upon the facts that in the case of Sakuntala her age was 12 years and in the case of Urmila some two years less. The Magistrate is obviously desirous that these two children should remain in the home until they attain the age of 18 years. The Magistrate made the order because, as he says, the evidence adduced before him satisfied him that they should be dealt under the provisions of the Calcutta Suppression of Immoral Traffic Act. The order which he made was made under the provisions of Section 4 of that Act which provides in effect that the Commissioner of Police or certain other officers may remove a girl apparently under the age of 16 years from a brothel and the girl so removed may be detained in suitable custody until she attains the age of 16 years; that is provided by Sub-section 2 of that section. Having made that order the learned Presidency Magistrate made a further order, namely that the present petitioner Panchu Gopal Shaw should be brought before the Court in order that he might be dealt with under Section 31, Bengal Children Act 1922. By that section it is provided that the Court which makes an order for the committal of a child or young person to suitable custody may order the parent or other person liable to maintain the young person to contribute to her maintenance, if able to do so. The learned Presidency Magistrate was of opinion that he had power to make an order directing that the husband of Sakuntala should be required to contribute to her maintenance while she was detained in the Greave's Home.

(3.) This rule was issued by us because we thought that it was desirable that we should hear argument upon the question as to whether or not the provisions off Section 4, Calcutta Suppression of Immoral Traffic Act, could be made to apply to the case where the child in question happened to be married. I invited the learned advocate for the petitioner to direct our attention, if he could, to any provision, either in the Calcutta Suppression of Immoral Traffic Act, 1923 or in the Bengal Children Act, 1922 which in any way limited the meaning of the word "girl" as used in Section 4 Calcutta Suppression of Immoral Traffic Act, and he was in fact unable to do anything of the kind. There is no limitation, in my opinion, placed on the meaning of the word "girl" as used in that section. It may perhaps be said that in ordinary speech the use of the word implies that the person referred to is unmarried. But obviously the primary meaning of the word is a young female human being. Indeed the earlier meaning of the word was a human being of either sex. But generally speaking the word "girl" simply means a young female; and when one reads Sub-section (1) in conjunction with Sub-section (2) the matter becomes abundantly clear, because Sub-section (2) uses the expression "if satisfied that the girl is under 16 years of age."