[Immoral Traffic case] Setting free HIV+ sex worker likely to pose danger to society: Mumbai court

The Dindoshi Sessions Court in Mumbai recently upheld the order of a Magistrate court detaining an HIV positive woman/ victim allegedly involved in sex work on the ground that setting her free might pose greater danger to the society (XYZ v. State of Maharashtra)..The victim was allegedly caught by local police while she was attempting to to carry out sex work and was charged for offences under Immoral Traffic (Prevention) Act (PITA).After she was produced before the court, the Magistrate ordered her detention for two years as she was found to be HIV positive under Section 17(4) of PITA (as per which the Magistrate can order a person in need of care and protection to be sent to protective home or custody)..In the appeal, the woman’s father canvassed that she was not involved in sex work, however, Additional Sessions Judge SU Baghele after examining the first information report (FIR) noted that prima facie facts seemed to show that she was involved in sex work. Due to the same, she was considered a victim under the Act..Judge Baghele distinguished the case of Asiya Shaikh v. State of Maharashtra, where the Bombay High Court permitted release of a victim after 6 months in correctional home on the ground that the facts in that case were different from the present case.“As the victim is indisputedly suffering from HIV, which can be easily transmitted through sexual intercourse, setting of the victim at large is likely to pose danger to the society, due to which, the factual scenario in the case at hand is different from the factual scenario in the above authority relied upon,” the Court observed in its order..Judge Baghele found no substance in the submission that the victim being financially sound is not likely to indulge in immoral activities. The Court noted that as per the FIR, there was evidence that she had agreed for sex work by accepting ₹1 lakh..The Court further opined that her care and protection can be ensured by detaining her “so as to ensure that the victim leads a normal life in future, after getting necessary brainwash."Judge Baghele, therefore, upheld the order of the Magistrate holding it warranted no interference..Advocate Sunil D Tiwari appeared on behalf of the woman. Advocate Sachin Jadhav appeared for the State of Maharashtra. .[Read Order]