GAURAV JAIN versus UNION OF INDIA AND ORS.

GAURAV JAIN versus UNION OF INDIA AND ORS.

The Court rejected the plea for creation of separate schools and hostels, holding that integration into society and provision of adequate hostel and reformatory accommodation are preferable. A committee was constituted to examine all aspects of the problem and submit recommendations.

Parties
Petitioner: Gaurav Jain; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
15 November 1989
Procedural Posture
Writ Petition (civil) No. 824 of 1988 / Interim Order on Constitution of Committee and Directions
Outcome
Prayer for separate schools and hostels rejected; committee constituted to examine all aspects and report.
Legal Topics
Article 32, Public Interest Litigation, Children of Prostitutes, Hostel and School Accommodation
Constitutional Law Child Welfare Public Interest Litigation Article 32 Children of Prostitutes Hostel and School Accommodation

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Parties

Gaurav Jain

Petitioner

Union of India and Ors.

Respondents

Procedural Posture

Writ Petition (civil) No. 824 of 1988 / Interim Order on Constitution of Committee and Directions

Legal Issues

  1. 1 Whether separate schools and hostels should be provided for children of prostitutes
  2. 2 How to provide for the welfare and integration of children of prostitutes

Ratio Decidendi

The Court rejected the plea for creation of separate schools and hostels, holding that integration into society and provision of adequate hostel and reformatory accommodation are preferable. A committee was constituted to examine all aspects of the problem and submit recommendations.

Court Disposition

Prayer for separate schools and hostels rejected; committee constituted to examine all aspects and report.

Orders

  • Constitution of a committee of 4 advocates and 3 social workers to examine the matter and submit report within 8 weeks.
  • Union of India, Ministry of Welfare, Dept. of Women & Child Development directed to deposit Rs.20,000 within two weeks for committee expenses.