GAURAV JAIN versus UNION OF INDIA AND ORS.

GAURAV JAIN versus UNION OF INDIA AND ORS.

Children of prostitutes and child prostitutes are entitled to equality and dignity and must be rescued from red-light areas, temporarily shifted to Juvenile Homes as 'neglected juveniles', and rehabilitated into mainstream society without stigma. The State has a mandatory obligation to protect and rehabilitate these children under the Juvenile Justice Act, 1986. The Supreme Court directed the Union of India and States to adopt the Mahajan Committee's recommendations for rehabilitation, constitute appropriate committees, associate NGOs, and report progress periodically.

Parties
Petitioner: Gaurav Jain; Respondent: Union of India; Respondents: Others
Jurisdiction
India
Judgment Date
09 July 1997
Procedural Posture
Writ Petition (civil) / Final Disposition With Directions
Outcome
Petitions disposed of with directions
Legal Topics
Public Interest Litigation, Prostitution, Rehabilitation of Children, Right to Equality, Right to Dignity, Juvenile Justice
Constitutional Law Child Welfare Human Rights Public Interest Litigation Prostitution Rehabilitation of Children Right to Equality Right to Dignity +1 more

Case Brief

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Parties

Gaurav Jain

Petitioner

Union of India

Respondent

Others

Respondents

Procedural Posture

Writ Petition (civil) / Final Disposition With Directions

Legal Issues

  1. 1 What are the rights of the children of prostitutes under the Constitution?
  2. 2 What modules should be adopted to segregate, protect, care for, and rehabilitate such children in mainstream national life?
  3. 3 What scheme should be evolved for eradication of prostitution and for succour and sustenance for victims of the flesh trade?

Ratio Decidendi

Children of prostitutes and child prostitutes are entitled to equality and dignity and must be rescued from red-light areas, temporarily shifted to Juvenile Homes as 'neglected juveniles', and rehabilitated into mainstream society without stigma. The State has a mandatory obligation to protect and rehabilitate these children under the Juvenile Justice Act, 1986. The Supreme Court directed the Union of India and States to adopt the Mahajan Committee's recommendations for rehabilitation, constitute appropriate committees, associate NGOs, and report progress periodically.

Court Disposition

Petitions disposed of with directions

Orders

  • Children of prostitutes and child prostitutes are to be treated as 'neglected juveniles' under the Juvenile Justice Act and to be rescued from red-light areas and temporarily shifted to Juvenile Homes, then rehabilitated.
  • Officers in charge of Juvenile Homes are to protect these children and no stigma shall attach to them.