Immoral Traffic Prevention Act

Immoral Traffic Prevention Act Section 17 

Writ Proceedings  

Detention u/Immoral Traffic Act  

Forceful indulgence of minor in prostitution 

Habeas corpus 

Illegal detention and sending to Shelter Home 

Legality 

Till delivery of custody on orders of Child Welfare Committee is effective, detenue cannot be sent to Women Shelter Home.  

In this case, detenue, a minor girl forced into prostitution.  

After escaping, she lodged FIR against accused and was sent to Women Shelter Home by police personnel. 

Her custody to her mother had already been handed over by Women Shelter Home in pursuance of order of authority having competent jurisdiction by Child Welfare Committee.  

However, on very next day police personnel threatened mother and took away detenue to Police Station. 

Station House Officer, Police Station did not consider mental condition of detenue as she was a sufferer from prostitution traders. Station House Officer, Police Station failed to establish that detention of detenue at Police Station and at Women Shelter Home was just, proper and according to law Detenue released to the custody of her mother. 

In view of such illegal detention and mental agony and suffering caused to petitioner, Rs. 3,000/- per day awarded as compensation. 

Ordered accordingly.  

Petition allowed

Shabana Throu. Her Mother Smt. Bano vss State of U.P. 

HC 21375/19 22/08/19 

[ Shabihul Hasnain JJ ]

[ ALLAHABAD HIGH COURT ]