By Admin 
The Supreme Court has said in a historic decision that it is wrong to consider every woman engaged in prostitution as helpless and send her to a rehabilitation center. The court has said that many women are doing this work voluntarily. If the woman is an adult then it would be wrong to admit her to a rehabilitation center without knowing her consent.
While disposing of an application filed in the case ‘Prajwala vs Government of India’, the bench of Justices JB Pardiwala and R Mahadevan has given this big decision. In this application, a demand was made to improve the system of rehabilitation of women freed from prostitution. During the hearing, the Central Government had given information about the plans made in this regard and the efforts of the states in their implementation. The court had expressed satisfaction on this.
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The court described the existing legal system as impractical and suffering from male-dominated thinking. It has been said in the decision – Under Section 17 of ‘Immoral Traffic Prevention Act, 1956’, every ‘sex worker’ woman is seen from the same perspective. The law does not differentiate whether the woman is being forced to do this work or she is doing it of her own free will. This tendency to consider everyone equal ignores the reality of such women while presenting them before the magistrate.
It has been said in the decision that this entire subject is related to the life, freedom and future of the woman. His wishes cannot be ignored while deciding this. The magistrate should take information from the woman about her wishes. If a woman is doing prostitution voluntarily and wants to continue it. If the woman does not want to enter a permanent protection or rehabilitation centre, she should be allowed to go.
The bench of 2 judges has made it clear that the magistrate should be careful while interrogating the woman. He should be satisfied that whatever the woman is saying, she is saying it of her own free will. There is no pressure or coercion behind his statement. If the magistrate is satisfied that she is giving the statement willingly and is also willing to engage in prostitution, then she should not be sent to a rehabilitation centre.
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