Source: CAG reports for Gujarat and Maharashtra Strong laws that work on paper, fail on ground On paper, the Act provides for robust implementation state-wide through a supervisory board and an advisory committee including an officer of or above the rank of joint director of Health and Family Welfare as chairperson; representatives from women’s organisations and an officer of the law department.The chief medical officer or civil surgeon is designated the appropriate authority at the district level.However, the court refused to accept the contention that customer at a brothel is not covered within the provision of Section 370 of the Indian Penal Code.“the court observed.
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While 181 offences were registered in Gujarat under the PC & PNDT Act as of March 2014, only 49 cases were prosecuted and only six offenders were convicted, the CAG report said.
The punishments include imprisonment, cancellation of licences and fine.
In a significant ruling, the Gujarat High Court has observed that Section 370 of the Indian Penal Code will have no application in a case wherein sex workers are engaged in prostitution of their own volition and not pursuant to any inducement, force or coercion.
Justice JB Pardiwala partly quashed the FIR against a person, holding that the prosecution of the applicant being a customer for the offence under the Immoral Traffic (Prevention) Act is not maintainable as he cannot be said to have procured a woman for the purposes of prostitution.
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