tion Criminal No 421 of 1989
Under Article 32 of the Constitution of India
Vishal Jeet petitioner in person
VC Mahajan AS Nambiar RB Misra Ms A Subha shini TVSN Chari Prabir Choudhary D Goburdhan MN Shroff KR Nambiar Uma Nath Singh NN Johri V Krish namurthy VN Patil AS Bhasme PR Ramasesh M Veerap pa RK Mehta RS Suri BD Sharma D Bhandari Amal Dalla DK Sinha JR Das SK Bhattacharya SK Nandi Mahabir Singh I Makwana NK Sharma A Subba Rao Ms Kamini Jaiswal PK Manohar and Mrs Shanta Vasudevan for the Respondents
The Judgment of the Court was delivered by section RATNAVEL PANDIAN J
This writ petition under Article 32 of the Constitution of India at the instance of an Advo cate is filed by way of a Public Interest Litigation seeking issuance of certain directions directing the Central Bureau of Investigation 1 to institute an enquiry against those police officers under whose jurisdiction Red Light areas as well Devadasi and Jogin traditions are flourishing and to take necessary action against such erring police officers and law breakers 2 to bring all the inmates of the red light areas and also those who are engaged in flesh trade  to protective homes of the respective States and to provide them with proper medical aid shelter education and train ing in various disciplines of life so as to enable them to choose a more dignified way of life and 3 to bring the children of those prostitutes and other children found begging in streets and also the girls pushed into flesh trade  to protective homes and then to rehabilitate them
The averments made in the writ petition on the basis of which these directions are prayed for can be summarised thus Many unfortunate teen aged female children hereinafter refer 864 red to as the children  and girls in full bloom are being sold in various parts of the country for paltry sum even by their parents finding themselves unable to maintain their children on account of acute poverty and unbearable miseries and hoping that their children would be engaged only in household duties or manual labour
But those who are acting as pimps or brokers in the flesh trade  and brothel keepers who hunt for these teenaged children and young girls to make money either purchase or kidnap them by deceitful means and unjustly and forcibly inveigle them into flesh trade 
Once these unfortunate victims are taken to the dens of prosti tutes and sold to brothel keepers they are shockingly and brutally treated and confined in complete seclusion in a tiny claustrophobic room for several days without food until they succumb to the vicious desires of the brothel keepers and enter into the unethical and squalid business of prosti tution
These victims though unwilling to lead this obnox ious way of life have no other way except to surrender themselves retreating into silence and submitting their bodies to a11 the dirty customers including even sexagenar ians with plastic smile
The petitioner has cited certain lurid tales of sex with sickening details alleged to have been confessed by some children and girls either escaped or rescued from such abodes of ill fame
After giving a brief note on Devadasi system and Jogin tradition the petitioner states that this system and tradition which are still prevailing in some parts of the country should be put to an end
The ultimate plea of the petitioner is that the young children and girls forcibly pushed into flesh trade  should be rescued and rehabilitated
With this petition the petitioner has filed 9 affidavits said to have been sworn by 9 girls who claim to be living in the brothel houses pleading for rescue and a list of names of 9 girls who are mortally afraid to swear the affidavits
Be it noted that no counter has been filed by any one of the respondents
The matter is one of great importance warranting a comprehensive and searching analysis and requiring a human istic rather than a purely legalistic approach from differ ent angles
The questions involved cause considerable anxie ty to the Court in reaching a satisfactory solution in eradicating such sexual exploitation of children
We shall now examine this problem and address ourselves to the merits of the prayers
No denying the fact that prostitution always remains as a running sore in the body of civilisation and destroys all moral values
The causes and evil effects of prostitution maligning the society are so 865 notorious and frightful that none can gainsay it
This malignity is daily and hourly threatening the community at large slowly but steadily making its way onwards leaving a track marked with broken hopes
Therefore the necessity for appropriate and drastic action to eradicate this evil has become apparent but its successful consummation ultimately rests with the public at large
It is highly deplorable and heart rending to note that many poverty stricken children and girls in the prime of youth are taken to flesh market  and forcibly pushed into the flesh trade  which is being carried on in utter viola tion of all cannons of morality decency and dignity of humankind
There cannot be two opinions indeed there is none that this obnoxious and abominable crime committed with all kinds of unthinkable vulgarity should be eradicated at all levels by drastic steps
Article 23 which relates to Fundamental Rights in Part of the Constitution and which has been put under the caption Right against exploitation  prohibits traffic in human beings and begat and other similar forms of labour  and provides that any contravention of Article 231 shall be an offence punishable in accordance with law
The expres sion traffic in human beings  is evidently a very wide expression including the prohibition of traffic in women for immoral or other purposes
Article 35aii of the Consti tution reads that notwithstanding anything in this Constitu tion Parliament shall have and the legislature of a State shall not have power to make laws for prescribing punish ment for those acts which are declared to be offences under this part
The power of legislation under this article is given to the Parliament exclusively for otherwise the laws relating to fundamental rights would not have been uniform throughout the country
The power is specifically denied to the state legislatures
In implementation of the principles underlying Article 231 the Suppression of Immoral Traffic in Women  Girls Act 1956 SITA for short has been enacted under Article 35 with the object of inhibiting or abolishing the immoral traffic in women and girls
In this connection it is significant to refer Article 39 which relates to Directive Principles of State Policy  under Part IV of the Constitution
Article 39 particularises certain objectives
Clause f of Article 39 was substituted by Forty Second Amendment Act 1976
Among the objectives mentioned under Clauses e and f of Article 39 we will confine ourselves only to certain relevant objectives under those two clauses which are sufficient for the purpose of this case
One 866 of the objectives under clause e of Article 39 is that the State should in particular direct its policy towards securing that the tender age of children are not abused
One of the objectives under clause f is that the State should in particular direct its policy towards securing that childhood and youth are protected against exploitation and against moral and material abandonment
These objectives reflect the great anxiety of the Constitution makers to protect and safeguard the interests and welfare of the children of our country
The Government of India has also in pursuance of these constitutional provisions of clauses e and f of Article 39 evolved a national policy for the welfare of the children
It will be apposite to make reference to one of the principles namely principle No 9 formulated by the Declaration of the Rights of the Child adopted by the Gener al Assembly of the United Nations on November 20 1959
The said principle reads thus The child shall be protected against all forms of neglect cruelty and exploitation
He shall not be the subject of traffic in any form
 Before the adoption of SITA there were enactments in some of the states for suppression of immoral traffic but they were not uniform nor were they found to be adequately effective
Some states did not have any law on the subject
With the growing danger in society to healthy and decent living with morality the world public opinion congregated at New York in a convention for suppression of traffic in persons for exploitation for immoral purposes
Pursuant to the signing of that convention on May 9 1950 our Parlia ment has passed an Act called Suppression of Immoral Traf fic in Women and Girls Act 1956 which is now changed as The Immoral Traffic Prevention Act 1956 to which cer tain drastic amendments are introduced by the Amendment Acts of 46 of 1978 and 44 of 1986
This Act aims at suppressing the evils of prostitution in women and girls and achieving a public purpose viz to rescue the fallen women and girls and to stamp out the evils of prostitution and also to provide an opportunity to these fallen victims so that they could become decent members of the society
Besides the above Act here are various provisions in the Indian Penal Code such as Sections 866 A dealing with procuration of minor girl 366 B dealing with offence of importation of girl from foreign country 372 dealing with selling of minor for purposes of prostitution etc  and 373 dealing with 867 the offence of buying minor for purposes of prostitution etc
The Juvenile Justice Act 1986 which provides for the care protection treatment development and rehabilitaton of neglected or deliquent juveniles contains a specific provision namely Section 13 which empowers a police officer or any other person or organisation authorised by the State Government in this behalf to take charge of any neglected juveniles and bring them before the Board constituted under this Act which Board under section 15 has to hold an enquiry and make such orders in relation to the neglected juveniles as it may deem fit
Inspite of the above stringent and rehabilitative provi sions of law under various Acts it cannot be said that the desired result has been achieved
It cannot be gainsaid that a remarkable degree of ignorance or callousness or culpable indifference is manifested in uprooting this cancerous growth despite the fact that the day has arrived imperiously demanding an objective multi dimensional study and a search ing investigation into the matter relating to the causes and effects of this evil and requiting most rational measures to weed out the vices of illicit trafficking
This malady is not only a social but also a socioeconomic problem and therefore the measures to be taken in that regard should be more preventive rather than punitive
In our view it is neither practicable and possible nor desirable to make a roving enquiry through the CBI through out the length and breadth of this country and no useful purpose will be served by issuing any such direction as requested by the petitioner
Further this malignity cannot be eradicated either by banishing branding scourging or inflicting severe punishment on these helpless and hapless victims most of whom are unwilling participants and involun tary victims of compelled circumstances and who finding no way to escape are weeping or wailing throughout
This devastating malady can be suppressed and eradicated only if the law enforcing authorities in that regard take very severe and speedy legal action against all the erring persons such as pimps brokers and brothel keepers
The Courts in such cases have to always take a serious view of this matter and inflict consign punishment on proof of such offences
Apart from legal action both the Central and the State Government who have got an obligation to safeguard the interest and welfare of the children and girls of this country have to evaluate various measures and implement them in the right direction
868 Bhagwati J as he then was in Lakshmi Kant Pandey vs Union of India while emphasizing the importance of children has expressed his view thus It is obvious that in a civilized society the importance of child welfare cannot be over emphasized because the welfare of the entire community its growth and development depend on the health and well being of its children
Children are a supremely important national asset  and the future well being of the nation depends on how its children grow and develop
 We after bestowing our deep and anxious consideration on this matter feel that it would be appropriate if certain directions are given in this regard
Accordingly we make the following directions 1
All the State Governments and the Governments of Union Territories should direct their concerned law enforcing authorities to take appropriate and speedy action under the existing laws in eradicating child prostitution without giving room for any complaint of remissness or culpable indifference
The State Governments and the Governments of Union Terri tories should set up a separate Advisory Committee within their respective zones consisting of the secretary of the Social Welfare Department or Board the Secretary of the Law Department sociologists criminologists members of the women s organisations members of Indian Council of Child Welfare and Indian Council of Social Welfare as well the members of various voluntary social organisations and asso ciations etc the main objects of the Advisory Committee being to make suggestions of a the measures to be taken in eradicating the child pros titution and b the social welfare programmes to be implemented for the care protection treatment development and rehabilitation of the young fallen victims namely the children and girls rescued either from the brothel houses or from the vices of prostitution
All the State Governments and the Governments of Union Territories should take steps in providing adequate and 869 rehabilitative homes manned by well qualified trained social workers psychiatarists and doctors
The Union Government should set up a committee of its own in the line we have suggested under direction No2 the main object of which is to evolve welfare programmes to be implemented on the national level for the care protection rehabilitation etc
of the young fallen victims namely the children and girls and to make suggestions of amendments to the existing laws or for enactment of any new law if so warranted for the prevention of sexual exploitation of children
The Central Government and the Governments of States and Union Territories should devise a machinery of its own for ensuring the proper implementation of the suggestions that would be made by the respective committees
The Advisory Committee can also go deep into devadasi system and Jogin tradition and give their valuable advice and suggestions as to what best the Government could do in that regard
The copies of the affidavits and the list containing the names of 9 girls are directed to be forwarded to the Commis sioner of Police Delhi for necessary action
We may add that we are not giving an exhaustive list of the members for the constitution of the committee
There fore it is open to the concerned Government to include any member or members in the committee as it deems necessary
We hope and trust that he directions given by us will go a long way towards eradicating the malady of child prostitu tion Tevadasi system and Jogin tradition and will also at the same time protect and safeguard the interests of the children by preventing of the sexual abuse and exploitation
So far as the remaining prayer regarding rehabilitation of the children of prostitutes is concerned we understand that a similar issue is raised in a separate writ petition bearing WP No 82488 pending before this Court and this Court is seized of the matter and also has given an interim direction on 15111989 for setting up a committee to 870 go into the question from various angles of the problems taking into consideration the different laws relevant to the matter and to submit its report
Vide Gaurav Jain vs Union of India and Others  Therefore we are not expressing any opinion on this prayer regarding the rehabil itation of the children of prostitutes
With the above directions the Writ Petition is dis posed of
TNA Petition disposed of


Summary:
The appellant assessee owned certain properties on lease hold lands
The leases in respect of these lands expired in 1958 and 1963 and the lessor State Government issued notices to the assessee to hand over vacant posses sion of the leasehold lands
The properties were let out to the tenants and the assessee was receiving rental income from the same
In the Wealth Tax Returns for the assessment years 1971 72 1972 73 1973 74 and 1974 75 the assessee valued the properties at ten times of the annual rental income
In the assessment order the Wealth Tax Officer valued the properties at fifteen times of the annual rental income
On appeal the Appellate Assistant Commissioner of Wealth Tax valued the said properties at twelve and a half times of the annual rental income
On further appeal the Income Tax Appellate Tribunal valued the properties at ten times of the annual rental income but at the request of the assessee referred to the High Court for its opinion certain questions of law includ ing the questions whether the Tribunal was right in holding that the properties in respect of which the leases had expired in 1958 and 1963 and notices had been issued to hand over the possession were assets within the meaning of Sec tion 2ev of the Wealth Tax Act 1957 and its value was liable to be included in the net wealth of the assessee and that on correct interpretation of Section 2ev of the Wealth Tax Act and relevant provisions of the Transfer of Property Act the interest of the appellant in respect of properties in dispute was for a period of over six years
887 The High Court held that after the determination of the earlier leases the assessee was lessee of properties under a new contract of tenancy and it was a tenancy from month to month under Section 116 read with Section 106 of the Transfer of Property Act and for an unstated period and could not be said to be precarious in nature that the said tenancy was an asset as defined in Section 2e of the Act and was not excluded under sub clause v because the said interest had been available to the assessee for a period exceeding six years from the date the new contract of tenan cy came into existence
It however granted certificate of fitness to appeal to the Supreme Court
Allowing the appeals this Court HELD 1
The properties in respect of which leases had expired in 1958 and 1963 and notices had been received by the assessee to hand over the possession were not assets within the meaning of Section 2e2iii of the Wealth Tax Act 1957 and the valuation of the same was not liable to be included in the net wealth of the assessee
The Tribunal was not right in holding that the interest of the assessee in respect of the properties in dispute was for a period over six years for the purpose of Section 2e2iii of the Act898F H 21 The word available in Section 2e2iii of the Act is preceded by the word is and is followed by the words for a period not exceeding six years
The word is  although normally referring to the present often has a future meaning
It may also have a past signification as in the sense of has been 
In view of the words for a period not exceeding six years which follow the word available the word is  must be construed as referring to the present and the future
In that sense it would mean that the inter est is presently available and is to be available in future for a period not exceeding six years
896C D The High Court has construed the word is  to mean has been 
As per the construction placed by the High Court in a case where an interest has been created for a period exceed ing six years it would be included in the assets of the assessee under Section 2e of the Act only after the expiry of the period of six years even though the interest is available to the assessee for a period exceeding six years from the date the interest vests in the assessee
The con struction placed by the High Court attaching importance to the enjoyment of the interest instead of placing emphasis on the nature of the interest is not correct
894E G 23 The question as to whether the interest should be in cluded or 888 excluded from the assets of the assessee under Section 2e2iii of the Act has to be considered in the light of the nature of interest on the relevant date
Under the said provision the relevant date is the date on which the inter est vests in the assessee
Therefore the matter has to be considered by examining the nature of the interest on the date the interests vests in the assessee
894G H Commissioner of Wealth Tax vs Smt
Muthukrishna Ammal   relied on
In the instant case after the expiry of the leases of the assessee in the years 1958 and 1963 the assessee contin ued in possession under a new contract of tenancy and the said tenancy was a tenancy from month to month for an un stated period
The said tenancy was precarious in nature because it could be terminated by the lessor at any time by a notice under Section 106 of the Transfer of Property Act
The fact that such a notice was not given cannot mean that the interest created by the said new tenancy was an interest available to the assessee for a period exceeding six years from the date the interest vested in the assessee
In the circumstances in view of Section 2e2iii the said interest could not be treated as an asset of the assessee for the purpose of the Act
897C D Section 2ev as amended in 1964 was substituted by the Finance Act1969 and the relevant provision applicable to the instant case was Section 2e2iii
However in the reference to the High Court the Tribunal referred to sub clause v of clause e of Section 2 as it stood prior to the 1969 amendment and the High Court also did not notice it
This Court observed that since the provisions of Section 2ev as amended in 1964 were identical with the provi sions of Section 2e2iii as substituted by the 1969 amendment the error was of no consequence and examined the matter in the light of the provisions contained in Section 2e as substituted by the 1969 amendment 893G H 894A