IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 WA.No. 1239 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.21170/2010 Dated 08/07/2010 .................... APPELLANT(S): APPELLANT ----------------------- PRAKASH, AGED 52, S/O.KARUNAKARAN, HOUSE NO.71, GIRI NAGAR, KADAVANTHRA, KOCHI. BY ADV. SRI.P.HARIDAS SMT.S.SIKKY RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. THE INSPECTOR GENERAL OF POLICE, NORTHERN RANGE. 4. THE SUPERINTENDENT OF POLICE, PALAKKAD. 5. THE SUPERINTENDENT OF POLICE, CRIME BRANCH, PALAKKAD. 6. THE SUB INSPECTOR OF POLICE, AGALI. 7. REXI, REKSHA VILLA, NARANIMUKKU, AGALI. 8. PATRIC, REKSHA VILLA, NARANIMUKKU, AGALI. 9. JOSSY, REKSHA VILLA, NARANIMUKKU, AGALI. R1 TO R6 BY ADDL. D.G.P. SRI. P.N. SUKUMARAN R7 & R9 BY ADV. SRI.S.RAJEEV THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 20/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & P.S. GOPINATHAN, JJ. -------------------------------------------- W.A. No. 1239 of 2010 -------------------------------------------- Dated this the 20th day of August, 2010 JUDGMENT Ramachandran Nair, J. WPC was filed for direction to handover investigation in the crime registered pursuant to ExtP1 FIR launched by the petitioner's daughter to the crime branch. The learned single Judge felt that petitioner could redress his grievance before the Magistrate Court and therefore WPC was closed. It is against this judgment that W.A. is filed. After preliminary hearing of the WA we summoned the petitioner's daughter to this Court and we heard her in the matter in person. If her statements are true and correct then certainly the case calls for investigation by a special team headed by a senior lady police officer because all the victims involved are adolescent girls. The allegations of the petitioner and his daughter are that under the guise of counselling respondents 7 to 9 were involved in indecent behaviour and advances to grown up girls which amount to offences punishable under IPC. Since all these matters have to be investigated, we do not WA 1239/10 2 wish to state anything further about what one of the victims has personally told us. All girls taken for counselling were sheltered in a building near the forest where there is no electricity connection. The girls who are fairly well-educated and hailing from good families, were made to work as agricultural workers and the so-called counselling was done by gents in the forest starting from 10 P.M. in the night and ending at 3 A.M. in the morning and all them are stated to have gone into coma in the course of counselling. We are surprised to note that the State has no mechanism to prevent this illegal act and still there is opportunity for all these people to thrive in the State. 2. We have heard Addl. Director General of Prosecutions in the matter and he stated that State will go by the direction of this Court in investigation. He has also reported that all the counselling centres run by respondents 7 to 9 at Attappady, Agali, and other centres are closed, and a few people have been rehabilitated. There is nothing wrong in any social or voluntary organisation helping destitutes, orphans, or those who need counselling or other assistance. However, we feel under the cover of these welfare activities, nobody should be allowed WA 1239/10 3 to exploit the people, particularly women. We are of the view that no adult female or even girls above the age of 10 should be entrusted with men whatever be the counselling or other service they offer to them. Female including children should always be left to the custody of the ladies. The State should ensure that no agency is run except after taking licence or permission in terms of Orphanages and other charitable hom (supervision and control) Act, or under the provisions of Mental Health Act, or any law authorising it. Further any accommodation for counselling or other services to females should be rendered either by ladies or by organisation where ladies have a regular presence and control. We therefore direct the state to take immediate action to screen all the existing shelters where children and women are accommodated, whether they are run under the banner of religious institution or not, and see whether they are properly licensed or run with prior permission and no illegal activity takes place. We therefore direct the DGP to constitute a special police team with a senior lady police officer not below the rank of SP as it's head to investigate the complete the investigation within a period of one month from now. We WA 1239/10 4 direct the police agency not to publish the names of the victims or their relations and the trial in this case should be held in camara. We direct the Magistrate or the Judicial Officer concerned to hold trial if any held in camara. In our view State will consider a comprehensive legisation to protect the exploitation of women and children by introducing legislation for establishment and running of institutions. W.A. is disposed of as above. (C.N.RAMACHANDRAN NAIR) Judge. (P.S. GOPINATHAN) Judge. kk WA 1239/10 5