Case Note & Summary
The case involved a writ petition filed under Article 32 of the Constitution of India by an advocate seeking directions for the establishment of separate schools and hostels for children of prostitutes. The respondents contended that these children, often unwanted, should be segregated from their mothers to integrate into society. The court, however, rejected the plea for separate facilities, emphasizing that children should not live in the undesirable conditions of their mothers' homes. The court recognized the need for reform and accommodation in hostels and reform homes to protect these children. It noted the increasing prevalence of prostitution and the necessity for effective measures to address the issue. Consequently, the court decided to form a committee comprising legal and social experts to investigate the matter and provide recommendations within eight weeks. The Ministry of Welfare was directed to allocate funds for the committee's expenses, and the case was scheduled for further hearing on January 16, 1990.
Headnote
A) Constitutional Law - Public Interest Litigation - Separate Schools and Hostels - Request for separate schools and hostels for children of prostitutes rejected - Constitution of India, 1950, Article 32 - The court held that while separate facilities are not desirable, adequate accommodation in reform homes should be provided to segregate these children from their mothers. A committee was established to examine the issues and report back within eight weeks (Paras 174-175).
Issue of Consideration
Whether separate schools and hostels should be established for children of prostitutes.
Final Decision
The court rejected the petitioner's request for separate schools and hostels for children of prostitutes, emphasizing the need for adequate accommodation in reform homes instead. A committee was formed to investigate the issues and report back within eight weeks, with the Ministry of Welfare directed to provide funding for the committee's expenses.
Law Points
- Public interest litigation
- Article 32
- segregation of children
- welfare of children
- committee recommendations
