A Mumbai court recently upheld a magisterial court order directing a sex worker to be detained for two years because the woman was HIV positive, which can be easily transmitted through sexual intercourse. , and releasing him is likely to pose a threat to society.
After an inquiry, on August 20, a magisterial court directed the woman to be detained for two years under the Immoral Traffic Prevention Act. The court directed the custody of the victim as she was found to be HIV positive, observing that there was a possibility of transmission of the virus through sexual intercourse. It was held by the magistrate that the woman was to be rehabilitated and restrained from sexual activity through counselling.
The woman filed an appeal against the order before Additional Sessions Judge SU Baghele.
In its order, the court recorded, “It is indisputable that he is suffering from HIV which can be easily transmitted through sexual intercourse. The setting of the victim at large is likely to pose a threat to society. The care and safety of the victim may also be ensured by taking her into custody as directed by the learned magistrate, so as to ensure that the victim may lead a normal life in future after undergoing necessary brainwash.
Rejecting her appeal, the court said, “There is no merit in the contention that the victim being financially sound is not likely to indulge in such immoral activities. As is prima facie evident from the FIR, which is said to be the victim, at a particular moment, by accepting ₹1 lakh, she had agreed to indulge in prostitution.
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