Mumbai court upholds detention of HIV positive sex worker

Citing danger to society, order calls for counselling, rehabilitating the woman

October 16, 2021 05:45 pm | Updated October 17, 2021 04:20 am IST - Mumbai

A view of the Bombay High Court building. File

A view of the Bombay High Court building. File

A Mumbai court recently upheld a magistrate court order directing the detention of a sex worker for two years as the woman was HIV positive, which can be easily transmitted through sexual intercourse, and setting her free is likely to pose danger to society.

After an inquiry, a magistrate court on August 20 directed the detention of the woman for two years under the Immoral Traffic Prevention Act. The court directed the detention of the victim as she was found to be HIV positive, observing that there was a possibility of transmitting the virus through sexual intercourse. It was considered by the magistrate that the woman was to be rehabilitated and stopped from sex work via counselling.

The woman filed an appeal against the order before the Additional Sessions Judge S.U. Baghele.

In its order, the court recorded, “It is undisputed that she is suffering from HIV which can be easily transmitted through sexual intercourse. The setting of the victim at large is likely to pose danger to the society. The care and protection of the victim can also be ensured, by detaining her, as directed by the learned Magistrate, so as to ensure that the victim leads a normal life in future, after getting necessary brainwash.”

Dismissing her appeal, the court stated, “There is no substance in the submission that the victim is not likely to indulge into such immoral activities, being financially sound. As prima facie apparent from the FIR, whereby the victim is said to have agreed to indulge into prostitution at the particular moment, by accepting ₹1 lakh.”

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