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Freedom of Movement and Trade to the Prostitutes - A Study of Some Constitutional Aspects

By Hanuman Prasad

Published In

CrLj 1981

The Constitution of India through the provisions of its Article 19 (1) (g) has guaranteed to all its citizens the freedom to practice any profession, or to carry on any occupation, trade or business subject to reasonable restrictions to be imposed by the State. A perusal of the provisions of Sections 3 to 10, 12, 18 and 20 of the SIT Act would indicate that they are penal in character and none of them has the effect of stopping the profession or trade of a prostitute altogether. What will amount to reasonable restrictions in such matters will depend to a very great extent upon the adaptability of the public with regard to those practices prevailing in the trade. It is obvious that these factors must depend from trade to trade and no hard and fast rules can be laid down1. While considering the reasonableness or otherwise of the restrictions imposed on the trade or profession of a prostitute by this Act we have to keep in mind that prostitution ....

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