Report No. 64
4.15. Section 2(e)-'prostitute'.-
Section 2(e) defines a 'prostitute' as meaning "a female who offers her body for promiscuous sexual intercourse for hire, whether in money or in kind". The observations made in the Report of the Committee was that the term should be defined more precisely and clearly, so as to check all possible avenues being used by the anti-social elements indulging in the vice. The recommendation of the Committee was that a proviso should be added to indicate that when a female offers her body for promiscuous sexual intercourse, it may be presumed that the act is motivated by the expectation of reward in form of money or kind. It is stated that the suggested provision "will make prosecution easier, by shifting the burden of proof to the accused."
We do not, however, think that it would be desirable to have the suggested presumption. Though discretionary, it is bound to be applied either in all cases or in none at all. There is no evidence that any serious difficulty has been experienced in proving the requirement about hire. If prostitution is carried on as a business-with the continuity which a "business" implies-such a presumption will certainly be drawn, even without an express provision. But where there is no element of business, it is not proper to draw a presumption.
It is hardly necessary to add that our reluctance as to incorporating such a presumption does not mean that there is any sympathy- With a woman indulging in promiscuity. The reluctance is based on the consideration of impropriety which we have just now mentioned. It is also based on an apprehension that such a presumption may be abused, and may unduly widen the present scope of the Act, and we are not inclined to accept the suggestion. We have already stated that at least for the present we are reluctant to recommend widening of the Act.
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