Report No. 64
5.25. Section 7(1) - Verbal change recommended.-
Under section 7(1), any woman or girl who carries on prostitution and the person with whom such prostitution is carried on in any premises which are within a distance of two hundred yards of any place of public religious worship, educational institution, hostel, hospital, nursing home or such other public place of any kind as may be notified in this behalf by the Commissioner of Police of District Magistrate in the manner prescribed, shall be punishable with imprisonment for a term which may extend to three months.
Section 7(1)-Under section 7 we may refer a suggestion1 providing sterner punishment in the case of "the male partner". A punishment of imprisonment upto one year and a fine upto Rs. 1,000 is suggested in respect of the male partner for the first offence. For the second and subsequent convictions, the imprisonment may be upto 2 years, and the fine amount may be upto Rs. 2,000.
We have found ourselves unable to accept the suggestion. No reasons have been given, for the suggestion. Moreover, the suggestions for punishing the male with a higher punishment than the prostitute misses the main object of the section-preventing prostitution near specified places. The prostitute is as much guilty as the male partner. Only a verbal "change" is required in this sub-section, namely, in place of the words "yards", the word "meters" should be substituted. We recommend accordingly.
1. S. No. 46-Suggestion of the Department of Social Welfare.
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