Prostitution legal in J&K. Govt plans to scrap old law

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Prostitution legal in J & K,govt plans to scrap old law

Riyaz WaniPosted online: Saturday, May 13, 2006

•Prostitutes can register by filling form,paying Rs 5

http://www.indianexpress.com/story/4334.html

SRINAGAR, MAY 12: As Kashmir seethes in anger over the

sex abuse scandal involving top politicians, senior

police officers and bureaucrats,the government is

planning to repeal an old law with makes prostitution

legal in the state.

Jammu and Kashmir is the only state in the country

where prostitution is legal. According to the Public

Prostitutes Registration Rules, 1921, a prostitute can

carry on her trade legally if she registers herself

with the District Magistrate. She has to fill in a

simple application form, file it in person and pay Rs

5 as fee.

Though, the State tries its sex offenders under the

Prevention of Immoral Trafficking Act (PITA) and the

sections of its own Ranbir Penal Code, the rules of

1921 have not been repealed. The rules are still

published in J & K Laws, the State’s statute book.

Law Minister Muzzaffer Hussain Beigh, who is also the

Deputy Chief Minister of J-K, admitted the rules were

still in force and could be invoked. ‘‘Yes, the rules

are in the book and are as such valid,’’ Beigh said.

He, however, said the Government would repeal them in

the next Assembly session. ‘‘It is a different matter

that no woman would register now under the rules, but

the rules will have to go.’’

Sanctioned by the Darbar of the then Maharja Hari

Singh vide Chief Minister letter No 17197, dated

February 12, 1921, these rules were first published in

Government Gazette of the same year.

The rules define a public prostitute as ‘‘a woman who

earns her livelihood by offering her person to

lewdness for hire.’’ The rules also allow for the role

of a brothel keeper and defines him or her as ‘‘the

occupier of any house, room, tent, boat, or place

resorted to by person of both sexes for the purpose of

committing sexual immorality.’’ However, the brothel

keeper has to ensure that he does not keep the

prostitutes who are not registered with the

Government.

The Kashmir Bar Association in a PIL on the sex abuse

scandal has sought the repeal of the rules. ‘‘These

rules are still part of the J & K statute book. Even

though the state has PITA, these rules are not outside

the framework of the Act. And we are the only state in

India which has them,’’ Bar Association president Mian

Abdul Qayoom said.

Qayoom said, if anybody wished, he or she can invoke

these rules. ‘‘A woman, if she wishes, can register

herself as a prostitute. Being in force still, the

rules cannot be simply brushed aside.’’

Registrar General of J-K High Court Hasnain Masoodi

agrees: ‘‘According to these rules, an adult woman can

of her own free volition register herself as a

prostitute while the PITA presumes that she is

coerced, induced or influenced.’’

District Magistrate, Srinagar, Asghar Samoon said

there was no record of any prostitute registering in

Srinagar after 1947.

-riyaz.wani@...

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