JUDGEMENT
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(1.)Leave granted.
(2.)The challenge in these batches of appeals is to the order dated 6.5.2005 passed by the High Court of Judicature at Bombay in Criminal Writ Petition No.1333 of 2004 whereby the High Court quashed the Notification dated 1.10.1999 issued by the State of Maharashtra.
(3.)The Background facts:-
The Parliament enacted the Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as the Act). Statement of objects and reasons is as follows:-
(1) In 1950 the Government of India ratified an International Convention for the Suppression of Immoral Traffic in Persons and the Exploitation of the Prostitution of Others. Under Article 23 of the Convention, traffic in human beings is prohibited and any contravention of the prohibition is an offence punishable by law. Under Article 35 such a law has to be passed by Parliament as soon as may be after the commencement of the Constitution.
(2) Legislation on the subject of suppression of immoral traffic does exist in a few States but the laws are neither uniform nor do they go far enough. In the remaining States there is no bar on the subject at all.
(3) In the circumstances it is necessary and desirable that a Central Law should be passed which will not only secure uniformity but also would be sufficiently deterrent for the purpose. But a special feature of the Bill as that it provides that no person or authority other than the State Government shall establish or maintain any protective home except under a licence issued by the State Government. This will check the establishment of homes which are really dens for prostitution.
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