- (1.) THIS petition has been filed by a girl alleging herself to be Mrs. Kalyani Chowdhary. According to the petitioner she claims that she has been wrongfully detained in Manila Ashram, Moti Nagar, Lucknow. She accordingly has prayed for a writ in the nature of Habeas Corpus. Return was called from the Superintendent, Mahila Ashram, Moti Nagar and the Station Officer, Police Station, Saadatganj, Lucknow. They have appeared and produced the girl. According to the statement given by the Superintendent, Mahila Ashram, the petitioner had been admitted in the Ashram in the night between the 21st and the 22nd Dec. , 1977 on the basis of an order issued by the Magistrate. The Station Officer has explained that because of a dispute between the two factions concerning this girl she was produced before the Magistrate and on the basis of the orders of the Magistrate she was put in the Mahila Ashram, The girl has also appeared and made a statement. She has stated that she is not being permitted by the authorities of the Mahila Ashram to have free movement and that she is being detained against her will. According to her statement, she is married to Vinod Kumar Chowdhary and wants to live with him.
(2.) THE question for determination is whether her detention in Mahila Ashram which is a Protective Home, is in accordance with law. The documents produced and the statements made before us show that the Station Officer apprehended that there was likelihood of tension growing between the parents of the girl and some others. On the basis of this apprehension he made a report to the Magistrate and the learned Additional City Magistrate directed that the girl be kept in the Protective Home, Moti Nagar, It is on the basis of this order that she has been kept in the protective home.
(3.) PROTECTIVE Homes find a mention In the Suppression of Immoral Traffic in Women and Girls Act, 1956. "protective home" has been defined under Section 2 (g) as meaning: an institution, by whatever name called, in which women and girls may be kept in pursuance of this Act and includes- (i) a shelter where female under-trials may be kept in pursuance of this Act; and (ii) a corrective institution in which women and girls rescued and detained under this Act may be imparted such training and instruction and subjected to such disciplinary and moral influences as are likely to conduce to their reformation and the prevention of offences under this Act. Sub-section (2) of Section 10 of the Act provides that where a woman or girl is convicted of any offence under Section 7 or Section 8, she may be kept in the protective homes.;