Stigmatisation of Life Related to Sex Workers and their Children

I. Introduction

Xenophobic attitudes of people towards prostitutes go back to ancient times. Prostitutes have always been abhorred in Indian society, as a result of which they have always been called by derogatory terms such as “hookers”and “whore”. Stigmatisation of sex work permeates all facets of society, being understood as a mark of ignominy or spoiled identity.The term prostitution has been derived from ancient term “prostituere” which means “to expose publicly”. As defined by Oxford Dictionary “a prostitute is a person who earn money by having sex with other people.”

Thus prostitution is the practice of engaging in relatively indiscriminate sexual activity, in general with someone who is not spouse , in exchange for money. Prostitute may be a male ,female or transgender. But the term is commonly connoted with women owing to the historical background of it. Although The Supreme Court of India in Budhadev Karmaskar V State Of West Bengal and the ors (AIR-2011)² has recognised the sex work as profession whose practitioner are entitled to dignity and equal protection under the law but in reality the sex work has never received that acknowledgment in the society

II. Historical background of the prostitution in india

Prostitution has been inexorable truth of Indian Society. It is an old age profession which took the route of devotion. Jayaji Krishna Nath, M.D. and Vishwarath R. Nayar³ wrote in the Encyclopedia of Sexuality: “Purchasing young girls and dedicating them to temples, the Devadasi system, was an established custom in India by 300 C.E.” It was a prevalent practice among Hindus to contribute their female child for the purpose of dancing in temples and worship of God. The custom later developed and the girls came to be known as the ‘Brides of the Town’ or ‘Nagarvadhu’. They did not marry and considered God as their husband. However, with diminishing feudalism, these so-called Devadasis lost their protectors and were mishandled by the temple priests. This was the earliest form of prostitution. This practice further flourished in the British era when these outsiders curbed the traditional textile industry, weaponry, etc. and these communities had to turn to prostitution for livelihood. Prostitution does not deserve or elude to the negative connotation that it has been conferred to by the society

III. Prostitution in india and society attitude towards it

Prostitution has existed in the India in various forms from the dawn of civilisation. Inspite of various attempts to criminalise , decriminalise and legalise it, the industry has continued to exist nonchalantly.Ironically the profession despite being the oldest profession has been resented the most. Reason being the influence of religion dogmas regarding the concept of sex.Except the concept of procreation, sex has been made taboo in Indian Society.Misogynists perceive dignity of women with regard to their sexuality. It is difficult to believe that plethora of erotic art and work of literature such as Kamasutra which are available in public domain cannot corrupt society rather they are considered as great work of human creativity then how a sex worker providing sexual services within four walls of the room to earn their livelihood can be of great harm to people in large. The article by Thierry Schaffauser , “Whorephobia Affects All Women” describes how woman engage in sex work are often perceived to be “a public nuisance , spreaders of diseases, offenders against unskilled victims who didn’t know what is good for them and who need to be rescued.This whorephobia attitude towards them expose them to discrimination, inequality and crime. Due to stigmatisation regarding their work. Four global legal systems regarding sex work exist. The first, full criminalization for all constituents participating in the sale of sex, induces stigmatization by deliberately branding sex workers as outlaws. The second – partial criminalization, which does not punish the buying and selling of sex, but all activities around it (e.g. brothels) – promotes a divide between society and sex workers, whom are constrained to work alone. The Nordic model (the third) aims at criminalizing buyers of sex. While in theory, this model aims at eliminating sex work, it only constrains sex workers into more secretive activities, further deepening the growing wedge of understanding with the rest of society. This overwhelmingly present stigma permeates the legal foundations of the fourth model, legalisation of sex work.

India currently consists of World’s largest red- light zones, such as Sonagachi in Kolkata , GB Road in New Delhi and Kamathipura in Mumbai are few of them.Sonagachi is 2nd largest red light area in Asia. More than 10 million prostitutes are in India and 1000 different Red Light Districts Operating in India and thousands of more brothels. Both Mumbai and Calcutta have over 100,000 prostitutes. In Mumbai, 90% of the prostitutes are ‘indentured slaves’. Women become involved in prostitutes due to several factors such as their economic vulnerability, homelessness, child sexual abuse, mental ill health, trauma, previous sexual violence, drug and alcohol misuse. The persistence of the trade reflects the profitable returns. The UN estimates that human traffickers earn around $10 billion per year and that the average sale price for a slave is around$ 12,500.Since operating costs (for transportation and false documents) are estimated to be approximately $3,000 for each slave, slavers can earn nearly $1o,ooo per victim.

Research proliferated on prostitution and trafficking in 1981 in India due to the outbreak of HIV/ AIDS epidemic. Subsequently , most of the studies concerning the sex industry in India have been conducted on the topic of HIV/AIDS and the prevention and spread of HIV infection. These past studies can be broadly divided into two areas. The first area of study addresses HIV risks for prostitutes (Marten, 2005; Pauw & Brener 2003; Wojciki & Malala, 2001). These studies have examined the correlation between violence and HIV risk among prostitutes. The second category involving gender-based violence among prostitutes (Dalla & Kennedy, 2003; El-Bassel, Witte, Wada, Gilbert and Wallace, 2001; Karandikar & Prospero, 2008; Monto, 2004; Raphael & Shapiro, 2004; Simons & Whitbeck, 1991; Wechsberg & Lam, 2005) has investigated the forms and severity of violence among prostitutes, street vs. brothel-based prostitution, and substance abuse.

In both of these categories, studies have not considered the needs of prostitutes and their children, nor have they explored the types of support the children of prostitutes and their mothers need to overcome their current situations.There are 3 million commercial sex workers in India alone, of whom an estimated 40% are children, according to a study conducted by the Indian Ministry of Women and Child Development.According to Human Right Watch Report as many as 35% of them enter at an age less than. In India, prostitution is part of a larger network of criminal activity and is a multi- million dollar business (Karandikar, 2008; Menen, 2007). The prevalence of prostitution cannot be accurately described because the number of prostitutes involved in prostitution changes everyday. According to UNAIDS’ country report, there are 1.26 million female prostitutes in India(UNAIDS, 2010). The BBC news in 2006 reported that the number of prostitutes in India has risen by 50% in less than a decade. Mumbai has over 125,000 prostitutes; the majority of them come from the states of West Bengal, Orissa, Bihar, Andhra Pradesh, and Karnataka (Ghosh, 1996; Karandikar, 2008). Additionally, there are 5.4 million children of prostitutes in India, most of whom live with their mothers in the red light area (NHRC, 2008) According to the National Human Rights Commission (NHRC) report in India, there are approximately 5.4 million children of prostitutes, and most live with their mothers in red light areas

Reasons leading to this profession

Studies in India show that women either involve in sex work involuntarily, often due to economic reasons (Blanchard et al., 2005) or they are forced into sex work (Dandona et al., 2006; Silverman et al., 2007). Thus it is difficult to enumerate any one definite reason leading to this profession. Reasons and circumstances leading to this profession may differ from person to person and from place to place. Thus there are numerous reasons which drives women to this out of which poverty and unemployment are considered the core reasons.Beside that ill treatment by parents , psychological factors , lack of sex educational, family prostitutes also plays an important role

IV. Legislations and judgements regarding prostitution in india

Voluntary sex work is legal in India but trafficking for sex is punishable under the law. The profession of prostitution has not been defined as explicitly illegal in India although the certain actions related to it such as management of brothels , the subsistence of money related-to it ,pimping , arrangement of sexual act with a customer, soliciting services of prostitution in public places is illegal as per IPC. Section 372 and 373 of the Indian Penal Code 1860 also deals with prostitution but it is restricted to child prostitution only. Though under sections 366A, 366B, 370A of the IPC deals with punishing for offences of procreation of minor girl, importation of girl from foreign for sex and exploitation of a trafficked person respectively. Thus under IPC laws related to prostitution is quite limited. Section 2(f) of the Immoral Traffic (Prevention) Act, 1956 defines prostitution as ‘the sexual exploitation or abuse of persons for commercial purpose’.

This act was also referred as SITA i.e Suppression of Immoral Traffic in Women and Children Act. As per the act: -The clients can be arrested if found guilty of engaging in a sexual act in public. A woman cannot indulge in commercial sex within 200 yards of a public place. Sex workers cannot be put under the ambit of the existent labour laws considering how distinguished their profession is but they have all the rights of any given Indian citizen and are entitled to be rescued and rehabilitated if they want.

Immoral Traffic (Prevention) Act, 1986 is an amendment to the original act. As per this act, the prostitutes are to be arrested if they are found soliciting their services or seducing others. Further, call girls are prohibited from making their phone numbers public. They can be punished for 6 months along with penalties if found doing so. Clients indulging with a sex worker within the area of 200 yards of a public space can be imprisoned for a maximum of 3 months with fines. In case, someone is found indulging in sexual activity with a minor then, he/she can be jailed for up to 10 years. Pimps and similar people who live from the income made by a prostitute are guilty as well. For that matter, if an adult man lives with a prostitute he can be regarded as guilty. If he cannot prove himself to be innocent, he can face imprisonment for between 2-4 years.

SITA (1956) which was further amended to ITPA (1986) is an important law as according to the preamble of the act, the purpose of the act was to give effect to the Trafficking Convention. The preamble refers to the law as An act to provide in pursuance of the International Convention signed at New York on the 9th day of May 1950, for the prevention of immoral traffic in women and girls, enacted by Parliament in the Seventh Year of the Republic of India. The constitutionality of ITPA was challenged the landmark judgment of The State of Uttar Pradesh vs. Kaushalya.⁴

The facts enumerated in this case are that a few of the prostitutes were asked to be removed from their places in order to maintain the decorum of the city of Kanpur

The High Court of Allahabad made the pronouncement that section 20 of the act abridged Article 14 and sub-clauses (d) and (e) of Article 19(1) of the Indian constitution. The Act was held to be constitutionally valid as there was an intelligible difference between a prostitute and a person causing a nuisance. The Act is also in consonance with the object sought to be achieved ie. by maintaining order and decorum in society. The act focuses on achieving a public purpose to maintain the decorum and morality in society and rescue the fallen women and girls and provide them with rehabilitation and opportunities to the fallen victims so that they can become decent members of society. The act seeks to criminalize prostitution essentially and empowers the central government to form a special court for the trial of the offences under this act.

The Supreme Court (in Budhadev Karmaskar v. State of West Bengal and Ors.) led that sex workers have a right to dignity under Article 21 of the Constitution, which ensures the right to life and livelihood and instructed that police should not interfere with or take criminal action against adult and consenting sex workers in a momentous judgement that recognises sex work as a "profession" whose practitioners are entitled to dignity and equal protection under the law.

The Supreme Court ruled that :-

Sex workers are entitled to basic protections of human decency and dignity, and that police officers should treat them with dignity and not abuse them verbally or physically.

• The Court further held that if the media publishes images of sex workers with their clients, the crime of voyeurism under Section 354C of the Indian Penal Code should be enforced.
• The Press Council of India has been mandated with issuing appropriate guidelines in this respect.
• By order dated 19.07.2011, the Supreme Court established a Panel for sex workers.
• The Panel has highlighted three key areas of concern -
• Preventing human trafficking,
• Rehabilitating sex workers who want to leave the profession,
• Creating conditions that allow sex workers to continue working with dignity.
• The Court has ordered the States and the Union to comply in strict accordance with the panel's recommendations, which are as follows:
• Any sex worker who is a victim of sexual assault should be provided with all facilities available to a survivor of sexual assault.
• State governments may be ordered to conduct a survey of all ITPA Protective Homes so that instances of adult women kept against their will can be evaluated and handled in a timely way for release.
• The police and other law enforcement organisations should be made aware of the rights of sex workers, who are entitled to the same fundamental human rights and other rights as all citizens under the Constitution.
• The Press Council of India should be asked to create suitable rules for the media not to divulge the identity of sex workers, whether as victims or accused, during arrest, raid, and rescue operations, and not to print or telecast any pictures that may result in such revelation.
• Measures taken by sex workers for their health and safety (e.g., the use of condoms) shall not be regarded as crimes or considered as proof of a crime being committed.
• Workshops should be held by the Central Government and State Governments, through the National Legal Services Authority, State Legal Services Authority, and District Legal Services Authority, to educate sex workers about their rights in relation to the legality of sex work, police rights and obligations, and what is permissible/prohibited under the law.

Sex workers have been recognised for the first time as informal workers in The National Human Rights Commission (NHRC) advisory on the rights of women in the context of COVID-19. The advisory was issued by a panel to discuss the impact of COVID-19 on the human rights of women, and sex workers have been included under the section ‘Women at Work.’

V. Plight of children born into brothels

Lack of acceptance by the society towards the prostitutes not only make their lives vulnerable but also of their children who right from the moment of their birth have to face the same brunt and ill- treatment by the society. Every effort is made to bestow them with same destiny as their mother. Thus the offsprings of prostitutes are never given a chance. They remain victims of social discrimination, like their mothers, and suffer from inferiority complex, social alienation and lead a poor quality of life. Jean D'Cunha (1987) did a journalistic reporting on the plight of the children of prostitutes in Kamatipura, Bombay. She observed that, "While severe infections of venereal disease render numerous prostitutes sterile, most women long to have children and many do so. They perceive the child as their very own—the only human being in this vicious world with whom they can share a loving and trusting relationship" (p. 8). Thus, they bring children into this world but fail to give them a healthy upbringing.The repercussions of which are that a child born in brothels lack social , physical, emotional and educational care.The health conditions of these children is even more vulnerable. Lack of medical attention,nutrition,vaccinations are the core reasons for their deteriorating health conditions.The insalubrious living conditions further estrange them from the society.

According to Beard et al. (2010) “the literature on children of prostitutes are globally limited” (p. 2). Due to the illegal nature of prostitution, it is difficult to attain the exact number of children prostitutes in India and globally. According to the National Human Rights Commission (NHRC), in India alone, there are approximately 5.4 million children of prostitutes, and the majority of them live with their mothers in red light areas (NHRC, 2008) According to a report of National Commission for Protection of Child Rights (NCPCR)(2018) the children of sex workers are not readily accepted by their fellow mates at school, they are abused, bullied and discriminated for the place they come from. All this keeps them alienate and isolates them from mainstream society. As a consequence they grow up adapting bad habits such as drug abuse, theft and robbery with easy exposure to felons and bad men who visit their locality. Their childhood remains shattered and with no option left the girls grow up becoming sex workers and victims of human trafficking while the boys become pimps, thieves, drug traders, etc. The findings of NCPCR’s report also highlighted that children born to sex workers witness and experience depression and biases from a young age. The report states that, "These children prefer not to interact or mingle with others due to fear of discrimination and getting judged."

Moreover NCPCR in its report said that children born to sex workers are in need of access to quality education, rehabilitation, reintegration and residential facilities. It also introduced a two-pronged strategy under which, "Facilities should be provided to two generations - children of traditional sex workers who are currently staying with their parents, and the new generation for whom a targeted intervention is required since their early childhood.". Further it also stated HIV awareness should be promoted by NGOs.

VI. Constitutional provisions regarding the upliftment of children born into brothels

Under Article 21A of the Indian Constitution, children between 6-14 years of age are guaranteed free and compulsory elementary education. Further, the Directive Principles of State Policy are also instructive in this regard. Under Article 39(e), the government has the obligation to protect children against entering occupations that are unsuited to their age or strength due to economic necessity.Under Article 39(f) they have the right to “equal opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and guaranteed protection of childhood and youth against exploitation and against moral and material abandonment.”

Further, India has also signed and ratified the United Nations Convention on the Rights of the Child (1989), which broadens the right to education through its four core principles: non-discrimination; the best interests of the child; the right to life, survival and development of the child to the maximum extent possible; and the right of children to express their views in all matters affecting them and for their views to be given due weight in accordance with their age and maturity.

Thus, the obligation of the government is not simply to provide access to education. But also to take the coercive steps to reduce dropout rates and eradicate barriers such as discrimination

Apart from the government various NGOs have been working continuously to impart education to sex workers and their children. NGOs such as “Kat-Katha “and Kolkata’s “Apne Aap Women World”,are worth mentioning in this aspect ,who are teaching not only mainstream subjects such as Hindi, English and the social sciences but also focusing on training them in dance, theatre and photography. Anita, from “Kat-Katha”, said that “the organisation focuses on what the child is most interested in and enables them to pursue that particular field”. Students from Kat-Katha have gone onto do multiple things; from joining the National School of Drama to creating their own photography groups.

Although these NGOs are trying their best to empower these children by providing them with necessary skills, the problem of scale still remains; this is precisely why government intervention is necessary. The government should initiate special programmes targeted towards the youth in red light areas which focus on job training and skills and placements for government jobs. The government initiatives along with the support from society can help in uplifting the conditions of these children.

VII. Judicial opinion regarding it

In early 90s a PIL was filed in Supreme Court regarding the rehabilitation of the children of prostitutes , the court in GAURAV JAIN V UNION OF INDIA5 even though did not give judgement in favour of petitioner but has rightly stated , “Providing separate hostels and schools cannot be in the interest of those children. But they cannot be left in the unfavourable surroundings to mingle with others where there is a possibility that young girls can be likely to get abused.” Then, in Vishal Jeet V Union Of India⁵ the court did not change its opinion on the rehabilitation but issued direction for the constitution of a Committee to examine and evaluate the problem and then report to the Court.

The movement regarding the rehabilitation did not stop here but in 1997, another PIL was filed in the name of Gaurav Jain V Union Of India and Ors⁶ where the court has opined and observed that, “It is the duty of the State and all voluntary NGOs and public-spirited persons to come to their aid and to retrieve them from prostitution, rehabilitate then with helping hand to lead a life of dignity of a person, self – employment, education, financial support and children of a prostitute should, however, not be permitted to live in the inferno and the undesirable surroundings of prostitute homes.”

The Supreme Court observed that protecting the rights of such children is an obligation of the state and held that they have the right to equality of opportunity, dignity, care, protection and rehabilitation so as to be a part of the social mainstream without any prejudice or pre-stigma. It is often found that women at brothels don’t reveal their father’s identity to their children. The Supreme Court in the case of ABC v. The State (NCT of Delhi)held that single mothers who raise their child alone cannot be compelled to reveal the identity of the father to their children, and the mother shall be considered as the sole parent of the child for all legal purposes. Paternity is a matter of presumption, and it is only maternity which is a matter of fact." said the petition filed by Kharaiti Lal Bhola, president of the sabha. The Supreme Court admitted the petition and directed the issue of notice to the Central Government. The Centre has now instructed educational institutions not to insist on students seeking admission giving their father's name.

In another case of Sakshi v. Union of India⁷ the Supreme Court pressed upon its view to amend sections 375 and 376 of the prevent sexual abuse of children. The judgement provides hope to these children vulnerable to sexual abuse and violence.

All these judgements aim at redressing the aggravated condition of the children and providing them a safe and sound environment for their upliftment.

VIII. Need of the hour is legalisation of prostitution in india

“Slavery still exists, but now it applies to women and its name is prostitution” - This was quoted by Victor Hugo.

Prostitution is inevitable reality of Indian Society. Treating prostitutes as social outcasts will not cease to make them as an important part of the society nor the profession will come to an end. Prostitution like any other profession is profession but paradoxically it has never gained that status. If abortion is legal in India, then why not prostitution. Why should an argument“my body my choice”should apply to abortion and not to prostitution?”

Why a person who satisfies carnal need of other person has been subject to violence, sexual assault and discrimination?

This discriminatory attitude of society towards these people could be curb only by LEGALISING this business. While dealing with PIL filed by BACHPAN BACHAO ANDOLAN about large scale child trafficking in the country, a SC bench of Justice Dalveer Bhandari and Justice A.K Pattnaik advised the Solicitor General ,”WHEN YOU SAY IT IS THE WORLD’S OLDEST PROFESSION AND WHEN YOU ARE NOT ABLE TO CURB IT BY LAWS , WHY DON’T YOU LEGALISE IT ?”You can then monitor the trade, rehabilitate and provide medical aid to those involved.” Legalising this business doesn’t mean a freedom to run sex parlour or brothels. It basically means giving legal recognition to this profession.So the one who are involved into this will be able to have certain rights. “Amnesty International considers that to protect the rights of sex workers, it is necessary not only to repeal laws which criminalize the sale of sex, but also to repeal those which make the buying of sex from consenting adults or the organization of sex work (such as prohibitions on renting premises for sex work) a criminal offence. ”Sex workers are also human beings and hence they are entitled to a life of dignity.” BUDDHADEB BHATTACHARYA V STATE OF WEST BENGAL⁸ Prostitution in India is approximately an $8.4 billion industry. According to ILO ,” inclusion of prostitution as a financial resource can be economically beneficial to the poor nation of South East Asia due to the revenue granted by the industry “.

Legalising it and taxing the proceeds like any other business will provide an incentive for the government, and facilitate it in providing regular medical check-ups, and protecting the rights of people engaged in the profession. Prostitutes frequently seek medical care because of the stigma attached to prostitution. This leads to unintended pregnancies, HIV/AIDS, and other STIs that are common among prostitutes. The regulation of prostitution and brothels will therefore help to lessen the severity of this issue.Moreover it will enable the government to monitor to make sure that people are not forced into this business and they only take it up by choice.Thus with legalisation the business will come directly under the control of state and as such state can issue guidelines regarding the age of prostitutes, database on clientele, adequate remuneration and medical facilities to the prostitutes. This method can even help in eradication of sex racquet operations, hidden and street prostitution, abuse of prostitute, etc. In addition to that government can facilitate the service of accommodation to those prostitutes who have lost their livelihood, or those who were forced into prostitution but do not want that lifestyle anymore. Also, the government can impart training and basic education to these prostitutes so that they find other means to earn money and sustain their livelihood

Moreover legalising it will curb the exploitation which they have to face in the hands of pimp and middlemen. Thus instead of dreaming that we can and we will stop prostitution one day, let us at least, move in that direction where we could regulate and also monitor it. And the only way to do is to legalise it.

IX. Conclusion

“Prostitution presents a moral, economic and social problem that cannot be resolved juridically.” — Federica Montseny

Dignity of women is always considered with their sexuality.If so then why the dignity of men going to them is stashed between the thighs of the these women?Prostitution is that profession which although is considered as profession but ironically has never been acknowledged as one. The sufferings of prostitutes and their children will continue to linger on until and unless we as a society don’t give them that respect which is there right. Considering them as an obnoxious part of the society will not only halt their growth but it will halt the growth of society as whole. Sexual desires of men won’t stop and hence this profession will continue to exist whether we like it or not. Hence instead of treating them as outcast, we need to find means as how can we make these people acceptable in a society. We often forget to consider these people as “humans” and objectify them as “sex toys” as a result the crime, rapes and sexual violence against them are increasing day by day. Initiatives by the government must be taken in more constructive manner.

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X. References

• The Constitution of India
• Indian Penal Code,1860 (Sec 372,373)
• Supreme Court Cases
• Immoral Traffic Prevention Act (1956)
• https://collections.lib.utah.edu/dl_files/50/d1/50d1e65b59733d00504f99e7d989f8938765cffb.pdf
• https://www.juscorpus.com/rights-of-sex-workers-in-india/
• https://www.sbhambriadvocates.com
• https://indianlawportal.co.in/prostitution-laws-in-india
• https://www.theguardian.com/.../2010/jun/23/sex-workers-whorephobi
• https://economictimes.indiatimes.com/magazines/panache/right
• https://www.ijllr.com/post/prostitution-in-india-a-sociolegal-perspective
• https://www.legalserviceindia.com/legal/article-3392-legalization-of-prostitution-in-india.html
• For these children from red light area, it was a unique Father’s Day | Lifestyle News,The Indian Express
• https://www.legalservicesindia.com/article/2460/Legalization-of-Prostitution-in-India:-Need-of-the-hour.html
• https://www.youthkiawaaz.com/2020/08/the-stigma-of-being-associated-with-the-sex-trade-for-children/
• https://pubmed.ncbi.nlm.nih.gov/29148837
• https://www.ijlmh.com/paper/legalization-of-prostitution-in-india/
• https://blog.ipleaders.in/judgments-rights-sex-workers/.

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Footnotes

1. Author is a student at University of Jammu in India.

2. Budhadev Karmaskar v. State of West Bengal and the Ors. (C.R.A.NO.487 of 2004) ↩

3. The International Encyclopedia of Sexuality- Volume Two- India (516) ↩

4. State of UP v Kaushalya and others : Equivalent Citations -1964 AIR 416,1964 SCR (4)1002 ↩

5. Vishal Jeet v Union of India :Equivalent Citations-1990 AIR 1412,1990 SCR (2)861 ↩

6. Gaurav Jain v Union of India : Equivalent Citations- 1990 AIR 292,1989 SCR Sulp.(2)173 ↩

7. Sakshi v Union of India :Writ petition (crl.) 33 of 1997 ↩

8. Buddhadeb Bhattacharaya v State of West Bengal (C.R.A.N.O 487 of 2004) ↩