1957 (1) TMI 55 - HC - Indian Laws

Convictions Upheld for Violating Municipal Bye-law Regulating Public Prostitutes

Smt. Razia Versus The State

Smt. Razia Versus The State - AIR 1957 All 340, 1957 CriLJ 612 Issues:Conviction for contravening a bye-law prohibiting public prostitutes from residing and keeping brothels within the municipality limits.Analysis:The judgment involves six revisions by different individuals challenging their conviction for contravening a bye-law framed by the Najibabad Municipal Board, prohibiting public prostitutes from residing and keeping brothels within the municipality limits. The applicants raised two main points in their defense. Firstly, they argued that the Municipal Board did not have the authority to frame a bye-law prohibiting the residence of public prostitutes within the entire municipality. Secondly, they contended that since the courts did not establish them as public prostitutes, they could not be convicted for violating the bye-law.The court examined Section 298 of the U. P. Municipalities Act, which empowers the board to make bye-laws for promoting health, safety, and convenience of inhabitants. It was noted that the power to frame bye-laws is broad and not limited by specific provisions. The court found the impugned bye-law reasonable and within the board's jurisdiction to promote health. The bye-law was compared to a similar one upheld previously, demonstrating its reasonableness.Regarding the scope of the bye-law, the court analyzed Clause (e), item H, List I of Section 298, which allows the board to prohibit public prostitutes from residing or keeping brothels in specified areas. The court disagreed with previous judgments restricting the area to smaller localities, asserting that the entire municipality could be designated as a prohibited area. The court emphasized that the bye-law must specify the area where public prostitutes are not allowed to reside, without the need for the municipality to provide alternative areas for such activities.On the second contention, the court addressed the applicants' claim of not being public prostitutes but artists. The court found that the magistrate's findings, supported by evidence, established the applicants as prostitutes. The court clarified the definition of a public prostitute and concluded that the applicants fell within this category based on the evidence presented. The court dismissed both contentions raised by the applicants and upheld their convictions, leading to the dismissal of all connected revisions.In conclusion, the court's judgment affirms the validity of the bye-law prohibiting public prostitutes from residing and keeping brothels within the municipality limits, emphasizing the broad powers of the Municipal Board to frame such regulations and the importance of evidence in determining the status of individuals accused of contravening the bye-law.