Detention of HIV positive 'sex worker' upheld

A sessions court in Dindoshi recently rejected an appeal by a commercial sex worker’s father against her detention ordered by a magistrate and stated in its order that as she is suffering from HIV, which is transmissible by sexual intercourse, setting her free is likely to pose a danger to society.

Her father had opposed the order and denied the allegations that she was involved in prostitution. He said that his daughter works as an actor,

that he is a police officer and can take care of his daughter. Further, that the family is financially sound and his daughter is willing to reside with them. He had also contended that she was apprehended because of a misunderstanding and only detained as she is HIV positive. The prosecution had opposed her release and told the court that she had been caught red-handed.

Additional Sessions Judge SU Baghele said in his order that on perusal of the magistrate’s order he found that she was ordered to be detained as she was found to be HIV positive and that there was possibility of transmission if she is released. The magistrate had also directed that she be rehabilitated and counselled to avoid indulging in such activities.

“Though it is sought to be canvassed that the victim was not involved in prostitution, the perusal of the FIR prima facie reveals otherwise...as the victim is indisputably suffering from HIV, which can be easily transmitted through sexual intercourse, the setting of the victim at large is likely to pose danger to society,” the court said. Judge Baghele further said that her care and protection can be ensured by detaining her so that she can lead a normal life in future

after counselling. The court did not agree with the submission that she is not likely to indulge in immoral activities as she is financially sound, as it said it is prima facie apparent from the FIR that she agreed to indulge in prostitution by accepting Rs. 1 lakh.