Analysis of Upendra Baxi and Lotika Sarkar v. State of Uttar Pradesh, Case law on Prostitution

In the case of Upendra Baxi and Lotika Sarkar v. State of Uttar Pradesh also known as the The Agra Home Case a disastrous state was discovered in a Protective Home that was initially constructed and worked under the provisions of SITA allocated under section 1719 and 21 in Agra. This case eventually expanded for a duration of sixteen years and prolonged until 1997 which was around eleven years subsequent to the enactment of ITPA. This case started when a letter was communicated to the justice of the Supreme Court of India by Upendra Baxi and Lotika Sarkar who were professors at that time at Delhi University. The then Justice P. N. Bhagwati received the letter which was printed in a daily newspaper namely ‘Indian Express’.

The letter was later converted into a writ petition and nonetheless the superintendent of the home was instructed to equip clarification. The letter unveiled a scandalous and outrageous photograph of the Agra Protective home. This place was supposed to be a protective home for females ransomed from prostitution but it seemed more like a “hell house”. The letter claimed that the home was a hired building that had two underground cellars which were about twelve feet by twelve feet and it had around 100-125 women in it. The females had to live like animals with improper drainage and ventilation systems. The case extended from 1981 to 1997, the court even after observing that this case constituted crucial exploitation was unsuccessful to decide a rigorous action against the culprits. Rather than passing instructions or giving reasonable alternatives to provide justice to the victims with rigid judgments it didn’t take serious official actions against the authorities of that home.
We need to promote preventive programs against prostitution at a large rate. Helping restoration of rights of women who were victims of prostitution. Advocating and counselling. Spreading awareness to let people know the issues related to prostitution. Societies, NGOs and every citizen should take part in for stopping prostitution. While ensuring this we must also ensure that the children born in brothels and to such victims are provided with a considerably very decent future. They should be prevented from being forced to become next generation prostitutes.
Trafficking is an immoral act and trafficking for the purpose of prostitution is even more unethical and wicked. It is disheartening to see that a country like India is facing the problems of gender discrimination, patriarchal setup since ages. Unfortunately even the legal jurisprudence of the nation is flawed. The government activism towards sex workers is inefficient and insufficient for the victims. As these victims who get trapped into enslavement for prostitution do not have a proper legal status thus unfair judgments is provided for or by them. The pimps traffickers and police who are involved in this cruel act are immunized from punishments whereas these victims who had already been suffering the hell like life are claimed badly for the society as they were in the profession of servicing immoral intercourse. There are many proofs of innumerable children being trafficked for the purpose of sexual exploitation yet not many necessary steps have been taken to solve this issue. Even the protective homes are unsafe for these victims. These homes are unsafe and poorly funded for their rehabilitation.


Thence we can conclude that trafficking for the purpose of prostitution is iniquitous. There are possible solutions to prevent sexual exploitation such as rehabilitation, synergy, society safeguarding, prevention of the second generation, restoring the rights and health of those women who are trapped and most importantly taking strict action and and alternative solutions to punish the culprits who trafficked females and sexually explored them for the purpose of enslaving them as prostitutes. The legislation needs to implement strict and rigid laws for punishing the offenders. It is also necessary to spread awareness all around the nation especially in villages and remote areas. Sex education is also necessary as well as making people understand about the situation and scenario of who are the actual culprit and victim.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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