Allahabad High Court Quashes Case Against Prabhu Chawla & Aroon Purie Over India Today's 2003 Story On Sexual Exploitation Of Minor Girls

A bench of Justice Brij Raj Singh observed that the article titled 'Ladkiyon Ki Mandi' did not constitute any offence under Sections 153 or 153A IPC as there was no intention of the applicants to promote any kind of hatred between the two communities.

Briefly put, a complaint was filed by one Ehtisham Mirza in 2004 before the Special Judicial Magistrate (CBI), Lucknow, accusing the Chawla and Purie of committing offences under Sections 500 [defamation], 153 [wantonly giving provocation with the intent to cause a riot] and 153A [promoting enmity among different groups on grounds of religion, race, place of birth, residence, language, etc. and committing acts prejudicial to the maintenance of harmony] IPC.

The complainant alleged that the report had insinuated that certain members of a community were selling minor girls to Haj pilgrims as 'sex slaves'. This, the complainant alleged, created unrest within the Bedia community.

Acting on the complaint, the Magistrate issued summons to the applicants in May 2007.

Chawla and Purie then approached the High Court with the present petition under Section 482 CrPC seeking quashing of the summoning order and the criminal proceedings.

They argued that the article merely highlighted the burning issue of child labor and child prostitution racketing in different parts of the country and the whole intent and purpose of the article was to bring to the notice of the public at large and authorities

Their counsel strongly contended that there was no sign of visible representation of either spoken or written words which promoted or attempted to create dis-harmony or feelings of enmity or hatred between the two groups or communities.

For context, published in India Today's English and Hindi editions on October 13, 2003, the report purportedly exposed the nexus of traffickers operating across India [from Punjab, Bengal and Hyderabad] selling young girls into forced marriages, prostitution and domestic slavery.

The report cited Hyderabad-based activist Dr. Sunitha Krishnan and revealed how poor parents were deceived into sending daughters abroad to “fulfill sexual desires of the Haj Pilgrims”.

The report also described harrowing personal accounts of victims who narrated their exploitation and the failure of law enforcement agencies to protect them.

In its 20-page order, the court noted that a mere reference to unrest or exploitation within a community cannot attract Section 153 or 153A IPC unless there is clear intention to incite hatred or violence.

"…this Court finds that there is no such situation where court may come to the conclusion that the applicants by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, disharmony or feelings of enmity, hatred or ill-will between different religious, racial language or regional groups or castes or communities or acts prejudicial to the maintenance of harmony or is likely to disturb the public tranquility", the bench noted.

Referring to Supreme Court's rulings in the cases of Manzar Sayeed Khan v. State of Maharashtra (2007), Javed Ahmad Hajam vs. State of Maharashtra & Anr. 2024 LiveLaw (SC) 208, and Patricia Mukhim v. State of Meghalaya LL 2021 SC 182 the HC reiterated that intention to promote enmity or incite public disorder is the sine qua non for the offence under S. 153A IPC.

The bench noted that the basis and source of information was mentioned "wherein it is evident that Murshidabad District of West Bengal has become a hub of human trafficking where the minor girls are sold for sexual gratification".

The bench added that even if it is mentioned that there is unrest in Bediya community, it does not mean that it is a case of disharmony between the two groups or community.

The Court also observed that Article 19 (1) (a) of the Constitution of India guarantees that a citizen has a right to freedom of speech and expression and in the present case, the plight of minor girls and their sexual exploitation had been published and it does not create any disharmony or unrest between two groups or communities.