( 6 )
12. I now reach the subject of solicitation. I have already noted some of the acts proved to have been done in this direction, but I will give some further evidence I have procured.
In reply to my enquiries one of the memorialists deposes to having been accosted in Another pro- so public a thoroughfare as Montgomery Street by the Railway Station. ducos a letter in Burmese and English addressed to him by his official title and forwarded by hand in December 1893: To
Please come to-night to Barr Street, Rangoon, house No. 29." Another piece of evidence from a memorialist is the following which happened in December 1893: "On a recent Sunday morning I was walking up the "middle of Phayre Street about 7-80 A.M., when I observed a woman, either Eurasian or fair- "complexioned native, standing under the trees at the corner of Dalhousie Street, who was "beckoning to we to come. As I took no notice, she lifted the skirt of her dress and ex- "posed her person almost up to the waist." Now it cannot possibly be urged that a man would be laying himself open to such conduct as this in walking down such a thoroughfare as Phayre street by day or night, but the next bit of evidence explains it. Anothor corres- pondent living in the town writes in reply to enquiries: "I have myself been solicited in "Montgomery street at the end of 33rd street by women in that quarter. On December "20th three young men were solicited in the middle of Lewis street between Dalhousie "street and Merchant street. Solicitations a few months ago were systematically carried "ou in Phayre street at both Dalhousie street and Fraser street corners by women "living in 37th street. I have seen women in the neighbourhood of Canal street walk "into the street and take men into their houses." Yet another correspondent similarly Writes: "During the hot season just passed (1898), on several occasions I have seen "Japanese women on the wharves and jetties of an evening while I was down there for a "breath of fresh air. And more than once their actions with the people of some of the "British India steamers was far from right. In fact its familiarity and publicity was "such that no women of purity would tolerate.
of the S. §. told me that "while lying at Sule Pagoda Wharf in October two European women drove up to the "wharf and sent their cards to the officer on duty, and be, thinking it strange that un- "known ladies should send their cards to him, asked Mr.
-to accompany him. "The women enquired if it was the Calcutta steamer, and on being informed she had gone gave them to understand that they would do as well as any one from the said steamer if they would come home with them. While going down Sule Pagoda Road about 10 p.m. "on a night in November in company with two other meu, I myself with them, was most "publicly and persistently solicited by a Burmese woman who seemed to be prowling "about the streets for that purpose."
Mr.-
13. It is of course necessary in an enquiry like this to procure actual facts as to the extent and nature of the nuisance of solicitation in this town, and I think the above instances are sufficient to establish the fact that solicitution is carried on in Rangoon constantly and openly in places and at times when the users of the public streets have a reasonable right to expect to be free from it.
14. Now, no doubt the acts abovo described, or some of them, come under the defi- nition of "a public nuisance" in section 268 of the Indian Penal Code, namely, they are Acte which cause annoyance to the public or which must necessarily cause annoyance to persous who have occasion to use a public right, and are therefore acts punishable under section 290 of the Code. But offences under section 290 are not cognizable offences, and
in order to procure the punishment of a woman for any of them the following processes under the existing law would be necessary :---
(1) ascertaining the woman's address ;
(2) establishing her identity;
(3) complaining to a Magistrate;
giving evidence in court against her.
It is a fair question to ask: How many persons annoyed by solicitation would undertake all this? The Committee may take it for granted that the law, as it stands, will remain inoperative so far as regards the prevention of public solicitation.
15. It has not been suggested to me that any other existing law applies to solici- tation, and it appears to me that it is necessary to ask for special legal powers for its suppression.
Legislation in this direction, to be effectual, should, I think, take the following form :-
(1) it should give a definition to the word "solicitation" wide enough to cover
the many forms which solcitation can take;
(2) it should make solicitation a penal offence;
(8) it should make solicitation a cognizable offence.
I suggest here a section to cover the above pointe :-
(1) Whoever importunes, solicits or molests any person, or sits or loiters, for
Penalty for solicitation.
the purpose of prostitution or on behalf of a prostitute,
or performs any act which amounts to solicitation for
( 7 )
the purpose of prostitution or on behalf of a prostitute, shall be punishable with fine which may extend to one hundred rupees or with imprisonment for a term which may extend to fourteen days for every breach of this section.
(2) Whether any act that has been performed amounts to solicitation for the pur- pose of prostitution or on behalf of a prostitute shall be decided by the Magistrate having jurisdiction in each case.
(3) Every breach of this section shall be a cognisable offence.
16. To sum up-
(1) I do not think it necessary for the Municipality to take anp steps in reference to the alleged enslaving of women or to the alleged trffic in girls for prosti- tution.
(2) I think it established that the brothels of Rangoon and solicitation in its streets and public places aro a public nuisance of sufficient gravity to de- mand public control and the existing law does not provide sufficient ma- chinery for such control.
(3) I therefore think it advisable for the Municipal Committee to apply for legal powers sufficient to make such control effectual, and I suggest that it should ask the local Government to take steps to amend the Lower Burma Municipal Act, 1884, to the extent above indicated and to some such effect as I have above suggested,
R. C. TEMPLE, MAJOR,
President, Rangoon Municipality.
RANGOON:
The 20th January 1894.
Serial No.
*******6383698887385 8*82*23868682888
Street.
List of Brothels.
Owner's name.
Nationality of occupants.
B. Mine Kana Ebraham Esnafjee Mayeth Nacoda Mahomed Saib B. Amyee
Dawoodjes Abbo
E. G. Man
Ditto
Bugawan Babu
Em. Amedjee Waker E. G. Man
Steven Gnanamooto
Esoof Abined Patail ...
Ditto
Maung On Gaing
Burmese and Shans. Natives of India. Burmese and Natives, Ditto.
Natives.
Natives and Burmese.
Burmese.
Natives,
Ditto.
Natives and Burmese,
Natives.
Barrause.
Asiaties.
Ditto,
44
Fraser Thirty-third
18
Ditto
Ditto
23
Ditto
24
Ditto
32
Ditto
8
Ditto
Ditto
B
10
26
Ditto
11
30
Ditto
12
Ditto
Ditto.
15
-14
Montgomery Thirty-fourth
Ditto.
15
17
Ditto Ditto Twenty-ninthi
Sooratti Bazaar Co., Ltd.
Burmese and Natives.
Ditto
Fatma Bee
Japanese.
18
Ditto
A. E. Oomer
Chinese,
Ditto
Way Ranasawmy
19
Ditto
Mahomed Marlam
20
Ditto
Sujarnan Meal
21
Japaneso.
Ditto.
Chinese.
Ditto
Ditto
Ditto
24
25
Fraser
Ditto
26
427
Fraser and Mogul
Suratti Bazaar Co., Ltd.
28
Thirtieth
29
Ditto
30
Twenty-eighth
Ditto
Dicto
Ariff Bhan
Ajio Nulla Mahomed
Ebrahim Ally Moolla
Kadiza Boo
Hashim Duda
Ditto
Abdul Rulai
Ditto
Dirto
Ariff Nana
Ditto
36
Ditto
37
Ditto
Ditto
30
Ditto
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
40
Ditto
- 2 1 0 10 DONATESE228=383 385438:334885889
Rahimahu and Yacoobje Duda Esoof Patail
Ebrahim Jeewah and Mahoned
Ebrahim Joewah.
Fatma Bee
Ebraham Salaybhoy Duda
Haslino Dnda
Shaik Maltoured Ally
Abdul Kadal
Ebrahim E. Mayeth Agappa Chetty
None of British rationality known.
Enropeana.
Europeana and Asiatica,
Burmese,
Natives.
Natives and Burmese. Burmeze.
Ditto.
Native and Burmese.
Ditto.
Ditto.
Burmese and Natives. Chinese,
Natives and Burmese.
49