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DAILY NEWS ANALYSIS
08 January, 2024
4 Min Read
Recently the Kerala High Court ruled that a customer in a brothel can be charged under the Immoral Traffic (Prevention) Act, 1956.
What is the Immoral Traffic (Prevention) Act, 1956?
Human trafficking – Forced or illegal transfer of people for the purpose of labour or other illegal activities.
Under Article 23 (1) of Indian constitution, trafficking in human beings or persons is prohibited in India.
Passed in – 1956, as All India Suppression of Immoral Traffic Act (SITA) in pursuance of the International Convention signed by India in 1950, for the prevention of immoral traffic.
Objective – To prevent the commercialisation of vices and the trafficking of females.
Amendment Act of 1986 – It has amended the title to ‘Immoral Traffic (Prevention) Act’ and replaced the words ‘Women and Girls’ with the word ‘Persons’.
Definition – Section 2 of the act defines both ‘brothel’ and ‘prostitution’.
Brothel – It includes any house, room, or place, or any portion of any house, room or place, which is used for purposes [of sexual exploitation or abuse] for the gain of another person or for the mutual gain of two or more prostitutes.
Prostitution – It is defined as the sexual exploitation, or abuse of persons, for commercial purposes.
Special police officer – There shall be for each area to be specified appointed by or on behalf of state government who shall not be below the rank of an Inspector of Police.
Protective home – An institution where people in need of care and protection are kept.
Corrective institution – An institution where a person in need of correction or reformation may be detained but no victim can be sent to a corrective institution against her wishes if she is an adult.
Punishment – It penalises acts such as
Section 5 of the act deals with punishments.
Imprisonment – Inducing persons to engage in prostitution is punishable with rigorous imprisonment for 3–7 years, along with Rs 2,000 fine and if it is committed against their will, the maximum sentence can be extended to 14 years or life.
What is the current case?
Petitioner’s plea – He shall not be implicated for any offence under the ITP Act.
District court ruling – It rejected the plea of petitioner and directed that charges be framed against him.
Kerala HC ruling – While the term “procure” isn’t defined in the 1956 Act, the court construed the word to mean those getting or obtaining “domain over a person” for prostitution.
Significance of the ruling – By adding that a customer will be held liable in addition to pimps/brothel-keepers who hire persons for prostitution.
Prosecution of customers |
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Against the prosecution of customers |
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