PENALTY FOR PROSTITUTION IN INDIA
PENALTY FOR PROSTITUTION IN INDIA
Author : Tanvi Gupta
“It is a matter of bitter and sorrow and deep humiliation that a number of women have to sell their chastity for men’s lust. Man, the law giver, will have to pay a dreadful penalty for the degradation he has imposed upon the so-called weaker sex.” – Mahatma Gandhi
INTRODUCTION
Scintillating glass bangles and curvy traces, red pouts and hair embellished with jasmine; lascivious manoeuvres of hemlines too short: illegal by night, ostracised by day. This is a persuasive melange of the vision that term sex worker arouses. An outcast community, with needs and desires as mainstream as us, these prostitutes, stay outside the doors of the law. ‘Prostitution’ refers to the sexual exploitation or misuse of any person for the business purpose.[1] Prostitution is one of the oldest professions since the times of ancient Babylons and finds a prevalent place in sacrosanct, including the Vedas and Arthshastras. The foundation of prostitution is the external exemplification of the failure of man to control his animal will within the limits set by the institution of marriage.
LEGAL PURVIEW OF PROSTITUTES IN INDIA:
Prostitution in India is governed by ‘Immoral Traffic (Prevention) Act,1956’. As per the given act carrying sexual work is not illegal however, supporting activities such as maintenance of brothels or soliciting customers are punishable offences. This act is not only confined to prostitution but to all the activities against public orders, decency and action exposing the ordinary citizens to such offences.
Prostitution restrained near Public Places:
The act criminalizes brothels[2] which includes two or more prostitutes by punishing the person managing such brothels with rigorous punishment of minimum 2 years or extended to three threes and also fine extended up to ten thousand rupees. This implies that legally such activities should be carried alone. Furthermore, as per section 7 if any person carries on prostitution within two hundred metres of any public place inclusive of educational institution, hostel, hospital, temples, etc. shall be punishable with imprisonment for a term up to three months. If such an offence committed is in respect of a minor, he/ she shall be punishable with imprisonment for a minimum time period of seven years which may extend to ten years. It is not necessary that the customer must have been found having sexual intercourse with the woman and it is enough if the circumstances suggest an inference about her having offered her body for immoral purposes on receipt of any money within prohibited area.[3]
Commercial Exploitation of Women:
Trafficking in a broader sense includes various sort of exploitation against women but the most outrageous form is sex trafficking. This can further be classified into organized prostitution and involuntary under ambit of law. When an adult is coerced, forced, or deceived into prostitution—or maintained in prostitution through coercion, force, or deceit—that person is a victim of trafficking. The commercial sex trade can include street prostitution, massage parlours, escort services, strip clubs, and brothels. As per Section 5 of Immoral Trafficking (Prevention) Act, procuring taking or inducing person for the sake of prostitution is a punishable offence.
In the landmark judgment of Gaurav Jain vs UOI[4], the court emphasised on framing a National Plan of Action and recurring review of policies and forming schemes for rehabilitation of trafficked women and children. Moreover, bench with an optimistic view to change the lives of children born to prostitutes directed various orders.
Child Prostitution Laws in India:
Child Prostitution is sexual exploitation of children below the age of 18 for remuneration in cash or kind.[5]The dire necessity for food and shelter of children coming from the broken families and lured by old men for better life ironically turns dreadful. In the case of minors it is not necessary to prove fraud or coercion. Article 23[6] throw light upon the prohibition of human trafficking in any form including prostitution. The Indian Penal Code acts a saviour to minor girls and tries to curb prostitution by attacking the sources of evil. Under section 366A and 366B it is a punishable offence to procreate a minor from one place to another and importation of a girl below the age of 21 years respectively. Trafficking, commercial exploitation, sex tourism and pornography are pertinent crimes. These exploited minor children are either their case is sent to Juvenile Justice Board or Child Welfare Committee.
As per provision in Section 372 of IPC, any person who sells or hire or dispose of any person below the age of 18 with the intention to be employed for any work concerned with prostitution will be punished with imprisonment for a defined term up to 10 years or shall also be liable to fine. Similarly, as per Section 373 of IPC, any person who buys or obtains possession of such minor will be held liable with imprisonment for a defined term up to 10 years or fine.
In Munni vs State of Maharashtra[7], Nagpur police raided the red-light area commonly known as Ganga Jamuna and rescued numbers of minor girls from the brothel. The court observed that the peril of sexual abuse by immoral trafficking of minor to enter business of prostitution by coercion is age-old phenomenon and needs to be taken care by both State and the Centre. Often conditions such as poverty, illiteracy leads to the road of vulnerability of weaker section. The court believed it is duty of State and Centre to protect such children from risk as their childhood is necessary.
CONCLUSION:
Behind those lustrous sarees and makeup so wild, you will see a mother compassionate to make their child’s life better. Prostitution is not illegal per se but it is challenging for women to escape reality. The victim usually faces the complexity of laws and heart-wrenching economic conditions. Over the decades, the Prostitution laws have developed but there is an urgent need to make them more stringent. Prostitution not only weakens the marriages but also raises the great threat of STD’s, abduction of children, isolation of prostitution from society and mental trauma. Prostitution is generally considered as a taboo in our society and not discussed openly. To the change the society, we need to change the mindset of people demanding such activities and it begins with a good upbringing and inculcating an awareness of such social issues.
[1] Section 2(f) of The Immoral Trafficking Act, 1956
[2] Section 3 of The Immoral Trafficking Act, 1956
[3] Bai Shanta vs State of Gujrat, AIR 1967 Guj 211
[5] United Nation Convention on Rights of Child, 1990
[6] Constitution of India
[7] Criminal Writ Petition No. 227/2011(Bombay High Court)
