Why in News ?

Observing that Prostitution not a criminal offence under the law, and that an adult woman had the right to choose her vocation, the Bombay High Court has ordered immediate release of three women sex workers detained at a state corrective institution in Mumbai.

What is the reason for release ?

• Prostitution had not been considered a criminal offence under the Immoral Traffic (Prevention) Act, 1956.
• Immoral Traffic (Prevention) Act, 1956 does not empower the Magistrate to hold the custody of the victims beyond the period of three weeks without there being any final order to that effect after following due process of law.
• Punishable offence under the Act is sexual exploitation or abuse of a person for commercial purpose and to earn the bread thereby.
• Where a person is carrying on prostitution in a public place or when a person is found soliciting or seducing another person as defined under the Act.
  • Where was nothing on record to show that the petitioners were seducing any person for the purpose of prostitution or that they were running a brothel.

Immoral Traffic (Prevention) Act, 1956

• Prostitution Definition :  means the sexual exploitation or abuse of persons for commercial purpose, and the expression prostitute shall be construed accordingly
• Immoral Traffic (Prevention) Act 1956 (ITPA) not in relation to other purposes of trafficking such as domestic work, child labour, organ harvesting, etc.
• What falls under the act?
  • Running a brothel for earning
  • Corrective institution for victims who are in need of correction, may be detained under this Act
  • Protective home mentioned in the act
  • Child or Women is trafficked for sexual purpose.
• Punishment for living on the earnings of prostitution
  • Prostitution becomes an offence when there is commercial exploitation of a person. If a woman or child is sexually exploited and any person gains out of the same
  • Any person over the age of eighteen years who knowingly lives, wholly or in part, on the earnings of the prostitution of any other person shall be punishable with imprisonment for a term which may extend to two years, or with fine
  • Soliciting or seducing for the purpose of prostitution is punishable with six months in jail and a fine of Rs 500
  • Child has detained for the purpose of sexual intercourse and hence shall be punishable to seven year in prison up to life imprisonment.

Voluntary sex work is not illegal and only running the brothel is unlawful ie Prostitution not a criminal offence if voluntary.

Analysis of Issues related to Prostitution

Sex workers in India

• Three million women are engaged in commercial sex activity (CSA) in India, a 50% rise from 1997.
• Over 60% of those trafficked into sex work are adolescent girls in the age group of 12-16 years.
• More than 35% girls in India enter CSA before 18 years of age.
• India has three lakh brothels in 1,100 identified red-light areas, housing nearly five million children.

What is the difference between Trafficking and Prostitution ?

Trafficking is the process of recruiting, contracting, procuring or hiring a person for commercial exploitation of a person. Trafficking could also be a means for other types of violations such as for developing pornographic material, for promoting sex tourism, for sexual exploitation through various means.

Immoral Traffic (Prevention) Act 1956 (ITPA) is only meant for Trafficking not for Prostitution. Displacement of a person from one community to another, Exploitation of the trafficked person of any means also falls under trafficking.

Supreme Court panel 2011

The panel, formed in July 2011 after the Budhadev Karmaskar vs State of West Bengal case.

• Supreme Court panel formed to look into the status of sex workers in the country has recommended that sex work be given legal recognition in India.
• Police must not interfere or take criminal action against adult sex workers participating with consent.
• State authorities should issue ration cards to sex workers, that sex workers should be given voter identification cards, and that the children of sex workers should be given admission in government schools.
• Rehabilitation be made a right for those who seek it
  • Recommended that a scheme should be made to protect, rehabilitate, provide livelihood alternatives, and prevent re-trafficking of sex workers.
  • The scheme should allow for monetary provisions of up to Rs50,000.
• The panel has also called for recommendations to amend the existing Immoral Trafficking (Prevention) Act.
  • Section 7 of the Act be amended to include the clause that sex work will not be illegal if conducted near a public place like a temple, hospital, educational institution, etc., in cases where these public places have come into existence subsequent to the prostitution has started.
  • Section 4 not penalising those living on the earnings of a sex worker

Besides Pam Rajput Committee report, submitted to the women and child ministry recommended for the decriminalisation of sex work.

Government Initiatives against exploitation

• The Immoral Traffic Act (Prevention) or PITA, 1986 stated that prostitutes can be arrested for soliciting sexual services.
• Central Government is implementing Ujjawala a comprehensive Scheme for prevention of trafficking and
  rescue, rehabilitation and reintegration of victims of trafficking for commercial sexual exploitation.
• National Scheme for Rehabilitation of Sex workers : The scheme is first of its kind and provides rehabilitation to sex workers as well as victims of commercial sexual exploitation.
• The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018, : Creates a law for investigation of all types of trafficking, and rescue, protection and rehabilitation of trafficked victims.

Source : Yojana, The Hindu  

Topic

GS II : Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections

Current Affairs Compilation : 28 September 2020