IMMORAL TRAFFICKING

Introduction
The Suppression of Immoral Traffic in Women and Children Act, 1956 was given
assent on 30th December 1956 and was made applicable to the whole of India. The
act was made to suppress immoral traffic in women and children as India signed the
United Nations International Convention for the “Suppression of Women in Traffic in
Persons and of the Exploitation in Others” in New York on 9th May 1950.
Subsequent amendments not only changed the nomenclature of the act but even the
preamble to The Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as
PITA) and an act made “for the prevention of immoral traffic” respectively. The PITA
has undergone two amendments in the year 1978 and 1986 respectively and it made
the act more gender-neutral. This legislation aims to stop immoral trafficking and
prostitution in India and is divided into 25 sections and one schedule.
Apart from PITA, the Indian Penal Code, 1860, the Constitution of India, 1950, the
Juvenile Justice (Care and Protection of Children) Act, 2015 (JJA) and various state
legislations also have been enacted to deal with the issue of prostitution and
trafficking. The act does not make prostitution illegal per se but it makes keeping and
using of premises as a brothel, living on the income earned via prostitution, pimping,
soliciting, seducing a person for prostitution in custody or otherwise and prostitution
in a public area etc. an offence punishable under the act. It, thus, means if
prostitution is done independently or voluntarily then it won’t constitute an offence.
The Immoral Traffic Prevention Act, 1956
The Immoral Traffic Prevention Act, formerly known as the Suppression of Immoral
Traffic in Women and Girls Act (SITA), was revised and renamed in 1986. In 1956,
the Suppression of Immoral Traffic in Women and Girls Act (SITA) was enacted in
response to India’s signing of the International Convention on the Prevention of
Immoral Trafficking in 1950. Sexual exploitation of both men and women is now a
punishable offense under the ITP Act.
The Immoral Traffic Prevention Act (ITPA) was enacted in 1956 in India. It addresses
the issue of human trafficking for the purpose of sexual exploitation.
o The act aims to prevent the trafficking of women and girls. It curbs the
immoral aspects of prostitution.
o It criminalizes various activities related to prostitution. This includes soliciting,
running brothels, and living on the earnings of prostitution.
o The act provides for penalties and punishment for those involved in such
activities.
o It also establishes protective measures for victims of trafficking.
Historical Background of the ITP Act, 1956
The Immoral Traffic Prevention Act was enacted in response to the International
Convention on the Prevention of Immoral Traffic, which was signed in New York
on May 9, 1950.
o In the Seventh Year of the Republic of India, the Indian Parliament passed the
Suppression of Immoral Traffic in Women and Girls Act, 1956 (SITA).
o This Act is also known as the Immoral Traffic (Prevention) Act of 1956.
o The Immoral Traffic Prevention Act of 1956 was the first step toward
criminalizing the sexual exploitation of any male or female.
This ITPA Act applies to the entire country of India.
Further, the Suppression of Immoral Traffic in Women and Girls Act (SITA) was
amended and renamed the Immoral Traffic Prevention Act 1986, making it more
gender-neutral.
o In 1986, the Suppression of Immoral Traffic in Women and Girls Act (SITA)
was amended and renamed the Immoral Traffic (Prevention) Act.
o Besides that, Article 23 of 2014 amended Constitution includes the following
provisions: trafficking in human beings and beggars and other similar forms of
forced labour are prohibited, and any violation of this provision is punishable
by law.
Definition of Brothel According to the Act
A brothel refers to any place or premises where individuals engage in prostitution
activities. It can also be a place where more than one person offers sexual
services in exchange for money or other benefits. It includes not only physical
establishments but also any other place used for such purposes.
The Act considers even small rooms, huts, or other places where prostitution
activities occur as brothels. The key aspect is the commercial nature of sexual
services being provided at the premises, regardless of their size or location.
Definition of “Trafficking” according to ITPA
The definition of “trafficking” is defined in various sections of the ITPA. Section 5
of the immoral traffic prevention act discusses obtaining, taking, and even
inducing a person for the purpose of prostitution.
Section 5 of the ITPA defines trafficking as any attempt to procure, take, or cause
a person to engage in prostitution. As a result, the ITPA has given the term
“trafficking” a broad definition.
Need for Immoral Traffic Prevention Act
The following are the reasons why an Immoral Traffic Prevention Act is required:
o To end trafficking in which, girls, children, adolescent girls, and women in the
age group of 18 to 45 years are traded for illegal activities. Including
o Within the territory of India
o Outside the territory of India
o To put an end to commercial sexual exploitation (CSE) in which women and
children are victims.
o The Immoral Traffic Prevention Act punishes anyone who visits a brothel with
the intent of sexually exploiting trafficked victims.
About Immoral Traffic Prevention Act, 1986
In 1986, amendments were made to the Immoral Traffic Prevention Act to
strengthen its provisions.
o The amendments expanded the definition of trafficking. It included not only
prostitution but also the trafficking of women and children for other forms of
exploitation.
o It enhanced the penalties for offenders involved in trafficking.
o It increased the focus on rehabilitation and social reintegration of victims.
o The amendments also introduced the concept of "protective homes" to
provide a supportive environment for the rehabilitation of victims.
Immoral Traffic (Prevention) Amendment Bill, 2006
The Immoral Traffic (Prevention) Amendment Bill was introduced in 2006. It
aimed at strengthening the Immoral Traffic Prevention Act.
o The proposed amendments sought to address emerging challenges in
combating human trafficking.
o It aimed to provide enhanced protection to victims. The bill sought to expand
the scope of the act.
o It included newer forms of exploitation, such as trafficking for forced labour
and organ trade.
o It also proposed stricter penalties for traffickers.
Salient Features of the Immoral Traffic Prevention Act
Here are key Salient Features of the Immoral Traffic Prevention Act:
o The Immoral Traffic Act only covers trafficking for the purpose of prostitution
and excludes all other types of trafficking.
o ITPA does not apply to other types of trafficking, such as domestic
work, child labour, organ harvesting, etc.
o The ITP Act defines “prostitution” as the sexual exploitation or abuse of
persons for commercial purposes or consideration of money or any other kind.
o The Immoral Traffic Act only prevents and regulates prostitution; it does not
outright prohibit prostitution.
o The first and third sections of the PIT act outline the illegality of prostitution as
well as the penalties for owning a brothel or a similar establishment.
Punishment for Trafficking as per ITPA
The ITPA act imposes a variety of penalties, which can be found in sections 3-9,
11, 18, 20, and 21. The following actions are punishable under the ITPA:
o Maintaining and using the property as a brothel;
o Living off of income from prostitution;
o Pimping or otherwise soliciting for prostitution;
o Seducing a person in custody;
o Prostitution in a public place, etc.
Anyone who maintains or permits the use of a property as a brothel is subject to
strict imprisonment under Section 3.
o The manager of a brothel faces a sentence of one to three years in prison and
a fine of Rs. 2000 on the first conviction; on repeated convictions, the
sentence is two to five years in prison and the same fine.
o Under subsection (2), an owner-tenant, lessor-lessee, or landlord-occupier
shall be punished for at least two years and a fine of Rs. 2000 on the first
conviction, and the punishment may be increased to five years and a fine on
repeated convictions.
According to Section 4, a person who lives his life on the money made by a
prostitute can be imprisoned for two years or fined Rs. 1000, or both, and if such
earning is made by prostituting a child or a minor, the sentence can be increased
to ten years, with no less than seven years served.
o One requirement of this section is that the applicant is over the age of
eighteen.
Other Initiatives to Combat the Trafficking of Women and Children
o The National Plan of Action to Combat Trafficking and Commercial Sexual
Exploitation of Women and Children was formulated in 1998.
o The Ministry of Home Affairs has established a dedicated cell to prevent
trafficking.
o The Ministry of Women and Child Development (MWCD) and the Ministry of
External Affairs have collaborated to create special task forces to combat
cross-border trafficking.
o The MWCD, in partnership with NIPCCD and UNICEF, has developed three
manuals. This is named the 'Judicial Handbook on Combating Trafficking of
Women and Children for Commercial Sexual Exploitation'.