BABASHEB BHIM RAO AMBEDKAR

UNIVERSITY, LUCKNOW

ASSIGNEMENT TOPIC: Overview of Immoral Traffic

(Prevention) Act, 1987 and Forced Prostitution
SUBMITTED TO: DR. ASHISH SHAHI
SUBJECT: Gender And Law (LB-9064)

SUBMITTED BY: KISHAN CHATURVEDI

ROLL NO:

0
 INDEX
S/N TITLE Pg/No
1. Acknowledgement ………………………………......2
2. Declaration ………………………………………….3
3. Research Methodology …………………………......4
4. Introduction...………………………………………5
5. Historical Background of the ITP Act, 1986 ……...6
6. Immoral Traffic Prevention Act, 1986…………….7
7. Meaning of brothel and prostitution……………...8
8. Special police officer and his powers……………9
9. Magistrate and his powers………………………..10-11
10. Case laws…………………………………………12-13
11. Punishments under PITA………………………..14-16
12. Protective homes and corrective institutions…….17-18
13. Conclusion………………………………………..19
14. Bibliography……………………………………...20

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 ACKNOWLEGEMENT
First and foremost, I would like to express my sincere gratitude to my
teacher, DR. ASHISH SHAHI, who has been a constant source. of
guidance and support throughout this assignment. His advice has
helped me to develop my ideas. Without his support, this work would
not have been possible. I would also like to thank the friends and peers
of my institution, who have provided me with the necessary resources
and support to complete this project. Their support and belief in my
abilities have been a source of inspiration and motivation. In
conclusion, I would like to thank everyone who has contributed to the
successful completion of this work. Your support and encouragement
have been invaluable, and I am truly grateful for your assistance.

KISHAN CHATURVEDI

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DECLARATION
I hereby declare that the project titled Overview of Immoral Traffic
(Prevention) Act, 1987 and Forced Prostitution researched and
submitted by me to BABASAHEB BHIMRAO AMBEDKAR
UNIVERSITY, LUCKNOW in partial fulfilment of the requirement
for submission under the guidance and supervision of Prof. DR.
ASHISH SHAHI is an original and bona-fide work carried out in
academic interest. This work has not been submitted to any institution.
These views expressed in this work are mine and do not represent any
person, organization or community.

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 Research Methodology

(I) Title of the Project

“Overview of Immoral Traffic (Prevention) Act, 1987 and Forced
Prostitution”
(II) OBJECTIVE
The primary objective of the project is to state the basic concept of the
topic. The project aim is limited but is to give a general overview of the
topic.
(III) METHOD
The research method adopted is doctrinal due to the limited knowledge
of the researcher about the topic.
(IV) SOURCE OF DATA
Secondary source of data consisting of books article and various e-
resources have been used in the study.

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 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.

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Historical Background of the ITP Act, 1986
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.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). This Act is also
known as the Immoral Traffic (Prevention) Act of 1956.
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.
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. In 1986, the Suppression of Immoral
Traffic in Women and Girls Act (SITA) was amended and renamed the
Immoral Traffic (Prevention) Act. 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.

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Immoral Traffic Prevention Act, 1986
In 1986, amendments were made to the Immoral Traffic Prevention Act
of 1956 to strengthen its provisions. 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.
It enhanced the penalties for offenders involved in trafficking.
It increased the focus on rehabilitation and social reintegration of
victims.
The amendments also introduced the concept of "protective homes" to
provide a supportive environment for the rehabilitation of victims.

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Meaning of brothel and prostitution
It is important to know the definitions of ‘brothel’ and ‘prostitution’
given under section 2(a) and section 2(f) respectively.
A brothel includes “any:
1. house or any portion of any house.
2. room or any portion of any room.
3. conveyance or portion of any conveyance.
4. place or portion of any place.
for purpose of:
 sexual exploitation or.
 abuse for the gain of another person or;
 for the mutual gain of two or more prostitutes.”
It is vital to prove1 whether such place is used for commercial
exploitation or abuse. It is a question of fact whether a single use of
such a place can make it fall under the definition of the brothel. It must
be noted that it largely depends on the circumstances surrounding and
the person keeping the2 place.
The criteria for declaring a person as a ‘prostitute’ is construed from
the definition of prostitution. It means “the sexual exploitation or abuse
of persons for commercial purpose.” Accordingly, two things to be
remembered are:
1. the occurrence of exploitation or abuse of a person for sex, and
2. such a person engaging in this activity does it for commercial
gain.

1
1967 AIR 567, 1967 SCR (1) 586
2
Gaurav Jain vs Union Of India & Ors on 9 July, 1997
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 Special police officer and his powers
The central government has been vested with the power to appoint
‘trafficking police officers’ intended for dealing with offences related to
sexual exploitation of persons. They can investigate any offence relating to
PITA or any other law for the time being in force which is committed in
more than one state. These officers can discharge functions and exercise
power like an SPO all over India. The powers entrusted to an SPO are as
follows:
 An officer can arrest without warrant or can allow his subordinate to
arrest any person, provided it is given in writing, without a warrant.
An arrest under PITA cannot be made by regular police. However, it
a settled principle of criminal law that a trial shall not be vitiated
merely because the investigation is not done by the authorized
investigation officer until prejudice is shown3.
 SPO has been given the power to search any premises without a
warrant under Section 15. Such officer must have a reasonable ground
to believe that securing a warrant from a Magistrate will cause undue
delay and lead to the destruction of pieces of evidence. Therefore,
only on reasonable grounds a search can be made without a warrant
and must not be used arbitrarily. PITA being a special act4 its
provisions need to be strictly followed and the investigating agencies
cannot show complete disregard to the provisions of Section 15 (1)
and (2).
 While searching, he shall go with no less than two women officers and
can call two or more reputable resident of the neighbourhood (one
shall be a woman) where the search is made under Section 15(1). The
inhabitants shall witness it and the SPO has the authority to take any
person found on the premises to an appropriate magistrate.
 Next, a mandatory medical examination of such person shall be done.
A woman detained during a search will be interrogated by a woman
officer or a woman from a recognised welfare organisation.

3
R.A.H. Siguran vs Shankare Gowda Shankara , August, 2017
4
1970 AIR 1396, 1969 SCR (2) 799
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Magistrate and his powers
Section 2 (c) defines a magistrate as “specified in the second column in
a Schedule as being competent to exercise the powers conferred by
section in which the expression occurs, and which is specified in the
first column of the Schedule”. A magistrate under this act is vested with
wide powers like:
 DM may appoint a specified person to act as SPO under Section
13 (2A).
 A magistrate has the power to rescue a person under section 16
living or carrying on prostitution in a brothel and for this an
officer not below a sub-inspector shall be entrusted with the task
to enter and produce the person removed from such brothel before
him.
 The person removed or rescued who was not produced before an
appropriate magistrate then he can be taken to the nearest
magistrate who shall pass an order for his safe custody. Once
appropriate magistrate gets cognizance of the matter then an
inquiry shall be directed to the probation officer and an order
under section 17(2) of same nature mentioned above may be
passed.
 If the inquiry finds that the person needs care and protection, then
he can be sent for detention in a protective home for one year to
three years.
 A magistrate can take assistance from a panel of five respectable
members to discharge functions under section 17 (2) and can keep
a list of social workers working to end immoral traffic in the
society.
 The addition of section 17A has empowered the magistrate to see
the genuineness of the parent, guardian or husband of the person
rescued under section 16 by investigating through a recognised

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 welfare organisation and accordingly pass appropriate order as
per section 17.
 A magistrate can issue a notice for show cause to the in-charge of
premises or place, allegedly used as a brothel, located in a public
place. Within seven days the in-charge must satisfy him as to why
the property shouldn’t be attached for improper use and if the
magistrate disagrees then he may pass an order either leading to
the eviction of the occupier or direct such landlord, lessor or
owner of the place to get prior approval from the magistrate
before letting it out. Provided that if it found that the owner, lessor
or landlord are innocent then the premises shall be given to them
on the condition that it shall not be let out to person using it for
improper use.
 A magistrate can remove any prostitute in his jurisdiction and
may issue a notice to her and show cause as to why she should
not be prohibited from staying in his jurisdiction and re-entering
it. The magistrate after conducting an inquiry and hearing the
person alleged to be a prostitute may pass an order for her
removal if he thinks it is best for the public.

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Case laws
 Sahyog Mahila Mandal and Ors. v. State of Gujarat and Ors.5
“Even a woman or girl living in a brothel or who is carrying on or being
made to carry on prostitution in a brothel and removed therefrom on
the direction of Magistrate under Section 16(1) is required to be
produced under Section 16(2) of the Act before the Magistrate issuing
the order and is required to be dealt with in accordance with Section 17
(2), (3), (4) and (5) for the purposes of safe custody and rehabilitation.”
 Sangeeta and Ors. v. State and Ors.
“A close scrutiny of the said Sub-sections leaves one in no doubt that
every function of the learned Magistrate whichever is to be performed
by him is subject to the provisions of Sub-section (5) of Section 17.”
 Prerana v. State of Maharashtra and Ors.6
“A Magistrate before whom persons rescued under the Immoral Traffic
(Prevention) Act, 1956 or found soliciting in a public place are
produced, should, under Section 17(2) of the said Act, have their ages
ascertained the very first time they are produced before him. When such
a person is found to be under 18 years of age, the Magistrate must
transfer the case to the Juvenile Justice Board if such person is a
Juvenile in conflict with law, or to the Child Welfare Committee if such
person is a child in need of care and protection.”
 Avijit Biswas v. The State of West Bengal and Ors.:
MANU/WB/0386/2020
“It is notable that for exercise of powers under Section 20 of the IT Act,
being the removal of a prostitute from any place… powers have been
granted inter alia on Executive Magistrates specially empowered by the
State Government as well.”

5
(2004) 2 GLR 1764
6
2003 BomCR Cri, (2003) 2 BOMLR 562, 2003 (2) MhLj 105
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  State of U.P. v. Kaushailiya.7
“Section 20, in order to prevent moral decadence in a busy locality,
seeks to restrict the movements of the second category of prostitute and
to deport such of them as the peculiar methods of their operation in an
area may demand.”

 7
(1964) 4 SCR 1002; AIR 1964 SC 416

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Punishments under PITA
The punishments imposed under the act are varied and can be found in
sections 3-9, 11, 18, 20 and 21. The offences punishable are keeping
and using of premises as a brothel, living on the income earned via
prostitution, pimping or else soliciting for prostitution, seducing a
person in custody and prostitution in a public area etc. an offence
punishable under the act.
 Section 3 punishes any person with rigorous imprisonment who
keeps or allows premises to be used as a brothel. The manager of
a brothel shall get a punishment between one year to three years
with a fine of Rs. 2000 on first conviction and for subsequent
conviction the punishment shall be between two to five years with
the same amount of fine. As per sub-section (2) an owner-tenant,
lessor-lessee or landlord-occupier shall be punished with at least
two years with a fine of Rs. 2000 on first conviction and for
subsequent conviction the punishment may be enhanced to five
years with a fine. A conviction from section 3 makes the lease of
the place invalid8 where brothel was run.
 As per section 4, a person living his life from the money made by
a prostitute can be imprisoned for two years or a fine of Rs. 1000
or both and if found such earning is made from prostituting a child
or a minor then it can go up to ten years no less than seven years
of imprisonment shall be served. One requisite of this section is
that a person should be above the age of eighteen. Examples of
section 4 are pimp, tout, a person habitually living with a
prostitute etc. Section 3 and 4 do not apply to the customers of a
prostitute.
 The Bombay High Court in Bindo Ganesh Patil v. The State of
Maharashtra: MANU/MH/2420/2018 has clearly said that
“Section 5 of the PITA pertains to procuring, inducing or taking
[person] for the sake of prostitution. This offence is complete

8
1975 AIR 2473, 1976 SCR (2) 300
14
 when a person procures another person for prostitution or induces
such person to go from any place with intent that such person
becomes the inmate of a brothel or to take such a person from one
place to another to carry on prostitution.” The punishment is
rigorous imprisonment of 3 to 7 years with Rs. 2000 fine. If it is
done against a persons’ will or is minor then between seven to
fourteen years and if the same is done with a child then it is seven
years to life imprisonment.
 Section 6 allows the court to punish a person detained in any place
used for prostitution for seven to ten years imprisonment of either
description along with fine. The court has to provide special
reasons if the punishment of fewer than seven years has been
given to the accused. No legal proceedings would lie against any
woman who has been detained under such premises by the
detainer. There are certain presumptions in section 6 like:
o A child in a brothel found to have been sexually abused then
she has been detained for purpose of prostitution, or
o It is presumed under sub-section (3) that a woman is
detained for sex if a person withholds her property like
jewellery or induces her with the threat of legal proceedings
if she dares to take away her property.
 Section 7 (1) bars people to carry on prostitution within a
specified area, violation of this provision leads to the
imprisonment of three months. However, the punishment changes
to seven to ten years with fine if prostitution is committed within
such specified areas with a child or a minor. Any punishment less
than seven years shall be recorded with special reasons in the
judgement.
 Section 7 (2) not only prohibits owner-tenant, lessor-lessee or
landlord-occupier or agent but even the keeper of a public place
like hotels prostitution in public vicinity. For the first conviction,
the punishment is three months with a fine of Rs. 200 and for
subsequent conviction, it is six months with a fine. The licence of
15
 the hotel where prostitution is carried can be cancelled for a
period not less than three months to one year. However, if a child
or a minor is found in such hotel for prostitution then the licence
can be cancelled forever.
 Seduction or solicitation in public places whether from within a
house or not amounts to an imprisonment of six months with fine
on first conviction which increases to one year for subsequent
conviction under section 8. The word ‘solicit’ has the essential
import of an oral entreaty or persuasion for prostitution.
 Custodial prostitution leads to the imprisonment of either
description for a term of seven years to life or ten years with fine
as per section 9. Any punishment less than seven years needs to
be justified by giving special reasons.
 If a previously convicted offender gets convicted committing an
offence under PITA within five years from his release then the
court at the time of passing sentence can ask for the notification
of his residence as per section 23 for 5 years from the date his
sentence has come to an end. This order shall be rendered void if
such conviction is overturned by a higher Court.
 When the directions passed under section 18 (1)(b) is flouted then
the owner, landlord or lessor can get a fine up to Rs. 500 and if
the proviso of the abovementioned provision is not adhered to
then an offence is set to have been committed as per section 3 (2)
(b) or section 7 (2) (c) of PITA.
 Any prostitute removed from a place and defying the orders of
magistrate passed under section 20 shall be fined Rs. 200 and if
it continues then she will be liable to a fine of Rs. 20 daily.
 A protective home or a corrective institution must adhere to the
terms of its licence. A contravention of the same attracts a fine of
Rs. 1000 for the first time and subsequent conviction it is single
year imprisonment or Rs. 2000 fine or even both.

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Protective homes and corrective institutions
A protective home and a corrective institution are licenced under
section 21. However, a protective home is “an institution where people
in need of care and protection are kept” in the umbrella shade of
technically qualified persons along with necessary equipment and other
facilities required for the institutions proper functioning. It. On the
other hand, a corrective institution is “an institution where a person in
need of correction or reformation may be detained.” No victim under
PITA can be sent to a corrective institution9 against her wishes if she is
an adult. It is also different in the sense that the former does not include
a corrective institution or a shelter where undertrials are kept and the
latter includes a shelter where undertrials are kept as per the act.
Section 21 gives power to the state government to create numerous
such homes and institutions as it feels fit. These institutions have to
work according to the norms laid down by the state government. The
procedures concerning a protective home or a corrective institution are
as follows:
1. An application to the State Government must be sent by an
individual or an authority like a non-governmental organisation.
2. After its acceptance, a licence is issued to such individual or
authority. This licence is made as per the rules made under the
act.
3. The management of such home or institution shall be preferred to
give to a woman.
4. Before handing over the licence a full-fledged investigation shall
be made by the state government.
5. No licence issued or renewed is transferrable.
6. The licence granted can be revoked if it found that the protective
home or corrective institution is not working as per the rules or
provisions of this act. However, the licence holder shall be heard
9 Nurjamman Lokman Lashkar vs The State Of Maharashtra on 15 July, 2019

17
 before any such action would be taken. The revocation will cease
the functioning of such home or institution.
7. The licence holder under shall be required to submit records and
other documents as required by the court.
A magistrate after receiving an application from the trafficked person
to send her to a protective home or provided care and protection by the
court shall inquire and can accept the demand of her application for
such period as specified. During this period, the trafficked person must
be given protective care and vocational training10 so that she becomes
self-sufficient and economically self-reliant.
A court under section 10A can send a female offender to the institution,
guilty under the provisions of section 7 or 8 if it deems fit that her
detention under the institution would be beneficial to her. The detention
order can stay for a period of two to five years in lieu of a sentence of
her imprisonment.

10
Apne Aap Women Worldwide Trust ... vs The State Of Bihar & Ors on 20
November, 2014

18
Conclusion
The people involved in the flesh market are often those who are of poor
economic strata, migrant workers and who want extra income. These
people are often lured into having a rosy future and persuaded by
trickery or flattery. Once they enter the system it is hard for them to live
a normal life. The negative consequences of joining this field of work
are not only borne by the prostitute but even her children and her
family.
PITA is legislation formulated to curb the mischief and offences
associated with immoral trafficking but it seems that the act is more
regressive than progressive in the sense that these fallen angels of the
flesh trade are subjected to evil treatment rather than as victims. The
system seems to be cruel to them by arresting them and not treating as
victims of crime. Hence, an empathetic approach towards fallen angels
and strictest measures against the pimps, brothel keepers and immoral
traffickers needs to be ensured by the society and the system.

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BIBLIOGRAPHY
Books
1. Nomita Aggarwal , Women & Law in India,2002 edition
2. The immoral traffic(prevention) act, 1956

E-resources
1. https://byjus.com/free-ias-prep/immoral-traffic-prevention-act-
itpa/#:~:text=It%20penalises%20any%20person%20visiting,for%20the
%20purpose%20of%20prostitution.
2. https://blog.ipleaders.in/need-know-immoral-traffic-prevention-act-
1956/
3. https://testbook.com/ias-preparation/immoral-traffic-prevention-act

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