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INTRODUCTION

There are several contributing factors for trade in human


beings particularly in women and girl child. The factors of
trafficking in women and girl child can be described as:
poor socio-economic conditions of a large number of
families, poverty coupled with frequent, almost annual
natural disasters like floods leading to virtual destitution
of some people, lack of education, skill and income
opportunities for women (and for their family members) in
rural areas, absence of awareness about the activities of
traffickers, low status of girl children, etc. It appears from
the case studies that extreme poverty is the prime factor
which is the breeding ground for this business.
The rampant practice of female feticide in the northern
states of Haryana and Punjab has also fueled internal
trafficking. Since there is a shortage of women in these
states having a low female to male ratio, they have become
fertile ground for the operation of traffickers. Traffickers
procure girls from faraway states like Assam and Orissa;
trick their families into believing they are to be married,
only to later push them into prostitution. India is also
experiencing rapid changes in economic, political,
demographic and labour trends as an outcome of
globalization, increasing demand for cheap labour and
heavy population growth in the region encourages
migration whether legal or illegal. The movement of young
girls and women from Bangladesh and Nepal into Indian
brothels is common.
CONSTITUTION OF INDIA
Indian constitution provides for some
provisions for dealing with child trafficking.
Article 23, of the constitution of, prohibits
"traffic in human beings and other similar
forms of forced labor".
Article 24 said that "No child below the age
of fourteen years shall be employed to work
in any factory or mine or engaged in any
other hazardous employment."
• Apart form the aforesaid constitutional
provisions there are many more constitutional
provisions such as Articles 38, 39, 45 etc.
which directly or indirectly provide a mechanism
for the benefit of women and children forced into
prostitution.
• Provisions of POCSO and Information Technology
Act are also relevant for the same as child
pornography is on the rise.
• In Particular Article 39(e) provides that the
health and strength of workers, men and women,
and the tender age of children are not abused
and that citizens are not forced by economic
necessity to enter avocations unsuited to their
age.
• Further, Article 39(f) imposes a duty on
the State to direct its policy towards
ensuring that children are given
opportunities and facilities to develop in
a healthy manner and in conditions of
freedom and dignity and that childhood
and youth are protected against
exploitation and against moral and
material abandonment.
CRIMES RELATED TO HUMAN
TRAFFICKING IN INDIA
 Procuration of minor girls (Section 366-A IPC)
 Importation of girls from foreign country (Sec. 366B
IPC)
 Buying of minors for prostitution (section 373 IPC)
(previously known as buying of girls for prostitution)
 Selling of minors for prostitution (Section 372 IPC)
 Immoral Traffic (Prevention) Act 1956
 Human trafficking (section 370 & 370A
IPC),
S- 2 DEFINITIONS

The Immoral Traffic (Prevention) Act of


1986 (ITPA), colloquially called PITA, an
amendment to SITA the Suppression of
Immoral Traffic in Women and Girls Act of
1956 (SITA) and the term "child" under ITPA
means a person who has not completed the
age of sixteen years and "prostitution"
means the sexual exploitation or abuse of
persons for commercial purposes.
• Minor means anybody between 16 and 18
yrs. of age.
• Major means anybody who has attained
the age of 18 years.
• Prostitution – It means sexual exploitation
or abuse of persons for commercial
purpose.
• Trafficking Police Officer – It means a
Police Officer appointed by the Central
Govt. under section 13 (4) for discharging
the duty under this Act.
S – 3 THE PUNISHMENT FOR ALLOWING
THE PREMISES TO BE USED AS A
BROTHEL
• Any person who keeps or manages a brothel
shall be punished with rigorous imprisonment
of a minimum term of 1 year up to 3 years +
fine of Rs. 2000. Second conviction then 2 to 5
yrs.
• Any person who being tenant or lessee or
knowingly allows any other person to allow
such premises as brothel or being an owner or
landlord allows his premises with knowledge
or prostitution shall be punishable with
rigorous imprisonment up to 2 years and on
second conviction up to 5 year (fine Rs. 2000)
In this case the knowledge of the tenant or
landlord shall be presumed regarding
prostitution
S – 4 LIVING ON THE EARNINGS OF THE
PROSTITUTION

• Any person of the age 18 and above who lives


on the earnings of the prostitution of any
other person shall be punishable with
imprisonment of 2 years + Rs. 1000 and if
the victim is a child then the punishment
may extend up to 7 years.
• If the accused is proved to be an agent or tout
or pimp for prostitution or if it is proved that
he is in the habitual company of prostitute it
shall be presumed that he was living on the
earnings of prostitution.
S – 5 PROCURING OR INDUCING FOR THE
SAKE OF PROSTITUTION

• Any person who procures any other person


for prostitution whether with or without
consent
• Induces a person to go from any place for the
purpose of prostitution or to become an
inmate of brothel
• Or induces to carry on the prostitution shall
be punishable with rigorous imprisonment
for a term of 7 years + Rs. 2000 and this
offence is committed against the will of the
victim punishment will be up to 14 years.
• Under the present section if the victim is a
child then the minimum punishment is
rigorous imprisonment for 7 years which
may extend for life subject to the maximum
of 14 years.
• Kindly take note of jurisdictional aspect
under S. 5(3) which signifies procedural
aspect of the section.
S – 6 DETENTION OF A PERSON IN A
BROTHEL

• Any person who detains any other person in any


brothel or upon any premises for having a sexual
intercourse with any other person shall be
punishable with imprisonment for minimum 7
years up to 10 years + fine.
• Where a child or a minor is found in a brothel
and on medical examination if it is proved that
minor has been sexually abused it shall be
presumed that the child had been detained in
the brothel for prostitution and exploited for
commercial purpose. (RBOP)
• A person shall be presumed to detain a woman
or girl in a brothel or in or upon any premises for
the purpose of sexual intercourse with a man
other than her lawful husband, if such person,
with intent to compel or induce her to remain
there,—
• withholds from her any jewellery, wearing
apparel, money or other property belonging to
her, or
• threatens her with legal proceedings if she takes
away with her any jewellery, wearing apparel,
money or other property lent or supplied to her
by or by the direction of such person.(S. 6(3))
S -7 PROSTITUTION IN THE VICINITY OF
PUBLIC PLACE

Any person who carries on the prostitution in any


premises which is a notified area under Cl.(3) or
within a distance of 200 meters of public religious
worship institution or educational institution or
hospital or such other public place notified by the CP
or DM in this behalf shall be punishable with a term
of 3 months. If the victim is a child in this offence the
punishment may extend up to life imprisonment or 10
years + fine.
Provided that the court may, for adequate and
special reasons to be mentioned in the
judgment, impose a sentence of imprisonment
for a term of less than seven years.
SECTION – 8 SEDUCING OR SOLICITING
FOR THE PURPOSE OF PROSTITUTION
Whoever in any public place or within the site
of any public place:-
1. By words or gestures willfully expose a
person or endures to tempt or attract any
person for the purpose of prostitution or
solicits or molests so as to cause obstruction
or annoyance to any other person residing
in the nearby public place or offend against
the public decency shall be punishable with
imprisonment which shall extend up to 6
months + Rs.500 (2nd conviction upto one
year and I man is accused then min 7days
to 3months.)
S – 9 SEDUCTION OF A PERSON IN
CUSTODY

• Where a person having the custody of another


person or having the authority causes the
seduction for prostitution of that person shall
be punishable with imprisonment shall not be
less than 7 years which may extend to 10 years
+ fine.
• Provided that the court may, for adequate
and special reasons to be mentioned in the
judgment, impose a sentence of
imprisonment for a term of less than seven
years
S – 10A DETENTION IN CORRECTIVE
INSTITUTION

• Where a female offender is found guilty under


section 7 or 8 and the character and health of the
offender is such that it is expedient that she
should be subject to a detention to such term in a
institution for correction, the court instead of
convicting to imprisonment will give the order for
detaining that person in a corrective institution for
a period not less than 2 years and up to 5 years .
Before passing that order the court shall give an
opportunity for hearing and shall also consider the
report of probation officer under Probation of
offenders Act.
S – 13 SPECIAL POLICE OFFICER AND
ADVISORY BODY

There shall be for each area specified by the


state govt. in this behalf a special police
officer appointed by such govt. to deal with
the offences under this Act and such SPO
shall not be below the rank of Inspector. Such
SPO may be specially empowered by DM to
deal with a special class of cases.
Similarly, State govt. may associate with SPO
an advisory body consisting of 5 leading
welfare workers of the area to advice the SPO
on working of this Act.
According to section – 13 cl.(4) the Central
Govt. may for the purpose of the investigation
of offences under this Act will appoint such
number of Police Officers as trafficking Police
officers to carry on the investigation in more
than 1 state.
SECTION – 14 OFFENCES TO BE
COGNIZABLE

All offences under this Act shall be deemed to be


cognizable offence but the arrest without warrant can
be exercised only by a SPO or subject to his prior
approval or guidance. When a subordinate Police
Officer has to make an arrest as per this Act, it
should be in accordance with the written order
issued by the SPO and has to be shown to the person
to be arrested. But according to cl.(3) a
subordinate officer not below the rank of SI can
arrest without the order of SPO provided the
situation is very urgent but such arrest has to be
reported to SPO as early as possible.
S – 15 SEARCH WITHOUT THE WARRANT
When ever a SPO or a trafficking Police Officer
has a reason to believe an offence under this
Act has being committed in a premises in
which search is very necessary such officer
can enter and search without the warrant
from the Magistrate. Before starting the
search the SPO or TPO has to call the
respectable inhabitants of the locality
atleast 2 and one of them shall be
woman. to attend the search and may issue
the order for that. During the search all
persons residing in the premises can be
removed by the SPO.
• Provided that the requirement as to the respectable
inhabitants being from the locality in which the place to
be searched is situate shall not apply to a woman
required to attend and witness the search.
• Cl(5) if any person is taken into custody during search he
shall be produced before the Magistrate and such
persons shall be medically examined for determination of
the age and finding out the injuries of sexual abuse or to
find out sexually transmitted disease.
• Cl(6) The SPO or the TPO when making the search shall
be compulsorily accompanied by 2 women Police Officers
and any women arrested during the search shall be
interrogated only by such women Police Officer and in
their absence only by the member of a recognized welfare
organization.
SECTION – 16 RESCUE OF PERSONS

• When the Magistrate receives an


information that any person is
detained in a brothel in connection
with the prostitution he may issue a
warrant to the Police Officer to search
such brothel and take that person
into custody and produce before him.
Ms Mona vs State Of Raj on 24 May,
2018.
• In every case, on the touchstone of Section
15(2) of the Immoral Traffic (Prevention) Act,
1956, it is to be determined by the courts
whether it was efficacious for the officers to
call two persons from the locality or due to
urgency or emergency, the said provision
could not be complied with. It will depend on
the facts and circumstances of each case.
Mere violation of Section 15(2) of the
Immoral Traffic (Prevention) Act will not
vitiate the proceedings, as it will be in the
realm of appreciation of evidence in each and
every case.
S – 17 INTERMEDIATE CUSTODY OF
THE PERSON REMOVED U/S 15 OR
RESCUED U/S 16
• When ever a person is taken into
custody u/s 15 or rescued under
section 16 cannot be produced before
the appropriate Magistrate as per the
Law such persons may be produced
before any nearest Magistrate and
such Magistrate shall issue the order
for the intereem safe custody of such
persons until she is produced before
the appropriate Magistrate.
• But such interim safe custody shall not
exceed 10 days.
• Cl.(2) When a person is produced before the
appropriate Magistrate u/s 15 or 16
Magistrate shall enquire into the
antecedents of that person through
probation officers and will look into the
propriety of rehabilitation and if the
Magistrate finds the accused is involved in
the illegal act, he shall order the custody of
that person in a protective home for a
period 1-3 year.
• When such person is detained
Magistrate shall also issue order for
the proper education, care and
training and the treatment of the
detune and if required through the
supervision appointed by the court.
For discharging his functions
Magistrate will take the assistance
from experienced social workers which
are women.
S – 18 CLOSURE OF THE BROTHEL & EVICTION
OF OFFENDER FROM PREMISES

• When the Magistrate receives a


complaint that a building under his
jurisdiction is being used as a brothel,
he will issue the order to the owner or
occupier to show cause why such
building shouldn’t attached and if the
owner is not showing satisfactory
reply the Magistrate will issue the
order within 7 days for the eviction of
such buildings.
• Cl.(2) And before letting that building
further the owner has to take the
previous sanction of the Magistrate and
on further enquiry if the Magistrate finds
that the owner is innocent for the
improper use of the building he will
restore that building with a direction
that such building shall not not be
further let to the persons who used it for
illegal purpose .
S – 19 APPLICATION FORM BEING KEPT IN
A PROTECTIVE HOME OR PROVIDED
CARE AND PROTECTION BY THE COURT

• The person who is detained in a brothel for


prostitution may make an application to the
magistrate to issue an order to save her and to
keep in a protective home and to provide care
and protection under the order of the court. On
this application magistrate may give the order to
keep her in appropriate place and provide proper
care and custody pending the further enquiry
and such temporary protection may be provided
by the magistrate in a protective home or a
corrective institution or such other place under
the supervision of the magistrate for such period.
S – 20 REMOVAL OF THE PROSTITUTE
FROM ANY PLACE

• If the magistrate gets the complaint that


a person residing within his jurisdiction
is involved in the prostitution, he may
after recording the complaint issue the
order to that person to remove himself
from such place and prohibiting that
person from further re-entry. After
getting the order from the magistrate the
person against whom the order is issued
has to remove himself within 7 days and
the re-entry can be made only with the
permission of the magistrate.
S – 21 PROTECTIVE HOMES

• These Protective homes and corrective


institutions shall be established by the
State Govt. and be maintained in the
prescribed manner. When the private
persons and other agencies can establish
these homes with the license of the state
govt. For granting the license the state
govt. may direct such enquiry and
investigation regarding the competent of
the applicant and such investigation
shall be in accordance with such
procedure.
• Such license granted shall not be
transferrable and it will be for such
period. The in makes of such
protective homes may be transferred
to other protective or corrective home
subject to the order of the state govt.
The homes established without the
license shall be an offence punishable
up to fine of Rs. 5000.
• S – 22 has put an embargo as to the
fact that offences under sections 3 –
8 of the Act shall be tried by
minimum MM or JMIC rank judge.
S – 22A Power to establish special
court
• State Govt. after the consultation with
the High Court will establish this
court for the speedy trial of offences
under this Act which will be headed
either MM or JMIC.
S – 22B POWER OF THE COURT TO
TRY THE CASE SUMMARILY
• State Govt. may give the direction that
all offences under this Act tried
summarily. According to S – 262 to 265
of CRPC. During the trial if the
Magistrate considers after considering
the circumstance of the case that it
should be tried not summarily, then he
will record the reasons and try the case
according to the procedure of a warrant
case or commit it for the trial by a
Sessions Court.
• S – 23 empowers the State
Government to make rules.
• S – 24 speaks that this ITP Act is not
in derogation of any other Act like
Reformatory School Act, 1897 and S –
23 speaks about the power to make
the rules by the State Govt.
THANK YOU FOR YOUR
ATTENTION

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