look news india
New Delhi, Legal Desk. The Supreme Court of the country has given a very historic and big decision regarding the nearly 70 years old Immoral Traffic Prevention Act (ITPA). After considering this law in depth, the Supreme Court has clarified that the main objective of this Act is neither to completely eliminate prostitution nor to put it in the category of a criminal offense. According to the court, the real and sole purpose of this law is to stop the commercialization of prostitution and the organized networks associated with it.
The main objective is to stop organized livelihood and its commercialization – SC
The Supreme Court bench comprising Justices JB Pardiwala and R Mahadevan, while hearing the case, said in clear words, “We are convinced that the primary objective of this Act is not to completely eradicate prostitution or to make it a criminal act. Rather, its real objective is to prevent and end the commercialization of prostitution, that is, prostitution being run as a means of livelihood.”
The history of this law is related to trafficking of women in the 20th century.
Considering the serious issue of rehabilitation of women rescued from brothels, the Supreme Court bench made a detailed analysis of this original Act of 1956. Throwing light on its history, the court said that in the early 20th century, women and girls were trafficked on a large scale into prostitution. At that time, this act was considered extremely unethical, which is why the word ‘Immoral’ was added to the name of this special law to curb smuggling.
Supreme Court’s strict and clear guidelines regarding sex workers
In its recent guidelines, the Supreme Court has also issued very strict instructions regarding the functioning of police administration and investigating agencies. The Court has clearly stated that:
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The police should completely refrain from interfering in the personal affairs of adult sex workers who work voluntarily or forcibly taking any criminal action against them.
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Sex workers should not be unnecessarily arrested, punished or mentally-physically harassed during any legal action or police raids.
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It is mandatory by law to keep the identity of these sex workers completely confidential at the time of police action or raid.
Victim-centred rehabilitation and respect for the wishes of sex workers
The Supreme Court in its decision has laid special emphasis on the fact that no adult sex worker can be forcibly detained against his will, nor can he be kept in any reform home or safe custody without his consent in the name of ‘rescue’. The court made it clear that the law of the country gives every citizen the right to make their own choice, hence the choice and rights of sex workers should be respected. The Court has also emphasized on strengthening the Victim-Centric Rehabilitation policies so that the women who want to come out of this quagmire can get a respectable place in the society.
