Immoral Traffic (Prevention) Act (ITPA)

Background

  • Enacted in 1956 as the Suppression of Immoral Traffic in Women and Girls Act (SITA)
  • Renamed as the Immoral Traffic (Prevention) Act in 1986
  • Enacted to fulfil India’s obligation under the 1950 UN Convention on suppression of trafficking
  • Made gender neutral through amendments

Objective

  • To prevent trafficking and commercial sexual exploitation
  • Prostitution itself is not illegal
  • Criminalises activities that facilitate, organise, or profit from prostitution
  • Focuses on protection and rehabilitation of victims

Key Definitions

  • Prostitution means sexual exploitation or abuse for commercial purposes
  • Brothel includes any place used for sexual exploitation for gain
  • Trafficked person refers to any person induced, forced, or coerced into prostitution

Major Offences and Provisions

  • Keeping, managing, or assisting in the management of a brothel is punishable
  • Allowing premises to be used as a brothel is an offence
  • Living on the earnings of prostitution of another person is criminalised
  • Procuring, inducing, or trafficking a person for prostitution is a serious offence
  • Detaining a person in premises where prostitution is carried out is punishable
  • Soliciting or seducing for prostitution in public places is prohibited
  • Prostitution near public places such as schools, temples, hospitals, and hostels is banned

Powers of Authorities

  • Police are empowered to conduct search and rescue operations
  • Magistrates can order rescue and removal of victims from brothels
  • Courts may place rescued persons in protective or corrective institutions
  • Special provisions exist for rehabilitation and welfare of victims

Significance

  • Acts as India’s primary legal framework against human trafficking for sexual exploitation
  • Emphasises victim protection rather than punishment
  • Supports India’s commitment to international anti trafficking conventions
  • Strengthens the legal basis for rescue, rehabilitation, and social reintegration of victims

Limitations and Issues

  • Often criticised for victim criminalisation during enforcement
  • Rehabilitation mechanisms remain weak and underfunded
  • Focuses largely on sex trafficking and not all forms of human trafficking
  • Requires better coordination between police, judiciary, and welfare institutions
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