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The Immoral Traffic (Prevention) Act, 1956 (ITPA), originally known as the

Suppression of Immoral Traffic in Women and Girls Act, is a piece of


legislation enacted to prevent trafficking for commercial sexual exploitation.
Over the years, this Act has undergone several amendments to strengthen its
provisions and make it more effective in combating trafficking and sexual
exploitation.

The Immoral Traffic (Prevention) Act, 1956 (ITPA), originally named the
Suppression of Immoral Traffic in Women and Girls Act, was enacted in
India as a direct consequence of the country's commitment to the International
Convention for the Suppression of the Traffic in Persons and of the Exploitation
of the Prostitution of Others, signed in New York in 1950. The ITPA has been
amended over the years to strengthen its provisions against trafficking and
sexual exploitation. Notably, significant amendments were made in 1986 and
later in 2006 through the Immoral Traffic (Prevention) Amendment Bill.

The 1986 amendments to the act focused on clarifying the legality of


prostitution and the punishment for owning brothels or engaging in trafficking
activities. The legislation criminalizes various activities related to sex work,
aiming to restrict and eventually abolish prostitution in India. It imposes severe
penalties on anyone involved in recruiting, transporting, transferring, harboring,
or receiving individuals for the purpose of prostitution, with imprisonment
terms that can extend to seven years or more【8†source】.

The Immoral Traffic (Prevention) Amendment Bill, 2006, introduced significant


changes to further combat human trafficking and sexual exploitation. Key
highlights of the 2006 amendment include:
- Removal of provisions that penalized prostitutes for soliciting clients, shifting
the focus towards penalizing any person who visits a brothel for the purpose of
sexually exploiting trafficked victims.

- Introduction of in-camera trials for all offences listed in the Bill, ensuring the
privacy and dignity of the victims during legal proceedings.

- Definition of "trafficking in persons" with provisions for punishing those


guilty of trafficking for the purpose of prostitution.

- Establishment of authorities at both the central and state levels to combat


trafficking, although the Bill was criticized for not elaborating on the roles,
functions, and composition of these authorities.

- The amendment sought to address only trafficking for the purpose of


prostitution, leaving out trafficking for other purposes like bonded labor and
domestic work, which was seen as a limitation of the Bill.

These amendments aim to strengthen the legal framework for preventing


trafficking and sexual exploitation, focusing on protection, rehabilitation, and
providing justice to the victims while also attempting to tackle the root causes
of trafficking. The evolving nature of the ITPA reflects ongoing efforts to adapt
to the complexities of trafficking and exploitation in modern society.

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