Introduction

Trafficking does not mean prostitution. They are not synonymous.

In understanding trafficking, one should delink it from prostitution.
As per the existing law, Immoral Traffic (Prevention) Act 1956
(ITPA) prostitution becomes an offence when there is commercial
exploitation of a person. If a woman or child is sexually exploited
and any person gains out of the same, it amounts to commercial
sexual exploitation (CSE), which is a legally punishable offence
wherein the culpability lies against all exploiters. Trafficking is the
process of recruiting, contracting, procuring or hiring a person for
CSE.
ITPA envisages only trafficking for CSE. Commercial activity need
not be in a brothel, but could also occur in places including a
residential dwelling, a vehicle, etc. Therefore a police officer who
is acting under ITPA has powers to take steps in all such situations
where trafficking leads to or is likely to lead to CSE in any form,
including those under the facade of massage parlours, bar
tending, ‘tourist circuit’, ‘escort services’, ‘friendship clubs’, etc.
 Immoral Traffic Prevention Act,
1986
• In 1950 the Government of India ratified the International Convention for the Suppression of
Immoral Traffic in Persons and the Exploitation of the Prostitution of others. In 1956 India
passed the Suppression of Immoral Traffic in Women and Girls Act, 1956 (SITA). The act was
further amended and changed in 1986, resulting in the Immoral Traffic Prevention Act also
known as PITA. Immoral Traffic Prevention Act, 1986 PITA only discusses trafficking in
relation to prostitution and not in relation to other purposes of trafficking such as domestic
work, child labor, organ harvesting, etc.
• The first section of the act has provisions that outline the illegality of prostitution and the
punishment for owning a brothel or a similar establishment, or for living of earnings of
prostitution as is in the case of a pimp. Section five of the act states that if a person procures,
induces or takes a child for the purpose of prostitution then the prison sentence is a minimum of
seven years but can be extended to life. To ensure that the people in the chain of trafficking are
also held responsible the act has a provision that states that any person involved in the
recruiting, transporting, transferring, harboring, or receiving of persons for the purpose of
prostitution if guilty of trafficking.
•If a person if found with a child it is assumed that he has detained that child there for the purpose of
sexual intercourse and hence shall be punishable to seven year in prison up to life imprisonment, or a
term which may extend to ten year and also a maximum fine of one lakh rupees. If a child is found in a
brothel and after medical examination has been found to have been sexually abused, it is assumed that the
child has been detained for the purpose of prostitution.
•Any person committing prostitution in public with a child shall be punishable to seven year in prison up
to life imprisonment, or a term which may extend to ten year and also a maximum fine of one lakh
rupees. If prostitution of a child is being committed with knowledge of an establishment owner such as a
hotel the license of the hotel is likely to be cancelled along with the given prison sentence and/or fines.
•Any child found in a brothel or being abused for the purpose of prostitution can be placed in an
institution for their safety by a magistrate. Landlords, leasers, owner, agent of the owner who
unknowingly previously rented their property to a person found guilty of prostituting a child, must get
approval from a magistrate before re-leasing their property for three years after the order is passed.
Section Existing Provision
2(aa) "Child" means ‘a person who has not
completed the age of sixteen years’
3(1) Any person who acts or assists in running
brothel shall be punishable on first
conviction for a term of not less than
one year and not more than three and
also with fine which may extend to two
thousand rupees and on subsequent
conviction for a term of not less than
two years and not more than five years
and also with fine which may extend to
two thousand rupees.
Amendments proposed
"Child" means a person under
the age of eighteen years.
Any person who acts or assists
in running brothel shall be
punishable on first conviction
for a term ofthree years with
fine which may extend to ten
thousand rupees and in the
event of second or
subsequent conviction with RI
for a term of not less than
seven years and also with fine
which may extend to two lakh
of rupees.
7(1A) Where an offence committed
under Sub-section (1) is in
respect of a child or minor,
the person committing the
offence shall be punishable
with imprisonment
Where an offence committed
under Sub-section (1) is in
respect of a person of less
than 18 years, the person
committing the offence shall
be punishable with
imprisonment of either
description for a term which
shall not be less than seven
years but which may be for
life or for a term which may
extend to ten years and shall
also be liable to fine.
10(a) (b) the character, state of
health and mental
condition of the offender
and
it shall be lawful for the
Court to pass, in lieu of a
sentence of imprisonment,
an order for detention in
corrective institution for such discipline as are conducive
term, not being less than
two years and not being
more than five years as the
Court thinks fit.
(b) the character, state of
health and mental
condition of the offender
and the other
circumstances of the case
are such that it is expedient
that she should be subject
to detention for such term
and such instructions and
to her correction,
It shall be lawful for the
Court to pass, in lieu of a
sentence of imprisonment,
an order for detention in
corrective institution for such
term not being less than two
years and not being more
than seven years.
•In 1998, between 5,000 and 7,000 Nepalese girls, some barely 9–10 years old were trafficked into the red light districts in
Indian cities, and 200,000 to over 250,000 Nepalese women and girls were already in Indian brothels.
•According to UNICEF, 12.6 million children are engaged in hazardous occupations.
•In 2009, it was estimated 1.2 million children are trafficked worldwide for sexual exploitation, including for prostitution
or the production of sexually abusive images.
•Only 10% of human trafficking in India is international, while almost 90% is interstate.
•According to a report by the National Human Rights Commission of India, 40,000 children are abducted each year,
leaving 11,000 untraced.
•NGO’s estimate that 12,000-50,000 women and children are trafficked into the country annually from neighboring states
for the sex trade.
•There is an estimated 300,000 child beggars in India.
•Every year, 44,000 children fall into the clutches of the gangs.
•In 2015, in India only 4,203 human trafficking cases were investigated.
•In 2014, 76% of people trafficked in India were women and girls.
•Children make up roughly 40% of prostitutes
Bachpan Bachao Andolan vs Union of India and others

7. Subsequently, the Supreme Court in Bachpan Bachao Andolan v. Union of

India, (2014) 16 SCC 616, has inter alia directed that in case a missing child is not
recovered within four months from the date of filing of the first information report,
the matter may be forwarded to the Anti-Human Trafficking Unit in each State in
order to enable the said unit to take up more intensive investigation regarding
the missing child. The Anti-Human Trafficking Unit shall file periodical status reports
after every three months to keep the Legal Services Authorities updated. Once a
child is recovered, the police authorities shall carry out further investigation to see
whether there is any involvement of any trafficking procedure by which the child
went missing, and if, on investigation, such links are found, the police shall take
appropriate action thereupon.