Nearly 50 years after enacting a legal framework to check prostitution, the government has finally decided to effect a radical change in the law.
But pimps, brothel visitors, will face stringent action
NEW DELHI: Nearly 50 years after enacting a legal framework to check prostitution, the government has finally decided to effect a radical change in the law. For the first time, sex workers will not be at the receiving end - they will be treated as “victims”, not “offenders”. The shift in focus is part of the government’s proposal to “decriminalise” prostitution in the country.
The ministry of women and child development (WCD) is considering an amendment in the Immoral Traffic Prevention Act of 1956, and Prevention of Money Laundering Act 2002. If the amendment is incorporated, sex workers will not be forced to vacate their houses. Nor will they be packed off to jails after raids on brothels. The law will become stringent for traffickers, pimps, brothel owners, and customers.
The government will bring trafficking of girls in the name of religious (Devdasis) and social activities (Nach and Nautanki) under the purview of this criminal law.
Prostitution is “decriminalised” in countries like Sweden, Norway, Finland and Australia. In these countries customers visiting brothels, and not sex-workers, are penalised when caught. The trade is legal in the Netherlands and Thailand.
“We have mainly adopted the Swedish model in India now,” said Ranjana Kumar, director, Centre for Social Research. Kumar said prostitution cannot be legalised because it would in turn make trafficking legal.
According to the WCD ministry officials, the government is attempting to prevent harassment of girls and women who are forced into prostitution by traffickers.
The new Bill seeks the removal of Section 8 - seducing or soliciting for purpose of prostitution - under which the police slap heavy fines on sex workers. The penalty under this section for sex workers is imprisonment between two and five years; but the customers are let off. However, the amendment proposes a fine between Rs2000 and Rs50,000 for brothel guests. A jail term of three months has also been mooted.
Section 20 is being amended to allow sex workers to continue residing in their rooms or houses. Under the existing law, a sex worker’s residence can be characterised as “brothel” and sealed. In such situations, sex workers can neither live there nor give the property on rent.
The age bracket that defines a minor has been expanded from 16 to 18 years.
An increase in the jail term for brothel owners has also been advocated; the offender can be sentenced to five to seven years of rigorous imprisonment. The definition of trafficking has been broadened to include abuse of power or of a position of vulnerability. The consent of a victim of trafficking shall be irrelevant.
The draft bill is likely to be put up for cabinet’s approval on coming Thursday following which it will be introduced in the parliament.
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