Immoral traffic prevention act 1956
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In 1950 the Government of India ratified the International Convention for the Suppression of ImmoralTraffic in Persons and the Exploitation of the Prostitution of others. In 1956 India passed theSuppression of Immoral Traffic in Women and Girls Act, 1956 (SITA). The act was further amendedand changed in 1986, resulting in the Immoral Traffic Prevention Act also know as PITA. PITAonly discusses trafficking in relation to prostitution and not in relation to other purposes of traffickingsuch as domestic work, child labour, organ harvesting, etc. The following is an outline of theprovisions in this law that pertains to children below the age of 18.
The act defines child as any person who has completed eighteen years of age. The first section ofthe act has provisions that outline the illegality of prostitution and the punishment for owning abrothel 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 ofprostitution then the prison sentence is a minimum of seven years but can be extended to life. Toensure that the people in the chain of trafficking are also held responsible the act has a provisionthat states that any person involved in the recruiting, transporting, transferring, harbouring, orreceiving of persons for the purpose of prostitution if guilty of trafficking. In addition any personattempting to commit trafficking or found in the brothel or visiting the brothel is punishable under thislaw.
If a person if found with a child it is assumed that he has detained that child there for the purpose ofsexual intercourse and hence shall be punishable to seven year in prison up to life imprisonment, ora term which may extend to ten year and also a maximum fine of one lakh rupees. If a child is foundin a brothel and after medical examination has been found to have been sexually abused, it isassumed 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 prisonup to life imprisonment, or a term which may extend to ten year and also a maximum fine of one lakhrupees. If prostitution of a child is being committed with knowledge of an establishment owner suchas a hotel the license of the hotel is likely to be cancelled along with the given prison sentenceand/or fines.
Any child found in a brothel or being abused for the purpose of prostitution can be placed in aninstitution for their safety by a magistrate. Landlords, leasers, owner, agent of the owner whounknowingly previously rented their property to a person found guilty of prostituting a child, must getapproval from a magistrate before re-leasing their property for three years after the order is passed.
In 2006, the Ministry of Women and Child Development proposed an amendment bill that has yet tobe passed. The amendment does not really concern any of the provisions related to the child but hasmany important consequences for the right of women sex workers.
The act defines child as any person who has completed eighteen years of age. The first section ofthe act has provisions that outline the illegality of prostitution and the punishment for owning abrothel 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 ofprostitution then the prison sentence is a minimum of seven years but can be extended to life. Toensure that the people in the chain of trafficking are also held responsible the act has a provisionthat states that any person involved in the recruiting, transporting, transferring, harbouring, orreceiving of persons for the purpose of prostitution if guilty of trafficking. In addition any personattempting to commit trafficking or found in the brothel or visiting the brothel is punishable under thislaw.
If a person if found with a child it is assumed that he has detained that child there for the purpose ofsexual intercourse and hence shall be punishable to seven year in prison up to life imprisonment, ora term which may extend to ten year and also a maximum fine of one lakh rupees. If a child is foundin a brothel and after medical examination has been found to have been sexually abused, it isassumed 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 prisonup to life imprisonment, or a term which may extend to ten year and also a maximum fine of one lakhrupees. If prostitution of a child is being committed with knowledge of an establishment owner suchas a hotel the license of the hotel is likely to be cancelled along with the given prison sentenceand/or fines.
Any child found in a brothel or being abused for the purpose of prostitution can be placed in aninstitution for their safety by a magistrate. Landlords, leasers, owner, agent of the owner whounknowingly previously rented their property to a person found guilty of prostituting a child, must getapproval from a magistrate before re-leasing their property for three years after the order is passed.
In 2006, the Ministry of Women and Child Development proposed an amendment bill that has yet tobe passed. The amendment does not really concern any of the provisions related to the child but hasmany important consequences for the right of women sex workers.
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