The Union Cabinet will take up on Thursday the Immoral Traffic Prevention
(Amendment) Bill to enhance the punishment for those involved in human
trafficking for sex, and include clients among the offenders.
At present, "clients" don't come under the purview of the act in what has been
seen by many as an infirmity in the law. The proposed amendment, which defines
the client as "a person who visits or is found in a brothel," has run into
angry protests from sex workers and NGOs.
The proposed amendment, part of the move to clamp down on the world's oldest
profession, has attracted protests from NGOs and sex workers' representatives
who have argued that the new amendments would drive sex work underground and
criminalise clients.
The proposed amendments, as recommended by Parliament's standing committee,
also provide for stricter punishment. For instance, "any person who keeps or
manages a brothel" will now be liable for rigorous imprisonment of two years
which may extend to three years and a fine which may extend to Rs 10,000 for a
first conviction.
This may increase to seven years and a fine of Rs 2 lakh. For a person caught
trafficking, the punishment can extend up to life imprisonment.
The Bill designed to amend ITPA also makes provision for setting up of a
central authority that will work towards combating and prevention of
trafficking.
NGOs and sex workers' associations, who have for long demanded that commercial
sex be legalised, have carried out widespread protests.
Amongst the objections that they have to the changes are that they seek to
penalise clients but in effect drive sex workers underground, criminalise
consensual adult sex work and undermine HIV prevention interventions among sex
workers and the general population.
ITPA had been tabled in Parliament last year and was referred to a standing
committee. The recommendations of the committee were incorporated by the
ministry of women and child development before the proposed legislation was
made public.
