LI Network
Published on: December 30, 2023 at 12:30 IST
The Kerala High Court recently ruled that a person visiting a brothel can face legal action under the Immoral Traffic (Prevention) Act, 1956 (ITP Act).
Justice PG Ajithkumar highlighted that although the Act doesn’t explicitly define “procure,” its Section 5 penalizes actions involving “procuring, inducing, or taking a person for the sake of prostitution.”
The Court emphasized interpreting the term within the Act’s context and its intended purpose. Consequently, it concluded that even a customer at a brothel could be held accountable under Section 5 of the ITP Act.
According to the Court’s judgment, the statute aims to prevent the commercialization of vices and trafficking of women and girls. It referenced the Merriam Webster Dictionary definition of “procure” as obtaining possession or something, aligning it with the Act’s objective.
Thus, anyone obtaining control over a person for prostitution purposes could be considered as procuring, including a consumer in this context.
This ruling stemmed from a criminal revision petition filed by an individual caught as a customer at a brothel. Initially accused under multiple sections of the ITP Act, the petitioner sought discharge, which was denied by a magistrate court. Subsequently, an appeal was made to the High Court.
After a thorough examination of the ITP Act’s provisions and case specifics, the Court dismissed charges under Sections 3, 4, and 7 but upheld the charge under Section 5 against the petitioner.