Wednesday, 16 April 2014

The Immoral Trafficking (Prevention)Act-1956


Background:
In 1950, the Government of India ratified an international convention for the suppression of Immoral Trafficking in persons and the exploitation of the prostitutions. Legislation on the subject of suppression of Immoral Trafficking are now widely followed by the member nations including India.

Short Title:This Act may be called as Immoral Trafficking(prevention)Act, 1956.

Extension:It extends to the whole of India except the state of Jammu & Kashmir.

Definition:“Brothel” includes any house, room or place or any portion of any house, room or place, which is used for purposes of sexual exploitation or abuse for the gain of another person or for the mutual gain of two or more prostitutes.

Punishment for keeping a Brothel:Any person who keeps or manage, or acts or assists in the keeping or management of a brothel shall be punishable on first conviction with rigorous imprisonment for a term of not less than one year and not more than three years and also fine as two thousand rupees.

Punishment for living on the earnings of prostitution:Any person over the age of eighteen years who knowingly lives, wholly or in part, on the earnings of the prostitution of any other person shall be punishable with imprisonment for a term of two years, or with fine which may extend to one thousand rupees.

Detaining a person in premises where prostitution is carried on:In any Brothel or any premises with intent that such person may have sexual intercourse with a person who is not the spouse of such person shall be punishable for not less than seven years, which may extend to ten years with liable fine.

Prostitution in the vicinity of public places:Any person who carries on prostitution and the person with whom such prostitution is carried on, should be within a distance of two hundred meters of any place of public religious worship, educational institution, hostel, hospital, nursing home or such other public place other wise she/he shall be punishable with imprisonment for a term which may extend to three months.

Special Police Officer and advisory body:The State Government appointed special police officer for such area to be specified by the state government for dealing with offences under this Act in that particular area.