BROTHEL is out! A prostitute’s customer can be ARRESTED under the Immoral Traffic Prevention Act

The Immoral Traffic Prevention Act allows for the booking of clients of prostitutes, according to the Kerala High Court. The person may face charges in accordance with Section 7 of the Act, according to the HC. According to this, there must always be a buyer for illegal trafficking or sexual exploitation to occur. Sexually abusing or exploiting people for financial gain is what is meant by prostitution. Given that sexual exploitation cannot be carried out in a solitary manner, it was stated that the perpetrator of the crime is also a member of the category of ‘persons with whom such prostitution is carried on’.

In a case brought by a person accused of violating Sections 3 of the Act (punishment for maintaining a brothel or permitting the use of property as a brothel), 4 (punishment for surviving off the proceeds of prostitution), and 7 (Prostitution in or near Public Places), Kerala High Court Justice Bechu Kurian Thomas made the comments. The court went on to say that the person with whom the prostitute engages in prostitution is the one who abuses or exploits the prostitute.

In light of this, the Court ruled that immoral commerce cannot be committed or continued without a client. The Investigating Officer reportedly saw the petitioner engaging in a sexual act with the two prostitutes after receiving Rs 500, and as a result, he was booked for offences under Sections 3, 4, and 7 of the Act, according to a Bar and Bench report presented before the court.

The petitioner, however, refuted the accusations and stated that he had sought treatment at an ayurvedic hospital for back discomfort, and the on-call physician had recommended oil massage for thirty days as a cure. The petitioner argued that even if the accusations were to be believed, he would not be subject to prosecution since the law does not allow for the prosecution of a consumer. In response, the court recognised that a client fits under the definition of ‘person with whom such prostitution is carried on’ as stated in Section 7(1) of the Act and rejected the petition.