The Supreme Court has asked the National Judicial Academy to prepare a comprehensive protocol for Magistrates conducting the threshold inquiry under Section 17 of the Immoral Traffic (Prevention) Act into rescued adult women.
The Bombay High Court has dismissed Rani Pratap Singh’s revision against her conviction under Sections 3 to 6 of the Immoral Traffic (Prevention) Act for running a brothel at Grant Road, holding that the argument that the victim was a Bangladeshi illegal immigrant amounted to ‘victim shaming’ and that NGO witnesses in brothel raids are not ‘interested witnesses’.
The Gujarat High Court has quashed an FIR under the Immoral Traffic (Prevention) Act, 1956 against a man arraigned as a customer in a brothel raid, holding that the offences under Sections 3, 5, 7 and 9 of the Act are directed at brothel-keepers, procurers and those in a position of authority who abet prostitution, and cannot be invoked against a customer. The Court also held that no cognizance of the Section 188 IPC offence could be taken absent a complaint under Section 195 CrPC.
The Karnataka High Court ruled that individuals cannot be penalized solely for engaging in prostitution, distinguishing personal actions from exploitative activities. This decision came from a case involving a woman charged under the Immoral Traffic Prevention Act. Justice Nagaprasanna emphasized the protection of victims over unjust prosecution, reflecting a shift in legal handling of prostitution cases.
The Karnataka High Court ruled that individuals involved in prostitution cannot be prosecuted under Section 5 of the Immoral Traffic Prevention Act, 1956, emphasizing that the law does not intend punishment for the victims. This significant judgment underscores the judiciary’s commitment to protecting the rights and dignity of those coerced into prostitution.
The Allahabad High Court clarified that brothel customers seeking personal satisfaction without financial gain are not liable under the Immoral Traffic (Prevention) Act. The ruling distinguishes customers from those involved in managing or profiting from prostitution, offering a nuanced understanding of legal accountability. This decision sets a significant precedent for future cases.
