Originally posted by Vishesh
Thanks Mad_cap n Kavitha..
yes that links says so..
still i am confused abt these issues.. in movies i saw that police is raiding on hotels and arresting ppl..
i need to know more abt these issues..
thanks for the info
Vishesh, here is some information that might clear your doubts.
The two principal Indian laws that address trafficking and prostitution in particular are the Suppression of Immoral Traffic in Women and Girls Act of 1956 (SITA) and the Immoral Traffic (Prevention) Act of 1986 (ITPA), colloquially called PITA, an amendment to SITA. Neither law prohibits prostitution per se, but both forbid commercialized vice and soliciting. Aside from lack of enforcement, SITA is problematic in several ways. One of its chief drawbacks is that the prescribed penalties discriminate on the basis of sex: a prostitute, defined under SITA as always a woman, who is arrested for soliciting under SITA could be imprisoned for up to a year, but a p*** faces only three months.85 SITA allowed prosecution of persons other than the prostitutes only if the persons involved "knowingly" or "willingly" made women engage in prostitution. Accordingly, p***s, brothel owners, madams,and procurers could feign ignorance of prostitution and escape punishment. The client, moreover, was not viewed as an offender and could not be sanctioned under SITA.86 Finally, SITA only addressed street prostitution;
prostitution behind closed doors was left alone, "a loophole that actually promoted the establishment of brothels.
The Immoral Traffic (Prevention) Act of 1986 (ITPA) amended the 1956 SITA in important ways. However, its basic goals and premises remain much the same as those of SITA. Although prostitution as such is not prohibited under ITPA, this statute contains nine punishable offenses, including operating a brothel, abetting in brothel keeping, living off brothel earnings, procuring, detaining, activity in vicinity of public places, seducing or soliciting. Ironically, ITPA does not authorize the police actually to close brothels. Unlike SITA, ITPA recognizes that men and children can also be sexually exploited for commercial purposes, and introduces stiff penalties against those who profit from the prostitution of minors and children.
ITPA also expands police power to prevent trafficking, but at the same time attempts to curb the potential abuse of power by the police during raids€"such as verbal, physical and sexual harassment. Whereas SITA empowered a special police officer to conduct a search of any premises without a warrant, ITPA extends these powers to the accompanying trafficking police officers who enter the premises. However, ITPA prohibits male police officers from conducting a search unless accompanied by two female police officers. Interrogation of women and girls also has to be undertaken by female police officers. If this is not possible, the women and girls can be questioned only in the presence of a female member of a recognized welfare organization. Additionally, the act mandates rehabilitation of prostitutes in "protective homes," shelters or reformatories where education and living facilities are to be provided.