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Again, there was another restriction in it that the client could not be punished in the act itself if the girl was an adult.
Even though the lawmakers have broadened the circle of persons liable for prosecution the law is still focused on punishing women severely.
the definition of "trafficking in persons" has been proposed to include "recruitment, transportation, transfer, harbouring or receipt by persons" as punishable.
The earlier prevalent Section in both SITA and ITPA provided punishment for brothel keeping, pimping, detaining anyone in a brothel, use of premises and procurement, but with the inclusion of the above words, the Act can be used to criminalize receipt and transfer by a client.
Some of the main recommendations that are present in The Immoral Trafficking (Prevention) Amendment Bill 2005 are:- # Permits soliciting by sex workers.
# Punishment to human traffickers enhanced to 10 years' imprisonment and Rs.1 lakh fine.
Existing laws allow clients caught with sex workers to be let off easily while the women are held guilty of promoting, furthering and committing moral blasphemy.
The earlier repealed law, Suppression of Immoral Traffic (in women and girls) Act ( SITA) of 1956 allowed prosecution of persons other than women only if they "knowingly" or "willingly" forced women into prostitution.
Clients and brothel owners escaped punishment by showing ignorance.
The law to tackle prostitution i.e., the Immoral Traffic Prevention Act ( ITPA), 1956 is often misused. However, little has been and is being done to regulate or prohibit flesh trade, estimated to be a Rs. Presently there is this confusion building up as one side reiterates that prostitution should be criminalized on three strands of thought- Morality, Legal Paternalism and Harm to Other.
Devlin in his book takes the view that not all-immoral acts calls for criminal sanctions but only those that evoke from people, feelings of intolerance, indignation and disgust.