INTRODUCTION
Child Sexual Commercial Exploitation is a big problem in India. The group of traffickers kidnaps the girl from the road, market, and mall and sell them to brothels and international flesh trade, sometimes their parents force them to enter this field because of poverty and lack of education. These girls and women are forced to be prostitutes in Indian flesh trade on a plague level. The customers of the business abuse the girl on a daily basis and treat like a commodity. Girls traffic from Nepal and Bangladesh sell them in India brothel houses, flesh trade, marriage etc. This is very shameful for us. In this article we will discuss the concept of child prostitution acts implements, and legal framework in India combating from this crime. There are many acts enforced related to this problem, but these laws do not seem to be adequate or comprehensive with dealing in various forms of trafficking. A list of various organization that can be used to deal with the issue of child prostitution. We want more effective law and amendments. There are a lot of cases on child prostitution pending in Supreme Court. Victims face many problems like drug addiction, HIV/AIDS.
HISTORY OF THE CHILD PROSTITUTION
The first voice was raised by parents for selling the girls to brothel houses in England (1885). The Europe child prostitution develop end of the 19th century. The history of the child prostitution is not unique in India. Indian and Chinese parents sell their children for prostitute work. In ancient days girls and women were sold to kings for devadasi.
EFFECTS ON CHILDREN
Child faces following dangerous situation when they being a prostitute-
- Children being drugged addicted.
- They are sexually abused.
- They face pregnancy problems.
- Furthermore they suffer from HIV/AIDS problems.
CHILD SEXUAL COMMERCIAL EXPLOITATION DATA REPORT
According to Government information data around 20,000 ladies and child traffic for sexual business abuse ascend to 25% when contrasted with 2015. 19,223 Women and Children were trafficked by traffickers in 2016 according to the statistics of the Ministry of Women and Child Development, this data is 10% more from 2015. The most elevated number of casualties was traffic from West Bengal, Uttar Pradesh, Haryana, Bihar, and so forth. Individuals of lower class sold their daughters and kids for extravagances, better employment opportunities, and luxuries to agents. 80% of youngsters dealt, assessed 1.2 million sell and purchase for sexual abuse. Government of India, distributed a report there 10 million sex laborers in India and around 1,00,000 only found in Mumbai which is the biggest sex industry center in Asia. There are a number of youngsters’ traffic from India to other countries. Women and Children in India commissioned by NHRC produces evidence of child sex tourism phenomena in Delhi, Uttar Pradesh, Andhra Pradesh and Pondicherry. The main spot from which this heinous work pursued is Mumbai. Which is the most monetarily reasonable city in the country. In 2005, the National Human Rights Commission (NHRC) report[1] that sex workers mostly traffic the child between the age group of 14 to 16 for sexually assault and forced marriage. The Childline Foundation[2] studied in 2007 and presented the report that every year approx. 44,476 missing and 11,008 untracked. The data shows that child prostitution increases day by day.
LEGAL FRAMEWORK IN INDIA RELATED TO CHILD PROSTITUTION
In India there are various law related to child prostitution like Indian Penal Code 1860, Immoral Trafficking Act etc.
Sec. 366-A of Indian Penal Code States that Procuration of minor girl – Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable which may extend to ten years, and shall also be liable fine[3]. In Ramesh v. State of Maharashtra [4] case it was held by the Supreme Court that where a woman, below the age of 18 years, follows the profession of a prostitute, and in following that profession she is encouraged and assisted by someone, an offense under this section is not committed by such person, girl accustomed to indulge in promiscuous intercourse for money in carrying on her profession acts with intent or knowledge that she will be forced or seduced to illicit intercourse.
Sec. 366-B of Indian Penal Code States that “Whoever imports into India from any country outside of India or from the state of Jammu and Kashmir, any girl under the age of twenty one years with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to pay fine.”[5]
Sec. 370-A deals with exploitation of a person it provides that whoever knowingly or having reason to believe that a minor has been trafficked engages that minor for sexual exploitation in any manner shall be punished with rigorous imprisonment for a term which shall not be less than five years but which may extend to 7 years and shall also be liable to pay fine.[6]
Sec. 372 of Indian Penal Code states that “Whoever sells, lets to hire, or otherwise disposes of any person under the age of eighteen years with intent that such person shall, at any age be employed or used for a purpose of prostitution or illicit intercourse with any person or for any immoral or unlawful and immoral purpose, or knowingly it to be likely that such person will, at any age, be employed or used for such any purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall be liable to pay fine.”[7]
Section 373 deals with keepers of the brothels and all other who earn profit arising from the general prostitution of girls. The Bombay High Court in Emperor v. Bhagchand Jasraj Marwadi[8] held that it is not essential to be an offence that buying, hiring or otherwise abstaining possession of the person should be form of a third party or person. The offence is complete as soon as possession of the victim is accomplished with the requisite knowledge of the use as covered by the section.
In the amendment of 2013 new sections were added: section 366A, section 366B, section 370A. These section brought new platform for crime related to child prostitution but these sections are not much effected still high rates of child traffic for selling to brothel house, forced marriages etc without any fear of law. The Legislature should effectively enforce these provisions for getting effective results.
Apart from Indian Penal Code there are other laws also which deals with child prostitution Immoral Trafficking Act, Juvenile Justice (Care and Protection of Children) Act, 2015.
IMMORAL TRAFFICKING ACT
Immoral Trafficking Act deals with trafficking and prostitution of child and women. This act was amended two times. Firstly in 1978 and secondly in 1986. There were many changes brought in 1986.
- Immoral Traffic (Prevention) Act deals with illegality of prostitution and punish those people who has establish and owing brothel hose.
- If any person detained child for prostitution he is punish for minimum seven years and extend to imprisonment of life and liable to pay maximum fine 1 lack.
- If any person committed a sexual harassment with a child in a public area he is punish minimum seven years and extend to imprisonment of life.
There are many times Immoral Trafficking (Prevention) Act amended, but still they have not been enhanced as an effective law. There is no provision related to counselling of children who suffer from this heinous crime.
There are many provisions in different laws for child prostitution, but these laws not effected as we saw the data of the selling of child for prostitutes increasing by day. There are many cases pending in the Supreme Court related to the selling of children for prostitute work. Government makes the suitable and effective recommendations of the existing laws. It is very important to protect the children from this problem. Enact those laws which support the victims of trafficking who suffer from mentally and physical stress and help them to reach their home or countries. We want specific law which deals with this issue.
CONCLUSION
Child Prostitution is mainly trafficking of child for this horrible work. Brothel owners sell and buy the girls for this crime. Punishment for this heinous crime has been mentioned under IPC, Immoral Trafficking Act, but these punishments are not sufficient. Still crime increases rapidly. We want effective amendment in all laws for child prostitution. Buying and selling of the child prohibited by the IPC for the purpose of child prostitution but it is fails to include many activities like recruiting, harboring, transporting or receiving trafficked children. The Immoral Trafficking Act was amended many times yet still there are many loopholes in this act. It is also provide counseling to victims of sex trafficking. Immoral trafficking does not properly define prostitution of boys. Advisory Committee allowed to make an effective implementation in India’s plan of Action to combat trafficking and Commercial Sexual Exploitation of Women and Children. Government should make a scheme for providing homes to the children of the prostitutes so they can educate properly and mingle with society so that they do not feel different from the other children.
Author’s Name: Nehal Maheshwari (Banasthali University, Jaipur)
[1] National Human Rights Commission Annual Report 2004-2005, pg 115.
[2] Childline Foundation Annual Report 2007-2008
[3] Indian Penal Code 1860, s 366A.
[4] Ramesh v State of Maharashtra (1962) Bom.64 (2008) L.R. 408.
[5] Indian Penal Code, s 366B
[6] Indian Penal Code 1860, s 370-A
[7] Indian Penal Code, s 372
[8] Emperor v Bhagchand Jasraj Marwadi (1934) Bom.36 (1934) L.R. 379.
