Object of anti-trafficking law is not to punish sex workers but to punish traffickers: Karnataka High Court

The Karnataka High Court recently observed that India's anti-trafficking law does not punish sex workers or victims of trafficking who are forced into prostitution. .In a June 10 ruling, Justice M Nagaprasanna explained that the object of the Immoral Traffic (Prevention) Act (ITPA) is not to punish sex workers but to punish those who traffic women or girls to exploit them through prostitution."The purpose or the object of the Act is not to abolish prostitution or the prostitute. There is no provision under the law, which penalizes a victim who indulges in prostitution. What is punishable is sexual exploitation for commercial purposes and to earn or make a living upon it against such person/s," the Court said. .The Court also noted that a similar observation was made by the Bombay High Court, which held that if the police is permitted to prosecute the victim (sex worker) under the ITPA, it would become an abuse of the law..The Court made the observation while quashing criminal proceedings against a woman (petitioner) who was booked in an ITPA case in 2013.The woman was alleged to have been part of a group of girls who were paid ₹10,000 to be forced into prostitution. The girls were being transported from Udupi to Goa when the tempo traveller they were travelling in was intercepted by the authorities. The petitioner was among those booked in the ITPA case lodged by the police in the matter. In 2024, the petitioner approached the High Court to quash the case filed against her under Section 5 (procuring, inducing or taking woman or girl for the sake of prostitution) of the ITPA.The counsel for the petitioner contended that the petitioner was a victim of prostitution and should not be prosecuted. The State countered that the woman cannot approach the High Court in the matter ten years after the case was filed, even if she is a victim. She should come out clean after facing trial, the State said. .The Court, however, granted the petitioner relief after noting that Section 5 of the ITPA only punishes persons accused of procuring or attempting to procure a woman or a girl for prostitution and does not penalise the victims.Thus, the Court allowed the petition and quashed the proceedings pending against the petitioner. .Advocate Sri Kumara appeared for the petitioner. Additional State Public Prosecutor BN Jagadeesh represented the State. .[Read Order]