Child Prostitution - one of the gravest and inhumane form of violation of human right that still stand on the crossroad of our so-called civil society. Every child under the age of 18, despite of having the most just and transparent system is unfortunately the pray of the child prostitution or child exploitation. This heinous crime is not limited or bounded to specific territory or jurisdiction; it’s ill omen spreads across entire globe and millions of innocent children are forced to do illegal and immoral acts just for the sake of money and commercial gains. The consequences of this crime do not only shatters one’s physical state rather it destroys ones emotional and psychological well bring giving them the life time trauma. This paper commences by explaining the term, carried by its consequences, effects and the very reason behind this inhumane crime. Additionally, it investigates the existing Indian legal framework concerning child prostitution (including key statutes and recent legislative amendments), identifies both substantive and procedural protection deficiencies, analyses enforcement challenges in practice, and suggests targeted legal and policy reforms aimed at enhancing prevention, protection, prosecution, and rehabilitation. Moving further the paper critically evaluates the various provisions adopted by the Indian statues such as: - Immoral Traffic (Prevention) Act, 1956 (ITPA), the Protection of Children from Sexual Offences Act, 2012 (POCSO), and the Juvenile Justice (Care and Protection of Children) Act, 2015, alongside the recent Criminal Law Reforms, 2023. Papers examines that how due to the omnipresence of judicial provisions and gritty punishments the enforcement agencies and organizations at grassroot levels adopt such harsh measures that inadvertently criminalize rescued minors which instead of consoling them makes them gets tapped into another conspiracy. This paper also evinces various judicial precedents and judicial interventions that have instructed the ground level authorities to priorities rehabilitation, education, and reintegration. Moving further the paper deals with the India’s international obligations highlighting much needed shift from punitive inclinations towards a rights-based, protection-focused approach. The paper at the end concludes by suggesting reforms that are more holistic in nature, emphasizing anti-exploitation provisions and rehabilitation environment for the victims to make sure that these innocent souls are not treated as culprits or sinners by the society.
Keywords: - Exploitation, Child Prostitution, Culprits, Heinous, Commercial gains.
Respect and a dignified life is something that everyone is rushing for. It is also every individual’s fundamental right to have a respectful and decent life. But has the society ever given you what is truly yours this easily? If such would have been the case the pure essence of diamond would have been known before it endures the furnace. Crimes of such kind manifests in the form of using the child either girl or boy below the age of 18 years for immoral and illegal purposes without taking their consent. It is of no surprise that the ratio of children becoming prey of child exploitation is as equivalent in underdeveloped countries as in developed countries. The term child prostitution however, is considered ambiguous and bogus by the child right experts. They argue that this terminology negates the fact that children are prey of this crime and therefore are used by their clients. Additionally, adolescents never consents to these acts rather they are being forced to give consent through luring or enticing them.
Child exploitation or child abuse is not at all a shattered occurrence or sporadic instance rather this anomaly is as constant as any other crimes, whose continue stretches across all nations of the world. Despite the worldwide gargantum and dissent, the prevalence of disenfranchisement regarding children evinces the discrepancy among the legal provisions that safeguards child rights and also shows the shortfalls in execution and implementation.
Nevertheless, upon explaining both the terms child abuse and child exploitation we get to know that child abuse evinces victim’s conditions and is more inclined towards the child’s situation rather in contrast child exploitation advocates the profits gained by the clients and perpetrators of such exploitation, which sums up the fact that “exploitation is the situation where person takes advantage of another person for their own purpose”.
Society very often tries to ignore the issues that are present in the surroundings and that results in this issue being escaped. Now this problem is more frequent to the issues that require any type of societal obligation, one of such issue is the child prostitution, the most inhumane form of abuse and violation of rights of child. Before dwelling into the depth of the topic it is crucial to understand the meaning of both the terms in detail.
Hence, Immoral Traffic Prevention Act, 1956 is the legislature that deals with human trafficking with the intention of unlawful and immoral activities. The Act defines the term “Child” under Section 2(aa) as ‘A person who has not completed the age of 16 years. A minor under the Act is a person whose age lies between 16 to 18 years’ . Further, the Act defines the term “Prostitution” under Section 2(f) as ‘The sexual exploitation or abuse of persons for commercial purposes. Additionally, there is an intermediary know as – “Client” who works for their exploiters and help in collecting and bringing the children to them, they also perform the negotiation part post which these adolescents are sent to different places to fulfill the sexual act and take part in places like: - brothels, bars, hotels, homes, clubs and even on streets. These acts can be done either on the small scale it could also be a part of large scale criminal conspiracy.
This flagitious crime has seen a drastic rise in the past few years and young girls are the most ruthless prey of such bemoths, although there has been a rise in young boys number as well. The consequences of this illicit crime are heartbreaking. Victims lose their dignity and respect along with their families being the worst sufferers of this act. The worst part is that there are few people who take this as an erotic entertainment act and literally travel to any part of the world for child sex tourism. Saddest aspect is that the sinners and exploiters are let off free or it would be better to say that they are never even captured.
This study employs a mixed-method approach, combining a qualitative case study analysis with a quantitative review of outcomes. The sample for the case study includes landmark child prostitution cases from the Supreme Court and select High Courts. Cases were chosen based on their legal significance regarding the topic explained.
Any form of prostitution is among those forms of profession whose origin can be traced back to the times of commencement of society. In some way or the other almost every society does practice this profession. Additionally, it is very rightly said that abusing a child and exploiting them is very easy as compared to adults because they cannot resist and defend themselves just like adults. This crime was practiced in ancient Greece and Rome, where pre-adolescent boys are frequently used as prostitutes in brothels. In Egypt this damsel girls were forced to work as prostitutes until they get their first menstrual cycle. In India it was completely different scenarios, parents of these subjects voluntarily send their children to work as prostitutes. In case of a female girl child, their parents frequently sell them to Hindu temples to work as “devadasis”. These girls were advised to perform in the temple cleaning and managing chores of the temple corridors and upon gaining a specific age and hitting puberty they were forced to work as prostitutes for “upper class men”.
This practice was also very in medical times when India was ruled by the Mughals, they gave utmost importance to wine and women. Mughals had this believe of having as more concubines as they could have. They also follow this practice of HARAM where they keep young females with them. It was considered a sign of prosperity, wealth and authority. These ladies were the source of entertainment for the Muslim rulers and they satisfy their needs as well. Also, the practice of “Tawaif” and “Mujra” was very much prevalent in the Mughal dynasty. However, post the downfall of this gigantic empire the condition of these ladies detoriated and they were forced to work as victims of sex trade for living their livelihood.
The “method of operating”—basically, how an activity is conducted—is what is meant by the term modus operandi. It describes how prostitutes find customers, carry out their services, and set up their working arrangements in the context of prostitution. In general, prostitutes fall into one of four groups:
One of the most serious abuses of children’s rights, child prostitution has serious and enduring repercussions. It undermines the moral and social foundation of society while destroying children’s innocence and potential for the future. The physical, psychological, social, educational, economic, legal, and intergenerational aspects of a child’s life are all impacted by child prostitution.
Children who are forced into prostitution frequently work in dangerous conditions without adequate hygiene. They are occasionally raped and beaten, and they are threatened with violence. Judith Freeman Clark, Christine A. Adamec, and Robin E. Clark, researchers, write that they “suffer a great deal of abuse, unhappiness, and poor health” overall. According to environmental activist Derrick Jensen, who is well-known for his criticisms of contemporary society, Nepalese women who are victims of sex trafficking are “’broken in’ through a process of rapes and beatings, and then rented out up to thirty five times per night for one between $1 and $2 per man. Needs a better source Another instance concerned primarily Nepalese boys who were sold to brothels in Mumbai, Hyderabad, New Delhi, Lucknow, and Gorakhpur after being enticed to India. At the age of 14, one victim fled Nepal and was forced to become a slave, beaten, starved, imprisoned, and circumcised. He claimed that before fleeing and going back to Nepal, he was detained in a brothel with 40 to 50 other boys, many of whom had been castrated.
The primary cause of the existence of women and children is men’s demand for them of trafficking and prostitution. Factors like racism, poverty, globalization, and gender inequality global problems like migration and the decline in women’s economic security create an atmosphere that forces women to work in the sex industry A noteworthy percentage of women and girls, especially those from developing countries, are the victims of human trafficking. Going through changes in the economy. Discrimination in many forms and unfavorable circumstances make girls and women who are coerced into prostitution even more vulnerable. Investigate continuously demonstrates that children and women were taken advantage of in the local sex industry (i.e., those not trafficked) have frequently experienced comparable financial difficulties in addition to a history of sexual mistreatment. Other elements like drug addiction, institutionalization, and homelessness further make them more vulnerable to becoming prostitutes.
India has put in place a complex system of laws and regulations designed to address trafficking, prostitution, and protecting children and other vulnerable groups. The Immoral Traffic (Prevention) Act, 1956 (ITPA), which forms the basis of this framework, makes it illegal to engage in practices like trafficking, brothel ownership, and the purchase of minors for commercial sexual exploitation. Furthermore, safeguarding children from sexual offenses the POCSO Act of 2012 provides a comprehensive framework for the prosecution of sexual offenses against people younger than eighteen, making sure that protocols are kid-friendly and that the penalties are harsher. Additionally, the 1860 Indian Penal Code, which has since been reinstated The Bharatiya Nyaya Sanhita, 2023) contains clauses that deal with trafficking, sexual assault, wrongful confinement, and kidnapping.
POCSO, or the Protection of Children from Sexual Offenses Act of 2012, The purpose of this Act is to protect kids from pornography, sexual harassment, and sexual assault, and it offers for the creation of Special Courts to decide cases involving such offenses and associated issues or incidental problems. The Protection of Children Against Sexual Offenses Act, which is commonly shortened to in order to fully address the issue of sexual crimes against women, POCSO was established in 2012. POCSO establishes a framework and outlines the sanctions for such offenses. For assisting victims and improving methods for catching offenders. 10. The state of Haryana is the country’s first state to launch an extensive public awareness campaign about the 2012 Protection of Children from Sexual Offenses Act (POCSO), in all levels.
Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. Child prostitution is directly and obviously related to Article 23, which addresses the ban on interacting with people, forced labor, and human trafficking in all its forms. The essential nature of Article 15 and Article 23 is to stop all kinds of human exploitation, such as begging and prostitution. Furthermore, the Indian Constitution’s Part IV, referred to as the Directive Principles of State Policy contain particular clauses pertaining to prostitution and exploitation.
Someone gains anything from the sexual exploitation for commercial purposes is when a child or any individual is sexually exploited. Purposes, which is against the law. A person is involved in this unlawful act of sexual exploitation. Being hired, contracted, acquired, or appointed. The ITPA Act does not mandate that commercial sexual activity take place exclusively. Instead, it can happen in homes, cars, and other places outside of a brothel settings. This law gives police officers the authority to act or launch an inquiry in situations involving unlawful commercial sexual exploitation or activities that are likely to take place, like in bars, massage parlors, tourist destinations, escort services, and social clubs.
In line with Section 2 (14) a child who violates sections (ii) and (ix) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) is found to be begging, or who is found to be working against the current labor laws, homeless person who is considered vulnerable and at risk of becoming involved in drug abuse or a “child in need of care and protection,” among other classifications, is a victim of human trafficking.
The Indian government places a high priority on focus on stopping and preventing human trafficking, especially with regard to women and kids. The Bharatiya Nyaya Sanhita (BNS), 2023, Section 143, establishes penal clauses that stipulate severe penalties for any offenses related to human trafficking. Additionally, the BNS’s Section 144(1) imposes harsh penalties for sexual exploitation of children who have been trafficked. For such offenses, the penalty ranges from five years to life in prison. Confinement. Furthermore, the Bharatiya Nyaya Sanhita, 2023, contains unique clauses, for dealing with crimes against women and children, among other things. In particular, Section 95 to 99 of the BNS deals with offenses against children and punishes offenders severely. These sections include clauses pertaining to the recruitment, employment, or involvement of a minor in perpetrate a crime; obtain a child; and purchase or sell a child for the purpose of prostitution among other things. These offenses carry sentences ranging from three years to fourteen years.
Additionally, Section 139 of the BNS outlines the consequences for abducting or disfiguring a child in an attempt to collect alms. Furthermore, the BNS’s Section 141 describes sanctions. For bringing in a girl or boy from another nation in order to engage in illegal sexual abuse, among other transgressions. These offenses carry sentences ranging from ten years to life in prison confinement.
A suo moto was submitted by the petitioners writ petition to the Bombay High Court’s Chief Justice, voicing their grievances in reference to online pornographic sites. The Division’s response to this petition the Bombay High Court bench ordered the creation of a committee charged with putting forward and suggesting safeguards to protect against pornographic and online pornographic material. The committee has made recommendations for creating a kid-friendly or a “cyber zone” that is safe for children where they can safely access and use the internet for like communication, education, entertainment, and information.
This important decision, the Supreme Court took on the duty of offering direction for the protection and rehabilitation of people whose families or communities had labeled them devadasis for cultural who were currently involved in prostitution and for what reasons. Child prostitution was a problem that the Supreme Court looked into this issue in great detail in a Public Interest Litigation. The Supreme Court stated: “It is heartbreaking and extremely disgraceful to observe that many children and young women living in poverty are taken to the “flesh market” and forced to forced into the flesh trade, which is conducted in complete disregard for all moral principles, integrity and respect for human dignity. There are two possible viewpoints—in fact, there are none—that this disgusting and repugnant crime, which was committed with unimaginable vulgarity, should be eliminated through drastic measures at all levels. In compliance with court orders, the Indian government has set up a Central the Child Prostitution Advisory Committee. The suggestions made by this committee have been sent to the State Government and the appropriate Central Ministries/Departments, requesting that they create advisory boards with social employees and non-governmental organizations in red-light districts, carry out frequent raids, and put policies in place for the defense and recovery of those who have been rescued.
In this instance, a petition was filed in the public interest by the non-governmental organization Prerana, which aims to protect children and young girls who have been saved from the flesh trade, shielded from the eager brothel keepers and pimps to get the girls back under control. Four people were killed when the Mumbai Police (Social Service Branch) raided a brothel. People who were identified as pimps or brothel keepers were arrested, and 24 women were saved. The four defendants were charged in accordance with Sections 3, 4, and 7(2)(a) of often known as the “ITPA,” the Immoral Traffic (Prevention) Act, 1956, and were later placed under police remand. Of the twenty-four females saved, none were accused; rather, they were detained in accordance with Sections 15 and 17 of the ITPA to ascertain their age and family history before being forwarded to the Government Special girl’s’ Rehabilitation Center.
One of the most serious violations of human rights is child prostitution, which has an impact on both children’s rights to development and dignity. The Indian legal system, by way of laws like the Juvenile Justice Act, POCSO Act, and ITPA have attempted to create a thorough response; nonetheless, the concurrent use of protective and punitive measures have frequently jeopardized the core objective of safeguarding children. As an example, children are recognized by law as exploitation victims who need to be cared for a rehabilitation; however, during rescue, enforcement actions frequently make them illegal operations, thus sustaining trauma and stigma.
Court decisions, especially those rendered by the Bombay and Allahabad High Courts, have highlighted the significance of education, reintegration, and rehabilitation, indicating a slow shift in the direction of a victim-centered strategy. However, systemic shortcomings continue to exist with regard to protection of victim witnesses, availability of restitution, and cooperation between law enforcement organizations. International pledges made in accordance with the UNCRC and its optional protocols additionally require India to conform its domestic laws to international standards for children’s rights.
Therefore, a substantial change is needed—from an enforcement paradigm that views prostitution as with criminality to a framework based on rights that acknowledges each child who is a prostitute as a survivor is entitled to justice, dignity, and protection. Improving rehabilitation initiatives, providing law enforcement with specialized training and guaranteeing state institutions’ accountability are necessary actions. In the end, successful legal measures against child prostitution need to find a striking a balance between protecting children and discouraging human trafficking, making certain that the law acts as a tool to prevent secondary victimization rather than as a source of recuperation and empowerment.
Written By: Apoorva Dwivedi (BA LL.B, 4th Year, Lucknow University)
