This document discusses prostitution in India, including its history and causes. It defines prostitution and describes common forms in India. Economic and social factors that cause prostitution are outlined, as well as its negative effects. Legislative measures to control prostitution are described, including the Immoral Traffic (Prevention) Act. Judicial responses and remedies are also summarized. While laws aim to uphold dignity and prohibit human trafficking, the author concludes that prostitution continues to flourish in India despite protective measures.

1. Dr. Mohd Wasim Ali*
Abdul Qadir Pasha**
* Associate Professor, Faculty of Law, AMU Aligarh – 202002, Email:- drwasimali@gmail.com
** Research Scholar , Faculty of Law, AMU Aligarh – 202002, Email:- law.qadir@gmail.com

2. Prostitution a major source of Human Trafficking: Causes and
Remedies
Content
 Introduction
 History of Prostitution in India
 Meaning and Definition of Prostitution
 Prevalent popular forms of the prostitution
 Causes of Prostitution
 Effects of Prostitution
 Measure for the control of Prostitution
 Remedies
 Judicial response
 Conclusion

3. Introduction;
Prostitution has been the evil of society since centuries. This is the
main cause of human trafficking in India. In Prostitution a woman sells
her body for monetary consideration and perpetuates her criminalities
against society. As a profession, it is as ancient as the world
civilization. At present this institution is not only prevalent in urban
areas but it is also observable in rural areas.

4. History Of Prostitution In India
The profession of prostitution in India is as old as in some of the other
countries in the world. The origin of this institution is shrouded in mystery, yet
some of the authorities on the problems associate it with religious practices,
which in the beginning where of a customary nature. the reference to prostitute
also comes in Mahabharata and Jakarta stories, and all Hindu Shastkaras such
as Manu, Gautama, and Brihaspati recommended for suppression of
Prostitution. During Mohammad King had their Harem.

5. Definition of Prostitution;
 According to the Elliot and Merrill, “ Prostitution is an illicit sex union on a
promiscuous and mercenary basis with emotional and indifference.
 According to the Suppression of Immoral Traffic in Woman and Girls Act,
1956 as: “Prostitution means a female who offers her body for the
promiscuous sexual intercourse for the hire whether in money or in any kind.”

6. Prevalent popular forms of the Prostitution;
 Common Prostitution.
 Hotel Prostitutes/ Cell Girls.
 Hereditary Prostitutes.
 Decentralized Prostitution.
 Religious Prostitutes.
 Tribal Prostitutes.
 Prostitutes belonging to backward and Criminal Tribes.
 Prostitutes victims of adverse condition.

7. Causes of Prostitution in India
 Economic Causes
1. Poverty
2. Under age Employment
3. Unhealthy working condition
4. The pollution and corruption in industrial centres
5. Immoral Traffic in women and children
 Social Causes
1. Family causes
2. Marital causes
3. Bed Neighbourhood
4. Illegitimate motherhood
 Religious and Cultural Factors

8. Effects of Prostitution
No doubt, Prostitution causes personal, family and social disorganization. The
prostitutes suffer from deterioration. The prostitute and the person who
approaches her lead a sort of double life. They suffer from moral collapse and
lose their status and position which other respectable men and women enjoy
society. Respectable people hate them, avoid their company and want to
isolate them in society. As a result the pimp and the prostitute becomes hated
and isolated island.

9. Measure for the control of Prostitution
 Protective Measures
Constitutional Protection
a. Article 14 :- equality before law
b. Article 15 : - prohibition of discrimination on the grounds of religion, race, caste, sex or
place of birth.
c. Article 23 : - prohibition of trafficking in human Being and begar other similar forms of
forced labour.
d. Article 24 : - prohibits employment of children below age of 14 year in hazardous
industries.
e. Article 43 : - concept of living wage in order to maintain standard of life in decent manner.
Indian Penal Code
a. Section 354 : - A two year imprisonment or fine or both was given for the offence of Assault
or use of criminal force upon a women with intent to outrage her modesty.
b. Section 366 : - Kidnapping or abducting a woman, or any girl under the age of 18 year . In
order that she may be forced or reduced to illicit intercourse with any person has been
punished with imprisonment of 10 years or fine or both.
c. Section 372 : - Selling, Letting, for hire or otherwise disposing of for obtaining the
possession of a girl under 18 year of age for any unlawful purpose was made an offence.
d. Section 375 : - Sexual intercourse with a woman under 16 years of age was treated as rape
not withstanding that she may consented to it, punishable up to 10 years.

10. Legislative Measures;
 The Immoral Traffic (Prevention) Act, 1956
Initially enacted as The suppression in woman and girls Act, 1956, is the main legislative tool for
preventing and combating trafficking in human beings in India. The Act criminalizes the procures,
traffickers and profiteers of the trade but no way define it ‘trafficking ‘ pre se in human beings.
There are various other Acts who prohibits Human trafficking named as:-
1. Child Marriage Restraint Act, 1929.
2. Young Person (Harmful Publication) Act, 1956.
3. Probation of Offenders Act, 1958.
4. Bonded Labour System (Abolition) Act, 1976.
5. Indecent representation of Woman (Prohibition) Act, 1986.
6. The Transplantation of human Organs Act, 1994.
 Suppression of Immoral Traffic (Prevention) Act, 1986
In 1986 SITA was amended to do way with loopholes that prevented it being it effective.
The act was renamed as Immoral Traffic (Prevention) Act. Like its predecessor the Act
also does not declare prostitution as illegal. Under section 2 of the act definition of
prostitution has been provided. Under section 8 of the act; the prostitution is treated as
crime.

11. Remedies;
1. Improvement of Economic Condition: the government should provide good
employment for the woman so that she may not enter in such type of practices.
2. Removal of Social Evils: All the social evils such as Dowry system, Widow
Remarriage Prohibition, Bride price hampers the personality of any woman and
causing prostitution.
3. Healthy sex education: Try to inculcate scientific sex education among
youngster.
4. There should be Rehabilitation of prostitutes.
5. There should be Legal Provision for the punishment of those people who are
maintain brothel and live on the earning of prostitution.
6. In certain cases Physiological factors are also involved in sex delinquency.

12. Judicial Response
 The judiciary too has played an active role in preventing and combating
trafficking by pronouncing some landmark judgments in “Public Interest
Litigations”. Prominent among them are the 1990 case of Vishal Jeet v. Union
of India and the 1997 case of Gaurav Jain v. Union of India. In the former
case, on the directions given by the Supreme Court, the Government constituted
a Central Advisory Committee on Child Prostitution in 1994. Subsequently,
State Advisory Committees were also setup by State Governments. The
outcome of the latter case was constitution of a Committee on Prostitution,
Child Prostitutes and Children of Prostitutes to look into the problems of
commercial sexual exploitation and trafficking of women and children and of
children of trafficked victims so as to evolve suitable schemes in consonance
with the directions given by the Apex Court. These and subsequent case laws
thereafter have influenced Government policies, programmes and schemes, as
well as law enforcement.

13. Conclusion;
It is crystal clear from the above discussion that prostitution has been the bane of
society since time immemorial. Indian constitution means to uphold human
dignity among other ideals. Article 23 seeks to prohibit traffic in human beings.
Some provisions of the Indian Penal Code, 19860 also declare it an offence to
procure minor girls for the purpose of prostitution. All these lofty provisions,
however, are flouted with impunity. With the escalating menace it was perhaps
imperative to legislate in this field and thus came the suppression of Immoral
Traffic in women and Girls Act1956 in existence. The person rescued this way
may find a place in corrective or protective homes opened up with the state
government permission. Lastly despite all these fundamental right, various
directives enshrined under Indian constitution as well as and the act itself, the
evil flourished unchecked.