Child Prostitution in India: Legal Framework, Historical Roots, and the Ongoing Human Rights Crisis

At times, the society is ill-equipped to handle these kinds of problems that arise. As a result, the problems become less important. This is particularly common in situations when moral commitments are involved. One moral dilemma of this type is child prostitution. Anytime children or young people are subjected to sexual abuse for profit, many important areas of culture, particularly the ideas that govern childhood, sexuality, and the family, are held accountable. The unequal allocation of power renders children and young adults susceptible to prostitution from both their families and the wider community.

Child prostitution is among the worst kind of maltreatment against children. Understanding the definitions of "Child" and "Prostitution" is essential before delving into the specifics of child prostitution. The Immoral Traffic Prevention Act of 1956 is the piece of legislation that addresses the trafficking of individuals for the purpose of engaging in illicit sexual acts. According to Section 2(aa) of the Act, a "Child" is "anyone who has not reached the age of sixteen." A individual who is between the ages of 16 and 18 is considered a minor under the Act.

Additionally, the Act defines "prostitution" as "the sexual exploitation or abuse of persons for commercial purposes" under Section 2(f). Prostitution, as used in common language, refers to any sexual act performed for payment, including promiscuous sexual relations. The 1989 United Nations Convention on the Rights of the Child also defines the term "prostitution." "Sexual exploitation of a child below the age of 18 for remuneration in cash or kind" is the definition of "Child Prostitution" according to the Convention.

The youngsters are compelled to participate in sexual activities in order to meet their fundamental requirements, which include clothing, food, and shelter. Thus, we can define child prostitution as essentially the economic exploitation or abuse of minors for sexual gain. The commencement of child prostitution occurs when an individual receives any sort of advantage as a result of a commercial transaction in which a youngster engages in any sexual activity. These kids are under the authority of an intermediary who handles the transaction's management or supervision, or of an individual who negotiates and uses the kids for personal gain.

Promising youngsters are sent to a variety of locations, including brothels, pubs, hotels, residences, clubs, and even the streets, to carry out their sexual activities. There is a connection between child prostitution and pornographic entertainment. Some people go abroad for the purpose of engaging in child sex tourism. Over 10 million people worldwide are involved in child prostitution, according to research done on the subject. It is present in both industrialised and developing nations.

Young girls are the most common victims of child prostitution, but there is also a growing number of young boys falling victim to this illegal trade practise. Under the Convention on the Rights of the Child or the Optional Protocol on the Sale of Children, Child Prostitution, or Child Pornography, the states who are parties to the UN are attempting to eradicate this illegal enterprise. There are also specific associations made to stop this practice.[1]

Prostitution In India

While prostitution itself is lawful in India, related actions including pimping, solicitation, and running brothels are prohibited. If information from publications is to be believed, there are over 20 million prostitutes in India, with over 30 percent being underage.

History of Prostitution

Prostitution is one of the oldest occupations in the world, dating back to the early days of organised civilization. Prostitution is a practise carried out in one form or another in almost every nation and community. The Vedas, which are regarded as the earliest works of Indian literature, discuss prostitution as a well-established and structured institution in India. There are stories in Indian mythology of celestial demigods like Menaka, Rambha, Urvashi, and Thilothamma serving as affluent prostitutes. They are regarded as the epitome of feminine charm, unparalleled in beauty, and exceptionally skilled in both dance and song.

They entertained gods and their guests in the court of Lord Indra, the Hindu god, by using their beauty and charm. In order to assess the saints' depth, purity, and level of commitment to their penances, they were also dispatched to earth. In the epic Mahabharata, prostitutes were popular until the Kauravas and Pandavas came to power. They were seen as an essential component of the king's court systems. Every kingdom had harems of nobles in Brahmanic India.

In aristocratic families, having concubines is not uncommon. In aristocratic families, concubines are a common sight. The "Arthasasthra" by Kautilya discusses the norms of conduct that govern the activities, demeanours, and way of life of prostitutes in great detail. It also discusses the standards of behaviour for those who accept favours from them. They have certain obligations, privileges, and rights granted to them. Famous Indian sage Vatsyayan lived in the third century B.C. He spent a great deal of space discussing prostitutes and their lifestyles in his seminal work "Kamasutra."

The country's system of revered prostitutes became commonplace due to the religious prostitutes connected to the well-known Ujjain temples, known as "Mahakala." In essence, females who were offered by their parents for the gods' and religion's duties were known as holy prostitutes. These girls are known as "Devadasis" in South India and as "Mukhies" in North India. These women received honours because it was thought that their prayers were extremely important.

But with time, the monks began to abuse the customs that their forebears had followed and to disregard moral principles. This led to the emergence of prostitution beneath the façade of women who visited temples as spiritual devotees. Wine and women were considered very important in the Middle Ages. Under the royal patronage, prostitution grew further after being recognised by the Muslim kings. Words like "Tawaif" and "Mujra" became widespread during this time. In the subcontinent at this time, prostitution even had a connection to the liberal arts.

In the courts of the Mughal emperors, singers and dancers were elevated to a high position. Having 6,000 girlfriends in his harem was a symbol of wealth, power, and authority for Mughal Emperor Jhangi. Singing ladies and concubines emerged from the royal palaces towards the end of the Mughal dynasty. They received no further professional training, and society did not provide them with employment opportunities. As a result of the economic collapse, they were forced to carry on the sex trade. Women's status did not improve during the British occupation. Their circumstances kept getting worse, and as a result of the state's lack of oversight and control, prostitution rose to a significant height.

Women who experienced financial challenges and social impairments became victims of the sex trade. It is a well-known truth that abusing a child is less difficult than abusing an adult. This strategy is employed by the exploiters because they are unable to defend themselves. Social and economic power, the never-ending need for novel experiences, and the sense of impunity that comes with anonymity all contribute to this mindset. In addition, there are prejudices, myths, and cultures that support the investigation of children's sexual relationships.

In Asia, for instance, there are men who believe that having sex with young, virgin girls will prevent them from ever contracting STDs and will help heal their health issues.There is another belief that engaging in sexual activity with young virgin women will increase their virility along with bringing longevity in life and success in business.[2]

Types of Prostitutes Broadly speaking, on the basis of their "modus operandi", the prostitutes can be classified as follows[3
  1. Brothel Prostitutes: Brothel prostitutes are prostitutes that operate within a brothel that is managed and directed by a former prostitute. They receive commissions for their sexual services
  2. Call Girl Prostitutes: The prostitutes which operate independently are called call girl prostitutes. They are either available independently or can be solicited by middlemen.
  3. Street Prostitutes: The prostitutes which solicit customers on streets and take the customers to specific place of assignation are called street prostitutes.
  4. Other Types: Prostitutes which are found in bars, dance clubs, massage parlors, etc fall under the category of clandestine prostitutes.

Factors which results in Prostitution
Since it is widely held that prostitution has its roots in every aspect of Indian society, it is impractical to identify every factor contributing to the rising trend of prostitution in our nation. One factor of prostitution may be the subordination of women by men both socially and economically[4] . Several researchers claim that the following factors are to blame for the rising tendency in sexual trends:
  1. Poverty: Poverty is one of the primary reasons of prostitution. Due to their financial hardships, impoverished parents are forced to sell their kids in order to pay for their families' expenses. There have also been cases where underprivileged youngsters have fled their homes because they felt abandoned and ended up in the clutches of swindlers who offered them jobs and compensation.
     
  2. Money: When compared to other occupations, prostitution offers an extremely high income. Many youngsters become orphans as a result of wars, diseases, or natural calamities, and since they are so helpless, they are willing to accept any kind of employment. In these situations, prostitution appears to be a fairly simple means of making money.
     
  3. Child Trafficking: Many children are abducted or kidnapped, either by the abductors themselves or by someone they have sent. These kids are coerced into having inappropriate sex against their will.
  4. Rise of Sex Market: The sexual trade has become more sophisticated and industrialised in the last four decades, according to the trend that has been followed. This is due to the introduction of new communication methods. The growth of the sex market is another effect of the increase in pornographic activities.
     
  5. Abduction: Little children, particularly girls from rural areas, are kidnapped from their homes under the guise of money, a good job, an audition for a movie or television show, or even marriage to a boy from a wealthy family. Once they get to the city, they are turned over to sex traffickers who force them to participate in the sex trade.
     
  6. Devadasi System: This sort of approach allows prostitution to be sanctioned by religion. Every year, thousands of girls in several Indian states are sent away by their parents to be religious devotees. After living as concubines for a considerable amount of time, many eventually turn to prostitution in urban areas.
     
  7. Rape: Some girls are forced into prostitution at a very young age due to sexual exploitation, including rape, by family members or other acquaintances. In Indian society, rape is stigmatised for women, and victims frequently face rejection from family members. Instead, they experience various forms of social humiliation, which is why many decide to become prostitutes because they are unable to find a safe haven for themselves or a promising future.
     
  8. Children of Women in Prostitution: Particularly in the case of female children, prostitution becomes the fate of their progenitor mothers. The primary cause of this is that there is no safe place for these kids and they are not accepted by society. They have no other means of support and are unable to escape this never-ending circle.

Sufferings or Miseries of the Prostitutes

While they are staying at brothels, prostitutes receive extremely cruel treatment. When they are young, their owners beat them so they will be afraid of them. Later, when they are old enough to draw attention, they are made to go and entice others. They are under house imprisonment so they cannot flee and are continuously working to bring in money for the brothel owners. They receive a modest percentage of the total money they make each day. According to official figures, there are over three million prostitutes in India, and many of them are afflicted with deadly illnesses, including STDs.

These prostitutes lack access to quality healthcare. Ultimately, the clients who pay for them are the ones who sexually abuse them, followed by their abusers and other experienced male and female prostitutes. The only option available to these kids is to entrust their exploiters with their future. In addition to not having access to healthcare or being at risk for sexually transmitted diseases, these kids experience mental and physical health problems.

They suffer from physical ailments like sores in their intimate areas, infections, the aftereffects of agony and suffering, and unintended pregnancies. However, they also deal with psychiatric disorders. They may show signs of depression, confusion of sexual or personality orientation, behavioral issues such as anger or aggression, sleeping disorder, lack of self confidence, hatred towards adults, inability to trust anyone, among others.[5]

Steps Taken To End Child Prostitution

The worst kind of child labour is child prostitution. They are subjected to a form of coercion or threat in order to keep them confined. Youngsters are unable to look for their own assistance. It is the exploitation of minors sexually for financial gain. Numerous actions have been implemented to regulate the commerce of sex at the federal and state levels. Nonetheless, the researchers have limited their investigation to the national level for the sake of this study.

The Indian government has taken action to stop child prostitution. Some of them are mentioned below:
  1. Indian Constitution
    The vehicle for its advancement is the Indian Constitution, drafted in 1950. It is the foundational document that houses the nation's first and fundamental laws. The duty of safeguarding the weaker segments of society falls on the Constitution. There are specific provisions in the Indian Constitution protecting women and children:
    • Article 14 – Right to Equality
    • Article 15(3) – Special laws for women and children
    • Article 21 – Right to life and personal liberty
    • Article 23 – Right against exploitation
       
    The Constitution also gives states the Directive Principles of State Policy (DPSP), promoting the welfare of women and children:
    • Article 39(e) – Prevent abuse of strength of workers including women and children
    • Article 39(f) – Safeguards for adopting Indian children
       
  2. Indian Penal Code, 1860
    The IPC acts as a substantive law supporting efforts to combat child prostitution. Relevant sections include:
    • Section 366A – Procuring girls for illicit purposes
    • Section 366B – Importing minor girls
    • Sections 372 & 373 – Buying and selling girls for trafficking or prostitution
    These sections aim to protect children from exploitation.
     
  3. Code of Criminal Procedure, 1973
    The CrPC outlines procedural safeguards:
    • Section 98 – Relief for girls/women abducted or detained unlawfully
    District Magistrates are empowered to order the return of such women to their guardians.
     
  4. The Immoral Traffic Prevention Act, 1956
    Originally enacted as the Suppression of Immoral Traffic in Women and Girls Act, it was later renamed and amended:
    • Seeks to prohibit commercial sexual exploitation and trafficking
    • Focuses on punishing traffickers and rehabilitating victims
    • Section 9 – Punishment for those involved in trafficking
    • Provides for the appointment of trafficking officers by the Central Government.
       
  5. Juvenile Justice (Care and Protection of Children) Act, 2000
    Enacted to align with the UN Convention on the Rights of the Child:
    • Unifies and updates child protection laws
    • Provides care, education, vocational training, and rehabilitation for children rescued from exploiters
    • Emphasizes child welfare through specialized institutions and procedures

Child Sexual Abuse- Awareness of a Child

The fragility of the age hinders the understanding of a child to recognise it when he or she is being abused. Often, the perpetrator is a close family friend or a member of the family which complicates the situation. The perpetrator gains trust from the child initially by pampering them with gifts, showing a lot of care and attention, which is essentially lacking from the parents [24].

Because of this, the child is more susceptible to these offenders. If the abuse prevented the incidence by causing arousal, pleasant physical pleasure, or emotional intimacy, the youngster may occasionally be confused. It is a fact that no youngster is prepared with the knowledge they need to prevent abuse. According to Robertson Davies, "the eye sees only what the mind is prepared to comprehend."

The mind is wired to see just what it knows, and in this case, the abusers frequently win the child's confidence and trust, making it difficult for the kids to realise that something is wrong with them. Nonetheless, this can be avoided by teaching kids about the risks of abuse and warning them about specific tendencies that a perpetrator may exhibit in their early years. When something is upsetting or disturbing them, kids frequently turn to artistic expression as a way to convey it rather than verbalise it.

The children may only provide us with hazy clues on the abuse because of their inadequate understanding of sexual abuse. Since the youngster frequently lacks the vocabulary to communicate their worries, it is our duty to recognise the warning signs and make sure the child is secure.

The Indian Family structure has seen a significant shift from a joint family setting to a nuclear setting in recent times, leaving the child more exposed and vulnerable to perpetrators. As the family model transitioned from a joint to a nuclear one, the Indian child is also experiencing a transition from protection by the other members of the joint family to vulnerability [25]. The traditional family structure exposed the child to an upbringing by grandparents which helped in personality development and also acted as protection.

But the present family structure is resulting in minimal socialising with the parents due to working patterns thereby resorting to strict and harsh parental controls. A study conducted in five villages of rural India suggests that harsh parental discipline practices are prevalent in India, although this cannot be generalised to the entire nation due to the vast cultural and linguistic variations[26].

Parental discipline practises in India can also be concerning because they undermine a kid's trust in adults when abuse occurs, leaving the youngster unsure of whether to tell their parents about it or afraid of the repercussions. Because of the social and cultural conventions in India, sex education is one of the subjects that is most ignored. But it is imperative that sex education be a part of the curriculum because ignorance is one of the things that leads to abuse.

However, abuse at very early ages of childhood is not uncommon in India, emphasizing the role of the family in educating the child about the dangers ahead. The child also requires a lot of attention and care from parents which will enable them to trust and disclose essential information which will help prevent abuse.

Education And Healthcare key to awareness?

School - In ancient India, there was a highly esteemed and enduring relationship between a teacher and student. The pupils looked up to their teachers and Gurus as role models. Additionally, the pupils learned to obey and honour their Gurus to the fullest. Mahatma Gandhi described the relationship between a teacher and student as a magnificent tree with roots in 1931.

Rather than being a relationship based on regard and respect, it has become more casual in current times. The present education system does not allow for this kind of a bond between the teacher and student due to the pressures associated with hectic schedules and curriculum, making the relationship a merely mechanical one. However, a factor which influences the relationship between the teacher and the student is the attitude of a teacher towards the student, which in the Indian context is deeply rooted in the cultural aspects of gender, caste, social inequality, hierarchy [27].

This makes it difficult to establish a bond which in turn will help the personality development of a child. A study conducted in rural areas of Maharashtra to analyse the extent of awareness related to sexuality and AIDS [28]in a school suggested that most of the girls expressed the opinion that sex education has to be provided at an early age as the age of attainment of puberty is different for each of them. Early education about menstruation cycles and sex can help children better comprehend physiological changes and be ready for the circumstance without having to deal with guilt or shame.

The majority of educators and principals surveyed in this study believed that although sex education can be incorporated in extracurricular activities, it should not be taught in the classroom. These views, however, could stem from a variety of things, such as a teacher's incapacity to properly discuss sex in the classroom, the belief that specialised knowledge is necessary to address such matters, or a total disdain for the significance of teaching kids about sex at a young age.

The role of schools in child sexual abuse is of great significance and can be utilised to play a preventive role in minimising sexual abuse. School-based education and prevention programmes can help children understand their sexuality and physiological changes better and accept them as early as possible. The Child abuse prevention programmes in schools must also include self-defence classes and mental strength to be able to identify a dangerous situation and bailout as early as possible and report such instances.

Millions of preventive programs in the United States [29] include programs aimed at substance abuse and suicide prevention, among others. Child abuse prevention can be facilitated by the programmes that offer advice on appropriate and inappropriate touch as well as assertive training, which teaches people to say "no" to abuse in any form. The effects of CSA can range from short-term, primarily physical, to long-term, emotional and behavioural, affecting an individual's general health and quality of life.

Examples of these long-term effects include low self-esteem, guilt, strained relationships, shame, depression, anxiety, and suicidal thoughts. Even though the effects of child sexual abuse are evident to victims at some point in their lives, there are also unintended financial and societal costs. These costs include those associated with treatment, poor academic performance, drug dependence, legal fees, unrelated medical expenses when the abuse goes unreported, years of life lost to death or disability, and so forth.

To avoid all of these expenses and give the next generation a safe upbringing, victims must be properly identified, prevented, and cared forWhile the Indian government does take certain initiatives to help prevent sexual assault, victim identification, reporting, and therapy programmes are still in their infancy. Guidelines, roles, and responsibilities must be clearly defined, and training must be given to all parties involved-especially the healthcare professionals, whose involvement is crucial in avoiding and identifying abuse.

Healthcare Professionals

India has the highest number of child sexual abuse incidents worldwide, according to CHILDLINE 1098. Despite the country's size, there is a lack of awareness of child sexual abuse and inadequate expertise among medical professionals. Despite the existence of institutions that focus on reporting and the legal aspects of the issue, medical academia lacks systematic training in this area, which has resulted in a sensitive and ignorant understanding of the problem.

In both outpatient and hospital contexts, residents are frequently the first people to respond to emergencies, therefore it is important to handle victims carefully to prevent more drama. The majority of residents know the bare minimum, but they lack knowledge of many deeper levels, like evaluating the patient without altering the evidence, thorough documentation, legal obligations, the effects on victims and carers, and additional referrals to other medical specialists or to a knowledgeable CSA manager.

The standard physician ought to be knowledgeable with genitalia since it can be useful in spotting abuse. An independent assessment can confirm the abuse on its own and serve as the foundation for additional action. Stephanie Ladson and her colleagues found that pre-pubescent girls are particularly vulnerable to sexual abuse, and 77% of the surveyed physicians said they examine the genitalia of pre-pubescent girls more than half the time. The study examined whether physicians recognise sexual abuse with a particular focus on pre-pubescent girls. A kid may wait to disclose sexual assault since courts mostly rely on physical facts to decide cases involving this type of abuse, which could result in virtually little proof.

The study concluded that there is a requirement of untrained professionals and physicians to educate themselves and improve their knowledge of the dynamics and consequences of sexual abuse and report their findings. Additionally, it's important to determine how incidental sexual contact or intrafamilial interactions affect pre-adolescents' psychosexual conduct. The belief that a child who has experienced abuse will feel comfortable speaking with their normal doctor originates from the behavioural changes that take place in that youngster. A child who has experienced abuse will confide in someone they can trust the greatest. As a result, it is quite unlikely that the youngster will confide in their usual doctor.

However, it is also important to maintain that the physician is almost always the second person who intervenes in the case, as the child, after disclosing the trauma to a trusted person, is taken to the physician for physical examination. With the aspect of mandatory reporting of abuse to the police as under the Section 357C, Criminal Procedure Code and Section 21 of POCSO, healthcare professionals are often at the crossroads of maintaining confidentiality as part of medical practice ethics and helping the victim by reporting the abuse, making it a contradiction of various existing legal provisions such as informed consent[30] , voluntary reporting[31] , and abortion [32].

The Protection of Children from Sexual Offences Act, 2012 provides a detailed idea pertaining to the role of healthcare professionals in handling abuse casesEvery medical practitioner performing an examination on a patient who is older than 12 or whose family member is less than 12 must give their consent and be informed of the steps involved in the process. The first step in making a diagnosis is compiling a thorough medical history of the victim.

This includes a detailed account of the traumatic experience, the psychosocial background of the victim's family, the developmental stage of the child, past incidents of abuse and injuries, the victim's body language, demeanour, and emotional responses, as well as a verbal review of any physical issues that resulted from the abuse. The medical examination is the following phase, during which the doctor performs an ideal diagnosis of the vaginal region and gathers specimens for forensic evidence, screening, and STDs. Blood, semen, sperm, hair, or skin pieces that can be used to identify the attacker are examples of forensic evidence.

The goal of forensic investigation is to determine whether problems like drunkenness, physical abuse, or coercion are involved, as well as to comprehend the length, scope, and attempt or completion of penetration. As a result, doctors are uniquely qualified to identify the child's condition, report it, and provide follow-up care. In order to adequately identify and report child abuse, medical practitioners must be well trained in conducting a comprehensive examination and gathering evidence. Numerous projects are being undertaken in this area in India.

To put paediatricians in the uniform of child protection services, The Indian Academy of Paediatrics, for example, launched the Child Right and Protection Programme (CRPP) under VISION 2007. Additionally, in collaboration with UNICEF, The Indian Medical Association has organised a number of regional training sessions to educate medical professionals on child sexual abuse. Aspects of examination and reporting ought to be covered in medical academic curricula in order to fully train the professionals. These should include expert lectures, journal reviews, and multidisciplinary team discussions, as well as demonstration classes that involve discussions about interviewing techniques, examining genitalia, and gathering forensic evidence.

A self-paced training on responding to child sexual abuse, as suggested by Botash et al., may facilitate more efficient learning. In addition, health professionals should be up to date on the most recent data and the extent of abuse in order to create a prompt and effective diagnostic plan when working on a real case.

While the role of the doctor is crucial in preventing, identifying, and treating victims, other medical professionals like nurses, dentists, psychiatrists, gynaecologists, statisticians, and public health experts also play a crucial role. Since the effects of abuse extend beyond physical harm, emphasis must be placed on treatments and policies for their inclusion in victim prevention, recognition, and therapy.

The psychological component, which is often overlooked, needs to be prioritised in order to avert deadly long-term effects including despair, anxiety, and suicide thoughts. The moral and psychological support provided to a victim after the abuse plays a major role in the quality of life, emphasizing the importance of regular and constant monitoring of the victim.

Conclusion
The worst kind of child labour is child prostitution. They are subjected to a form of coercion or threat in order to keep them confined. Youngsters are unable to look for their own assistance. It is the exploitation of minors sexually for financial gain. It has several dimensions, such as child trafficking, prostitution, mental and physical abuse, and pornography.

For the profit of the traffickers, small children are abducted, coerced into slavery, subjected to hazardous working conditions as labourers, or involved in any other illegal activity. They are treated like slaves and live as captives. They endure extremely uncomfortable and upsetting circumstances. They don't have enough food or other necessities to sustain themselves, hence they are undernourished. Public awareness of child prostitution is frequently obscured.

It is a worldwide problem that affects all countries, not only those that are developing or less developed; nonetheless, it has not yet gotten the necessary attention on a global scale. The kids involved in this trade are not there voluntarily; instead, they are frequently tricked into having intercourse. Children who are involved in this trade often endure physical and psychological abuse, which is against their fundamental human rights.

Even though some adults or children are fortunate to escape the grasp of their abusers, the trauma they endured affects them for the rest of their lives. However, the number of kids who manage to get away pales in contrast to the number of kids who are coerced into the sex trade. Some kids never get to see maturity, while others spend their entire lives as sex slaves.

Recommendations
Because child prostitution has deep societal foundations, it is an extremely complex issue. Therefore, the author believes that it should be approached from several perspectives. In order to ensure that no new incumbents enter this sector, state agencies should take the necessary precautions. At the same time, however, they should set up rehabilitation centres for minors and even young adults who are already involved in this commerce.

To enable these kids to live honourable lives, the State ought to investigate the issue of ensuring that they receive a basic education. Guidance and counselling should be given to them both within and outside of school buildings. People should be made aware of the negative impacts of child prostitution.

The goal of the law and society should not only be to eradicate child prostitution; it should also be to severely punish those who engage in such activities and even parents who send their children into them knowing that doing so will bring in money. Individuals that have the same mindset will be terrified by this.

End-Notes:
  1. Child Prostitution, Encyclopedia, Cengage, https://www.encyclopedia.com/children/encyclopedias-almanacs-transcripts-and-maps/child-prostitution
  2. Shankar Megha, Legal Services India, The Veracity of Child Prostitution in India
  3. Ibid
  4. Ibid.
  5. Article 14 of Indian Constitution: "The State shall not deny to any person equality before law or the equal protection of the laws within the territory of India".
  6. Article 15(3) of Indian Constitution: "Nothing in this article shall prevent the state from making any special provision for women and children."
  7. Article 21 of Indian Constitution: "No person shall be deprived of his life or personal liberty except according to a procedure established by law."
  8. Article 23 of Indian Constitution: "Prohibition of traffic in human beings and forced labour – (i) Traffic in human beings and beggar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. (ii) Nothing in this article shall prevent the State imposing compulsory service for public purposes, and in imposing such service the state shall not make any discrimination on grounds only of religion, race, caste or class or any of them."
  9. Raj Bahadur v. Legal Remembrancer, AIR 1953 Cal 522. The Judiciary held that trafficking of women for immoral purposes is prohibited under Article 23
  10. Article 39(e) of Indian Constitution: "The State shall, in particular, direct its policy towards securing - that the health and strength of workers, men and women and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength."
  11. Article 39 (f) Indian Constitution: "The State shall, in particular, direct its policy towards securing - that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that child hood and youth are protected against exploitation and against moral and material abandonment"
  12. State of Rajasthan Vs. Om Prakash, AIR 2002 SC 2235. The Supreme Court declared that the courts would take a certain stance while handling cases of child rape by using Article 39(f). Given that it was a crime against humanity, the Court stated that it was more of the courts' job to protect these children legally in such situations.
  13. Section 366A of IPC, 1860: "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 that such girl may be, or knowing that it is likely that she will be, forced or seduce to illicit intercourse with another person, shall be punishable with imprisonment which may extend to 10 years, and shall also be liable to fine."
  14. Section 366B of IPC, 1860: "Whoever imports into (India) from any country outside India [or from the state of Jammu and Kashmir] and girl under the age of 21 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 10 years and shall also be liable to fine."
  15. Section 372 of IPC: "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 the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to 10 years, and shall be liable to fine.
    Explanation 1: When a female under the age of 18 years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.
    Explanation 2: For the purposes of this section 'illicit intercourse' means sexual intercourse between persons not united by marriage or by any union or tie which, though not amounting to a marriage, is recognised by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a quasi-marital relation."
  16. Section 373 of IPC: "Whoever buys, hires or otherwise obtains possession of any person under the age of 18 years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any purpose, shall be punished with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine.
    Explanation 1: Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female under the age of 18 years shall, until the contrary is proved, be presumed to have obtained possession with that intent.

Written By: Akanshi Taneja, LLM - O.P. Jindal Global University

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