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difference between stars hotel call girls and red lights prostitute?

Advocate

What is the difference between high class call girls  in star hotel and those prostitutes in red lights area like Delhi famous GB road, Sonagachi Calcutta etc?
 
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red light area are  licensed whereas high class girls in star hotels  are not licensed

 
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Advocate

both categories are covered under Immoral traffic Act.

 
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Advocate

Dear Raviji, but licensed are look down where as un licensed are glittering? and Sushi Sahib, do you mean that even licensed can be arrested from their place of industry under IT(P) act?


 

 
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Lawyer

Under what law licence is being issued in India for prostitution business?

 
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Legal Consultant

can any one please state under which law these types of licence is issued

 
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Advocate

Dear Sir, no such license provisions are in existence under any law in India. the law prohibits a women to solicit a client for prostitution but still it does not make a person under any liablity who uses the services of prostitution(the recent amendment  which is yet to be notified,has sought to punish clients also. as such no prostituion is legal in India but the loophole is that the Act itself does not criminalise prostitutes or prostitution. further deatils are put forth hereunder :


 Laws related to prostitution in India: Suppression of Immoral Traffic in Women and Girl Act -1956 Prevention of Immoral Traffic Act-1956 Immoral Traffic (Prevention) Act-1956 The Immoral Trafficking Prevention Act, 1956 ("ITPA"), the main statute dealing with s*x work in India, does not criminalise prostitution or prostitutes per se, but mostly punishes acts by third parties facilitating prostitution like brothel keeping, living off earnings and procuring, even where s*x work is not coerced. Section3. Punishment for keeping a brothel or allowing premises to be used as a brothel. (1) Any person who keeps or manages, or acts or assists in the keeping or management of, a brothel, shall be punishable on first conviction with rigorous imprisonment for a term of not less than one year and not more than three years and also with fine which may extend to two thousand rupees and in the event of a second or subsequent to conviction with rigorous imprisonment for a term of not less than two years and not more than five years and also with fine which may extend to two thousand rupees. (2) A any person who, - (a) Being the tenant, lessee, occupier or person in charge of any premises, uses, or knowingly allows any other person to use, such premises or any part thereof as a brothel, or (b) Being the owner, lessor or landlord of any premises or the agent of such owner, lessor or landlord, lets the same or any part thereof with the knowledge that the same or any part thereof is intended to be used as a brothel, or is willfully a party to the use of such premises or any part thereof as a brothel, shall be punishable on first conviction with imprisonment for a term which may extend to two years and with fine which fine which may extend to two thousand rupees and in the event of a second or subsequent conviction, with rigorous imprisonment for a term which may extend to five years and also with fine. (2-A) For the purposes of sub-section (2), it shall be presumed, until the contrary is proved, that any person referred to in clause (a) or clause (b) of that subsection, is knowingly allowing the premises or any part thereof to be used as a brothel or, as the case may be, has knowledge that the premises or any part thereof are being used as a brothel, if, - (a) A report is published in a newspaper having circulation in the area in which such person resides to the effect that the premises or any part thereof have been found to be used for prostitution as a result of a search made under this Act; or (b) A copy of the list of all things found during the search referred to in clause (a) is given to such person. Section5. Procuring, inducing or taking person for the sake of prostitution. (1) Any person who- (a) Procures or attempts to procure a person whether with or without his/her consent, for the purpose of prostitution; or (b) Induces a person to go from any place, with the intent that he/she may for the purpose of prostitution become the inmate of, or frequent, a brothel; or (c) Takes or attempts to take a person or causes a person to be taken, from one place to another with a view to his/her carrying on, or being brought up to carry on prostitution; or (d) Causes or induces a person to carry on prostitution; shall be punishable on conviction with rigorous imprisonment for a term of not less than three years and not more than seven years and also with fine which may extend to two thousand rupees, and if any offence under this sub-section is committed against the will of any person, the punishment of imprisonment for a term of seven years shall extend to imprisonment for a term of fourteen years: Provided that if the person in respect of whom an offence committed under this sub-section, - (i) Is a child, the punishment provided under this sub-section shall extend to rigorous imprisonment for a term of not less than seven years but may extend to life; and (ii) Is a minor; the punishment provided under this sub-section shall extend to rigorous imprisonment for a term of not less than seven years and not more than fourteen years. So it can be seen that both the sections namely section 3 and section 5 punishes only the acts of the 3rd party and same does the other sections in the Act and so new legislation shall be passed as to punish the client who are visiting the prostitutes

 
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Advocate

Dear Manishji, that is simply supreb and fantastic work, I really appreciate it. To add more, in the Statements and Objects and Reasons of Amendment Act of 1978 it was proposed by the Parliament that (i) It is propose to empower the State Governments to declare in certain areas in  the public interest to be places where prostitution will be prohibited. Now does it mean that in those areas not covered by the notification prostitution amount to licence? Again does the act apply all over India?

 
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Advocate

There is no such law for licencing for prostitution in India In some states licence granted only for the purpose of dancing in garb of dancing licence the prostitution cooked in hotels etc.

 
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Lawyer

Anyway the thing is that there is no difference between a call girl operating in Star Hotels and in red light area except the so called 'status'. Merely because the State may get powers to prohibit prostitution in a particular area, it does not mean that they are licenced to do business in other areas. There is no licencing procedure about prostitution in India.

 
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