Physical or mental maltreatment also is an abuse as Suppression of Immoral Traffic in Women and Girls Act
A comparison of Section 2(a) and (f) of the Suppression of Immoral Traffic in Women and Girls Act and Section 2(a) and (f) in the I.T.P. Act shows that there are vital distinctions between the definition of the words "brothel" and "prostitution" in the two Acts. As per the definition given in the Suppression of Immoral Traffic in Women and Girls Act, prostitution means a female offering her body for "promiscuous s*xual intercourse for hire" whether in money or kind whereas in the I.T.P. Act, the definition given to that word is "the s*xual exploitation or abuse of persons for commercial purposes". A reading of the word "prostitution" after the amendment makes it very clear that it is very wide and there need not be any offering of a female for promiscuous s*xual intercourse for hire. In Gaurav Jain v. Union of India, AIR 1997 SC 3021 the Supreme Court held as follows:--
"It has been brought within its frame, by amendment, the act of a female and exploitation of her person by an act or process of exploitation for commercial purpose of making use of or working up for exploitation of the person of the women taking unjust and unlawful advantage of trapped women for one'sbenefit or s*xual intercourse. The word "abuse" has a very wide meaning everything which is contrary to good order established by usage amounts to abuse. Physical or mental maltreatment also is an abuse. An injury to genital organs in an attempt of s*xual intercourse also amounts to s*xual abuse."
Kerala High Court
Baijunath vs Station House Officer on 31 March, 2005
Equivalent citations: 2005 (3) KLT 253
