Hello everyone,
I’ve been reading about the Immoral Trafficking (Prevention) Act, 1956 (ITPA) and how, under current Indian law, the act of prostitution itself is not criminalised in many cases — instead the focus is on brothel-keeping, living off the earnings of a prostitute, procuring, etc.
Some questions for discussion:
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Does the ITPA’s approach effectively protect s*x workers’ rights and safety, or does the criminalisation of third-party facilitation push the work underground?
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Would decriminalising or regulating the third-party aspects (brothel-keeping, procuring, etc) alongside s*x work itself lead to better outcomes in terms of health, safety, and monitoring?
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What lessons might India take from other jurisdictions that have legalised or regulated s*x work (to the extent possible) and how might they apply in the Indian socio-legal context?
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From a legal drafting perspective: if one were to revise the ITPA or introduce new legislation, what key safeguards would be essential (e.g., consent provisions, anti-trafficking protections, regulatory oversight, worker welfare measures)?
I’d love to hear perspectives from legal practitioners, scholars, and anyone with experience or research in this area. What do you think the best path forward is, both practically and legally?
Thanks
