High Court Justice VG Arun clearly said that sex workers cannot be seen as objects. Those who go to brothels and exploit them by paying money are not just "customers" but criminals in the eyes of the law.

The issue of prostitution in India has always been a matter of controversy. It is neither completely legal nor completely illegal. But recently, the Kerala High Court made an important comment saying that people who go to brothels and pay for sexual services can also be considered guilty. Justice VG Arun of the High Court clearly said that sex workers cannot be seen as objects. Those who go to brothels and exploit them by paying money are not just "customers" but criminals in the eyes of the law.

Why is this decision important?

The judge said that in most cases sex workers are forced into this business through human trafficking or under compulsion. Their bodies are used to fulfill the 'comforts' of others. In such a case, the person who gives them money also instigates them to do this work.

What was the matter?

This decision came when a man was caught with a sex worker during a police raid in Thiruvananthapuram. The accused told the court that he was just taking the service, but the police booked him under several sections.

Which sections were applied?

The police had booked the accused under sections 3, 4, 5(1)(d) and 7 of the Immoral Traffic (Prevention) Act, 1956 (ITP Act). Sections 3 and 4 deal with running a brothel or earning from prostitution. Sections 5(1)(d) and 7 criminalise obtaining sexual services and activities related to prostitution in public places.

The high court granted relief to the accused under sections 3 and 4, but ordered continuation of proceedings under sections 5(1)(d) and 7.

Big learning from the court

The High Court clearly said that paying money does not make anyone a customer, rather it is like promoting sexual exploitation. The court also said that in fact a large part of the money goes to the broker or brothel operator, due to which the sex workers become even more helpless.

PC:Latestly