The Kerala High Court recently delivered a significant judgment concerning the Immoral Traffic (Prevention) Act, 1956 1 2. This legislation, often referred to as the ITPA, aims to prevent trafficking and prostitution in India. It does not make prostitution illegal per se but criminalizes specific activities related to commercial sex 3 4.
The Case
The case in question is Muhammed Remis v. State Of Kerala 1. The petitioners, accused Nos. 2 and 3, were indicted under Sections 3, 4, 5, and 7 of the ITPA . The prosecution alleges that the first accused distributed the mobile number of CW2 to various persons with the intent to facilitate prostitution. The second petitioner is alleged to have called CW2, and a rendezvous was arranged at the rented premises where they reside.
The Judgment
The court’s judgment focused on the interpretation of the ITPA, particularly Section 5 1 2. The learned counsel for the petitioner argued that the final report against the petitioners could not be sustained as the investigation was conducted by an officer who was not authorized to deal with the offence. The provisions of the Act are self-contained, and only the Special Police Officer empowered as per Section 13 (1) is entitled to carry out the detection, arrest, and investigation of a crime committed under the Act.
The court also examined whether a ‘customer’ in a brothel could be criminally proceeded against under the ITPA . This question arose in the context of the petitioner, who was allegedly found engaged in a sexual act with accused Nos.4 and 5 after paying Rs.500/- 2. The petitioner contended that even if the allegations are assumed to be true, he, being only a ‘customer’, cannot be proceeded against, as the statute does not contemplate prosecuting a ‘customer’ .
Significant Implications of Kerala HC’s Immoral Traffic (Prevention) Act, 1956 Judgment.
This judgment has significant implications for the interpretation and application of the ITPA. It raises important questions about the roles and responsibilities of different actors in the context of the Act, including those of the Special Police Officer, other law enforcement officers, and the ‘customers’ of prostitution 1 2.
The judgment also underscores the need for a careful and nuanced understanding of the ITPA. As the court noted, the Act does not make prostitution illegal per se but criminalizes specific activities related to commercial sex 3 4. This distinction is crucial for ensuring that the Act is applied fairly and effectively in the fight against trafficking and prostitution.
In conclusion, the Kerala High Court’s judgment in Muhammed Remis v. State Of Kerala offers valuable insights into the interpretation of the Immoral Traffic (Prevention) Act, 1956. It highlights the complexities involved in applying this legislation and underscores the need for a nuanced understanding of its provisions and their implications.
