Legal Responses To Child Prostitution In India: Between Protection And Punishment
- IJLLR Journal
- Sep 3, 2025
- 2 min read
Ms. Manpreet Kaur, Legal Practitioner, District and Sessions Court, Hoshiarpur.
Mr. Rahul Mdhara, Assistant Professor, University School of Law, Rayat Bahra Professional University, Hoshiarpur
ABSTRACT
Child prostitution — the sexual exploitation of individuals under the age of 18 for commercial gain — remains a persistent and intricate issue that lies at the crossroads of criminal law, child protection systems, poverty, gender inequality, and organized crime. This paper investigates the existing Indian legal framework concerning child prostitution (including key statutes and recent legislative amendments), identifies both substantive and procedural protection deficiencies, analyses enforcement challenges in practice, and suggests targeted legal and policy reforms aimed at enhancing prevention, protection, prosecution, and rehabilitation. This paper critically evaluates the legal responses to child prostitution in India by examining the interplay of the Immoral Traffic (Prevention) Act, 1956 (ITPA), the Protection of Children from Sexual Offences Act, 2012 (POCSO), and the Juvenile Justice (Care and Protection of Children) Act, 2015, alongside the recent Criminal Law Reforms, 2023. It investigates how, despite statutory law increasingly focusing on child protection and acknowledging children as victims of trafficking and sexual exploitation, enforcement agencies and lower courts frequently adopt punitive measures that inadvertently criminalize rescued minors. The paper underscores significant judicial interventions—such as Prerana v. State of Maharashtra and directives from the Allahabad and Bombay High Courts—that have instructed state authorities to prioritize rehabilitation, education, and reintegration. Additionally, it considers India’s international obligations under the UN Convention on the Rights of the Child and the Optional Protocol on the Sale of Children, Child Prostitution, and Child Pornography, highlighting the necessity for a victim-centric framework. The paper contends that India’s legal responses must shift decisively from punitive inclinations towards a rights-based, protection-focused approach. The conclusion suggests reforms that encompass enhanced protection mechanisms for victim-witnesses, efficient rehabilitation programs, and the alignment of anti-trafficking and child protection laws. This is to guarantee that children involved in prostitution are regarded not as offenders, but as survivors deserving of dignity, care, and justice.
Keywords: Exploitation, Rehabilitation, Victim-Centric, Prostitution.
