Prostitution And Human Trafficking: Where Does Indian Law Draw The Line?
- IJLLR Journal
- 2 hours ago
- 1 min read
Srushti Ashok Jadhav, KES Shri Jayantilal H Patel Law College, Mumbai
Maitri Shah, KES Shri Jayantilal H Patel Law College, Mumbai
ABSTRACT
The relationship between prostitution and human trafficking has long been a subject of legal, moral, and social debate in India. While public discourse frequently treats the two as interchangeable, Indian law does not. Prostitution per se is not illegal in India; however, activities surrounding it are regulated under the Immoral Traffic (Prevention) Act, 1956 (ITPA). In contrast, human trafficking is expressly prohibited under Article 23 of the Constitution of India and criminalized under Section 370 of the Indian Penal Code. This legal distinction raises a crucial question: where does Indian law draw the line between voluntary sex work and exploitative trafficking? This study analyzes the conceptual and legal division between prostitution and human trafficking within the Indian system, centering on statutory arrangements, constitutional mandates and judicial method. It analyzes how consent, coercion, and exploitation as key deciding components, whereas too highlighting the legal approach, counting acknowledgment of the rights of sex workers. The research addresses the dark arrays where poverty, social vulnerability, and financial obligation complicate the idea of free agreement, challenging that in spite of the fact that Indian law attempts to recognize differentiation of voluntary sex work from trafficking, implementation gaps and societal stigma often blur this line, raising concerns about the existing legal framework effectively protects trafficking victims without sidelining consenting adult sex workers.
Keywords: Prostitution, Human Trafficking, Immoral Traffic (Prevention) Act (ITPA), Section 370 IPC, Article 23 Constitution of India, Exploitation, Sex Workers’ Rights, Judicial Interpretation, Socioeconomic Vulnerability, Implementation Gaps, Indian Legal Framework
