HC Kolkata on Immoral Traffic Act, 1956. The client cannot be prosecuted until proven to have exploited the sex worker.
HC Kolkata: A brothel customer cannot be prosecuted under the Immoral Traffic (Prevention) Act, 1956 unless it is proved that he is financially exploiting a sex worker, the Calcutta HC has ordered. The HC, while quashing the charge sheet against an NRI businessman, observed that based on the material produced in the court, it appears that the NRI had come to Kolkata from Dubai and had chosen to have sex for money.
The HC said the investigation does not reveal whether he had financially exploited the sex worker, even repeatedly visited the place or habitually lived with the sex worker. The High Court held that unless it is proved, it would be impossible to prove that he abetted and abetted the offense.
The case dates back to January 2019, when the NRI businessman claimed that he had reached Kolkata from Dubai. He claimed that he had back pain and found a massage parlor from the internet and reached there. When the masseuse approached her, she claimed, the police raided the place and arrested everyone, including her. He was granted interim bail.
Police said the businessman was caught 10 people, including eight women, have been arrested in red-handed raids in the brothel. He said the businessman was found in a compromising position with a sex worker. read also
Justice Ajoy Kumar Mukherjee observed, βWhat is punishable under the Act is sexual exploitation or abuse of any person for commercial purpose and to keep or permit the premises to be used as brothel for earning bread and when any person but is engaged in prostitution or when any person is found soliciting or abetting any other person as defined under the Act. I do not find any material in the case diary to suggest that the petitioner is living on the earnings of prostitution. ” published on.