Kerala HC rules customers in brothels can be prosecuted under ITP Act
Kerala High Court Cracks Down on Brothel Clients: Paying for Sex Counts as Inducing Prostitution
In a bold move, the Kerala High Court has made it clear that people who pay for sexual services in brothels can face charges under the Immoral Traffic (Prevention) Act, 1956, or ITP Act. The court says this kind of payment actually induces prostitution, putting clients right in the spotlight as exploiters.
Justice VG Arun delivered the strong verdict, stressing that sex workers aren’t objects to buy or sell. "You can’t just call someone a ‘customer’ when they visit a brothel and pay for a sex worker’s services," the court pointed out. "That money acts as an inducement, forcing the sex worker to go against their will, often due to trafficking and coercion."
This big ruling stems from a 2021 police raid in Peroorkada, Thiruvananthapuram. During the operation, cops busted a brothel and caught the petitioner—a man—in a room with a woman. In another room, they found a different man in a similar situation. Digging deeper, police uncovered that two people ran the show: they brought in women for prostitution and pocketed the cash.
The brothel bosses got hit with charges under Sections 3 and 4 of the ITP Act for running the illegal setup and profiting from prostitution earnings. The petitioner, though, faced heat under Section 5(1)(d) for inducing someone into prostitution and Section 7 for engaging in such activities near public spots.
The man fought back in court, claiming he was just an innocent customer and that paying for services didn’t make him guilty of inducing or managing anything. He even cited old judgments to back his case. But the prosecution pushed back, arguing that the evidence would sort out his role during the trial.
After listening to both sides, the Kerala High Court drew a clear line. It said Sections 3 and 4 target the brothel operators, but clients who pay for sexual services in these places fall under Section 5(1)(d) as inducers. "Labeling them as customers would undermine the whole purpose of the ITP Act—to stop human trafficking and shield those forced into prostitution," the court added.
In the end, the court dropped the charges against the petitioner under Sections 3 and 4. But it greenlit the case to go ahead under Sections 5(1)(d) and 7. This decision could shake up how India tackles sex trafficking and brothel raids, making sure exploiters don’t get a free pass.
