Human Trafficking and Prostitution

Utkarsh Bhatt, Saumya Sharma | ICFAI University, Banasthali Vidyapeeth | 19th October 2019

INTRODUCTION

India, one of the largest democracies in the world, has constitutionally prohibited traffic in human beings and has enriched the right to be free from exploitation as a fundamental right of every person[1]. Human trafficking is considered as the third largest organised crime, globally and the number is increasing every year. Poverty, uneven employment, gender discrimination and harmful tradition could be the one reason of Human Trafficking and Prostitution. Prostitution is one of the kaleidoscopic images nurtured by a social fabric which wishes to perpetuate the status of the women as sexual objects. In one of the survey, it is found that not only men but also the women are involved in this occupation. Although as per the I.T.P.A.[2] If a women who attain age of 18 and perform a sexual intercourse with her consent is not an illegal activity[3], but anumber of related activities including soliciting in a public place, kerb crawling, owning or managing a brothel, prostitution in a hotel[4], child prostitution, pimping and pandering[5] are illegal[6][7]. On the practical aspect prostitution does not exist without exploitation.

Human Trafficking & Prostitution

Human Trafficking

Although the Human Trafficking and Prostituon is a different topics but they are interlinked with each other, unfortunately even among governments and international organisations, there is no consistent use of the term human trafficking and no consensus on what the term compromises or how it relates to the issue of forced labour, slavery prostitution and exploitation. In 2000 The United Nations Protocol to prevent, supress and punish trafficking in persons (the Palermo Protocol defines human trafficking as:

“the recruitment, transportation, transfer, harbouring or receipt of persons by means of threat or use of force or other forms of coercion of abduction of fraud, of deception, of the abuse of power or of a position or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person having control over another person for the purpose of exploitation. Exploitation shall include at a minimum the, the exploitation of the prostitution or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs”[8].

Prostitution

However, in general prostitution is not a illegal activity but prostitution is a commercial business in which a women voluntary or non-voluntary sells her body for terms of money. The legality of prostitution varies from country to country. As it is seen in the figure that in European and northern Asian countries the practice of prostitution is illegal while in American Countries the practice of prostitution is legal but neo-abolitionism is illegal to by sex and for 3^rd party involvement is legal to sell sex.[9]

Historical Perspective of Prostitution

In U.S.A., Human Trafficking and prostitution was virtually uncontrolled till the MANN ACT[11] was passed IN 1910. By 1959 British Parliament open solicitation by prostitute but permitted them to operate and run in their own houses and provided rehabilitation training to all who wish to change their occupations. While in China Chinese officials maintains that prostitute no longer exists in their country, while in India this profession of prostitution is very old. Earlier this profession in India only include dance and singers professionals, but later on during the Mughal period the profession of prostitutes become more popular. In Vedic Era of India Katuliya laid down the rules for keeping the public women as a prostitutes under control. However the rapid urbanisation and industrialisation of cities during the British Period increased the evil, and certain legislative measures were taken to stop it[12].

Factors of Prostitution

• Forced Labour Victims
• Poverty
• Under-age Employment
• Immoral Trafficking in Children &Women
• Successful Migrants
• Bad Neighbourhood
• Illegitimate Motherhood

The rate of factors responsible for prostitution

Forced Labour Victims

1. Poverty: Poverty is the one of the factor which increases the crime of prostitution as we look on the poverty rate of India is now declining but the one or some other ways the Human Trafficking and Prostitution. The illiterate or the semiliterate women cannot get easily get employment/ More often than not they have to sexually gratify their prostitute.

e.g. the maid servant are after objects of the lust of their employers.

Year	1994	2002	2007	2010	2014
Rate	35%	25%	22%	29.8%	21.9%

Poverty rate of India.[14]

• Under Age- Employment: Many females have to work in hotels officers, industry and shop at immature age. The Problem is that they are unaware of the exploitation that they are facing. Owners or the managers of hotels use to treat as their sex slaves.
• Immoral Trafficking in Children & Women: The biggest factors that increases the prostitution rate. Most of the cases in India. Sometimes family members, Travel agents are involved in immoral trafficking of children. Sometimes the gangsters kidnapped them from their homes and properly trained them in the art of prostitution and when these girl are mature they are sold.

Successful Migrants

1. Bad Neighbourhood: The children living near brothels or in the company of immoral persons become so used to seeing sex trade that they come to accept it as normal. Brothel keepers usually haunt these areas for their prey.
2. Illegitimate Motherhood: The women who became pregnant as a result of their liaisons and who cannot get abortion get exposed in society. Nobody wants to marry but everybody wants to enjoy them sexually. Desperately such women usually prefer to become regular prostitutes.  

Effect of Prostitution

The effect of prostitution can be seen on societies as well as on the individual one’s:

1. Personal Impact
2. Social Impact

Personal Impact

Although the prostitutes are treated as sex slaves, a material for pleasure for someone. The whole life of a prostitute can be summon in to 2 ways. Alienation and exploitation. But if we look on another aspect of this view the industry hugely affects the life of prostitute in some or other way.

1. Intimidation: The pimps or brothels keepers use to intimate the female sex workers by kills others to show force. Most of the time they uses weapons and the biggest factors that they use to lies about the police involvement in the trafficking situation.[15]
2. Emotional Abuse:  Apart from physical abuse prostitutes also suffer from emotional abuse. The pimps or the society humiliates in front of others. The pimps used to play mind games. They make the victim feel guilt and blame for the situation.[16]
3. Emotional Abuse: Apart from physical abuse prostitutes also suffer from emotional abuse. The pimps or the society humiliates in front of others. The pimps used to play mind games. They make victim feel guilt and blame for the situation[17].
4. Isolation: The brothels must be kept confined to prevent the rescue of prostitution. They create distrust of police and others. Transfer of victims to multiple location as per the convenience of customers. They never allow the victims to learn English or basic education.[18]
5. Minimising Denying and Blaming: They make abuse of situation and denies that anything illegal is occurring. They blame on victim for the trafficking situation.[19]
6. Sexual Abuse: Victims are forced to have sex with multiple people in a day. Rape as weapon and means of control. Most of the victims are treated as an object for monetary gain
7. Using Privilage:Victims are like a servant, gender roles are defined to make subservient. Sometimes victims are used to control victims. The important papers are destroyed such as their identity cards, birth certificates and other documents.

• Economic Abuse:  Debt creates bondage that can never be repaid. Victims are forbids to access to their bank accounts. The pimps or brothel keepers snatch their money for their livelihood.

• Coercion and Threats:  They suffer a lot of physical harm and threatens to harm family. The threatens shame the victims to community and report to police immigration.

Social Effects

No doubts, prostitution cause personal family and social disorganisation. The prostitutes suffer from decoration. The prostitute and the person who approaches her lead a sort of double life. They suffer from moral collapse and lose their status and position which other respectable men and women enjoy in society. Respectable people hate them avoid their company and want to isolate them in society. As a result the pimp and the prostitute become ‘hated and isolated islands’. They lead a life with their own definition of promiscuous sex conduct and a life with their own definitions of promiscuous sex conducts and immoral principal. This will be quite different from the society’s conception of morality.

The man who approaches a prostitute may be contaminated with venereal disease. If married he may communicate the disease to his wife and children. The children born to parents having venereal diseases. If married are likely to be maintained for life and many a time are born blind. The illegitimate and adulterous sexual union, if known to the wives, brings tension in the family and ultimately to desertion to divorce. There are clinical and psychoanalytic evidence to show that many young men who had pre-marital sex union with prostitutes suffer from ‘psychic impotency’ in married life. The reasons for this may be many and various depending upon the individual. One of the reason for the psychic-impotency is hatred owned towards the prostitutes sex developed before during or after the sex –union and fear of contamination of venereal disease from the prostitute at the time or after he had sexual relation with her. A prostitute performs two functions in the society-viz, the commercial functions and health functions. The brothels call flats and disorderly hotels where prostitutes is permitted become accessible places for the public to have free sex satisfaction. This brings money to those who conduct it, but at the same time, it spreads venereal diseases. The managers of hotels pimps, panders and prostitutes perpetrate criminality in society by including and kidnapping girls. They resort to various foul methods of procuring[20].

 Comparison of Prostitution Rate of World and India

There are number of difficulties involved in collecting meaningful prostitution statistics. Due to unregulated and often illegal nature of the work, only estimates are available for the number of prostitutes in a particular country. In countries where prostitution statistics can be misleading. The majority of prostitutes are never arrested and those who are can often be charged with other offences instead.[21]

Prostitution data of different countries:

 In the above graph normally five countries are compared on the basis of their law as we can see India has the highest no. of prostitutes.

Numbers of prostitutes
Country	Number of prostitutes Source: UNAIDS 2016 Sex Workers: Size Estimates[22]		Population[23]
Afghanistan	13,000		34,656,032
Albania			2,926,348
Algeria			40,606,052
Angola	33,000		28,813,463
Antigua and Barbuda	755		100,963
Argentina	75,000		43,847,430
Armenia	5,600		2,924,816
Australia	21,000		24,125,848
Austria			8,712,137
Azerbaijan	25,000		9,725,376
Bahamas	3,035		391,232
Bahrain			1,425,171
Bangladesh	140,000		162,951,560
Belarus	22,000		9,480,042
Belgium			11,358,379
Benin	15,000		10,872,298
Bhutan			797,765
Bolivia	31,000		10,887,882
Bosnia and Herzegovina	4,000		3,516,816
Botswana	4,200		2,250,260
Brazil	550,000		207,652,865
Bulgaria	10,000		7,131,494
Burkina Faso	31,000		18,646,433
Burundi	51,000		10,524,117
Cambodia	34,000		15,762,370
Cameroon	110,000		23,439,189
Canada			36,289,822
Cape Verde	1,400		539,560
Central African Republic	782		4,594,621
Chad	1,200		14,452,543
Chile			17,909,754
China			1,403,500,365
Colombia	7,200		48,653,419
Comoros	200		795,601
Congo			5,125,821
Costa Rica			4,857,274
Croatia			4,213,265
Cuba	89,000		11,475,982
Cyprus			1,170,125
Czech Republic	13,000		10,61 0,947
Democratic Republic of the Congo	2,900,000		78,736,153
Denmark			5,711,870
Djibouti	2,900		942,333
Dominican Republic			10,648,791
East Timor	1,700		1,268,671
Ecuador	34,000		16,385,068
Egypt	23,000		95,688,681
El Salvador	20,000		6,344,722
Equatorial Guinea	5,800		1,221,490
Eritrea	1,600		4,954,645
Estonia	1,000		1,312,442
Ethiopia	19,000		102,403,196
Federated States of Micronesia	290		104,937
Fiji	857		898,760
Finland			5,503,132
France			64,720,690
Gabon	368		1,979,786
Gambia	3,100		2,038,501
Georgia	6,500		3,925,405
Germany			81,914,672
Ghana	52,000		28,206,728
Greece			11,183,716
Guatemala	26,000		16,582,469
Guinea	8,400		12,395,924
Guinea-Bissau	3,100		1,815,698
Guyana	5,300		773,303
Haiti	70,000		10,847,334
Honduras	23,000		9,112,867
Hungary			9,753,281
India	660,000		1,324,171,354
Indonesia	230,000		261,115,456
Iran			80,277,428
Iraq			37,202,572
Ireland	1,000		4,726,078
Israel			8,191,828
Italy			59,429,938
Ivory Coast	9,200		23,695,919
Jamaica	19,000		2,881,355
Japan			127,748,513
Jordan			9,455,802
Kazakhstan	19,000		17,987,736
Kenya	130,000		48,461,567
Kiribati	114		114,395
Kuwait			4,052,584
Kyrgyzstan	7,100		5,955,734
Laos	13,000		6,758,353
Latvia			1,970,530
Lebanon	4,200		6,006,668
Lesotho	6,300		2,203,821
Liberia	1,800		4,613,823
Libya			6,293,253
Lithuania			2,908,249
Luxembourg			575,747
Macedonia	3,600		2,081,206
Madagascar	170,000		24,894,551
Malawi	9,300		18,091,575
Malaysia	21,000		31,187,265
Maldives			427,756
Mali	36,000		17,994,837
Marshall Islands	250		53,066
Mauritania	315		4,301,018
Mauritius	6,200		1,262,132
Mexico	240,000		127,540,423
Moldova	12,000		4,059,608
Mongolia	1,300		3,027,398
Morocco	75,000		35,276,786
Mozambique	14,000		28,829,476
Myanmar	66,000		52,885,223
Namibia	8,100		2,479,713
Nepal	67,000		28,982,771
Netherlands	25,000		16,987,330
New Zealand			4,660,833
Nicaragua	18,000		6,149,928
Niger	47,000		20,672,987
Nigeria	100,000		185,989,640
North Korea			25,368,620
Norway			5,254,694
Oman			4,424,762
Pakistan	230,000		193,203,476
Palestine			4,790,705
Panama	5,200		4,034,119
Papua New Guinea			8,084,991
Paraguay	3,400		6,725,308
Peru	67,000		31,773,839
Philippines	150,000		103,320,222
Poland			38,224,410
Portugal			10,371,627
Qatar			2,569,804
Romania			19,778,083
Russia			143,964,513
Rwanda	12,000		11,917,508
Samoa	400		195,125
Saudi Arabia			32,275,687
Senegal	21,000		15,411,614
Serbia	3,900		8,820,083
Seychelles	586		94,228
Sierra Leone	240,000		7,396,190
Singapore			5,622,455
Slovakia			5,444,218
Slovenia			2,077,862
Somalia	11,000		14,317,996
South Africa	24,000		56,015,473
South Korea			50,791,919
South Sudan	5,000		12,230,730
Spain	70,000		46,347,576
Sri Lanka	14,000		20,798,492
Sudan	210,000		39,578,828
Suriname	2,200		558,368
Swaziland	4,000		1,343,098
Sweden			9,837,533
Switzerland	20,000		8,401,739
Syria	25,000		18,430,453
São Tomé and Príncipe	89		199,910
Taiwan			23,556,706
Tajikistan	14,000		8,734,951
Tanzania	160,000		55,572,201
Thailand	150,000		68,863,514
Togo	10,000		7,606,374
Tonga	1,000		107,122
Tunisia	25,000		11,403,248
Turkey			79,512,426
Turkmenistan			5,662,544
Tuvalu	10		11,097
Uganda			41,487,965
Ukraine	80,000		44,438,625
United Arab Emirates			9,269,612
United Kingdom			65,788,574
United States			322,179,605
Uruguay	8,200		3,444,006
Uzbekistan	22,000		31,446,795
Vanuatu	2,000		270,402
Venezuela			31,568,179
Vietnam	72,000		94,569,072
Yemen	54,000		27,584,213
Zambia	9,300		16,591,390
Zimbabwe			16,150,362

ProstituionRate of India On basis of States.

National Capital i.e., Delhi had decreased the rate from 87 to 66

Some of the case reports:

In 2011, India ratified the Palerma Protocol to prevent, supress and punish trafficking in persons, especially women and children. So it has an obligation to implement it domestically. The definition says that human beings are trafficked for different types of exploitation, which at a minimum includes the exploitation of the prostitution of others, sexual exploitation found labour and begging.

There are some cases, the cases of studies is based upon the editorial of the editors.

1. There was a lady after the day after arrest of Gurjit Kaur, the conduit who allegedly altred 19 year old Simranjit Kaur of Pandoori Gola Village in Tarn Taran district in to the network of travel agent, was duped there as a commercial sex worker in Oman[25]
2. Another story of a lady Simran Kaur told that she was duped along with her 17 girls from Punjab was sold to other countries for selling them as a sex workers.[26]
3. A 60 year old women from ferozpur had claimed there are around 30 women from Punjab who are forced to work as prostitutes in Oman.[27]
4. Recently 8,000 cases of Human Trafficking. Almost 23,000 victims were rescued.[28]

Prevailing Laws on Human Trafficking

International Concerns:  

As per the international cooperation to end the traffic in women for the purpose of prostitution began in 1899. In 1921, League of Nations appointed a committee, the committee on the Immoral Traffic In Women and Children. There is a law which prevails internationally.

Universal declaration of Human Rights, which says that no one shall be in all their forms.[29] Article 4(2) of the International Convent on Civil and Political Rights declared the right to be free from slavery.[30]

Article 8: Non degradable right: It is a right that has acquired the status of juscogens under customary international law.[31] While article 8(1) and (2) respectively states that no one shall be held in servitude.[32]

Indian Law Concerns:

On the part of Indian, There are many laws which are prevailing to keep strict ban on practice of prostitution and immoral trafficking of Human Beings

The Constitution of India 1947:

The Indian Constitution prohibits trafficking in persons and guarantees many of the internationally recognised Human Rights norms.[33] Some of them are: 

1. Right to life and personal liberty.[34]: No person shall be deprived of his life or personal liberty except according to procedure established by law.
2. Right to Equality[35]: The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. 
3. Prohibition of traffic in human beings and forced labour[36]:(1) Traffic in human beings and beggar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. (2) Nothing in this article shall prevent the state from imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.

The Indian Penal Code 1860:

Apart from the Indian Constitution, The Indian Penal   Code also prohibits the practice of prostitution as it contains the sections. 370A, 371, 372 and 373. It includes the punishment and imprisonment if a person trafficked a minor for the purpose of sexual activity,[37] While the section 372 and section 373 deals with the punishment of selling and buyer of minor for the purpose of prostitution the person is liable for the imprisonment of 10 years and shall also be liable to fine.[38] All these laws are directly applicable to brothel owners, brothel staff and customers when they engage in sexual intercourse with children and minors, with or without their consent, or with those women who are kept in brothels under force or threat.

Domestic Legislation Subsequent to the Trafficking Convention:

S.I.T.A. and I.T.P.A. (1986)

Although the Indian Constitution and I.P.C. contains laws to prevent the prostitution. But to give effect to these constitutional provisions and to provide coherence with the practice of Human Trafficking and prostitution India enacted a law SITA (TheSupression of Immoral Traffic in Women and Girls Act,1956), later it was named as ITPA( Immoral Trafficking Prevention Act 1986). Under this act Section 1 contains provisions” to punish any person who to gratify the passions of another person, even with the consent of that person. (2) Exploits the prostitution of another person even with the consent of that person.[39] Under Section 2 of the convention further “agree to punish any person who: 1. Keeps or manages, or knowingly finances or takes part in the financing of a brothel; knowingly lets or rents a building or other place or any part there for the purpose of the prostitution of others.[40]

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Case Study

Kaushailya V. State of Others[41]

In a 1963 case, Kaushailya V. State, the Allahabad High Court had struck down the Section 20 of S.I.T.A. on the grounds that it infringed fundamental rights granted by the constitution.[42] Although the High Court did not look in to the fundamental issues of prostitution or the various interests involved in it. Justice W. Broome declared that if a profession or trade that is an “inherently immoral activity like prostitution”, then it is open to the state to impose a total ban; and no one can claim any fundamental right to carry on such an activity.

Begum V. State of Others[43]:

In the appeal of Begum V. State, Judge Patel touched the central nerve of the problem of prostitution in India. In the beginning of his Judgement, Justice Patel hints that instead of being insensitive towards victims of prostitution, the state should be looking at options to provide them alternatives.

However, the Supreme Court did not analyse or try to refute the arguments given by the High Courts in a logical manner instead they quashed the decisions and wrongly upheld the law. The effect of this was to add to the discrimination and forceful suppression of the women and girls in prostitution. This reveals a lack of humanity on the part of the Supreme Court, as the High Court pointed out the arbitrariness of the removal provisions, which not only violates A-14 and A-19(1)(d) and (e) of the Constitution, but also Article 21 which protects the right to life and personal liberty of a person.[44]

Gaurav Jain V. Union of India[45]:

In another recent and rather bizarre case, Gaurav Jain v. Union of India  and others[46], an overly enthusiastic Justice of the Supreme Court from the Division Bench passed an order singly, in defiance of the Constitution which requires a majority vote before judgment is issued[47]. The order stated that the prostitutes were to be rehabilitated through self-employment schemes, and that the children should be provided with “adequate safety, protection and rehabilitation in the juvenile homes manned by qualified trained social workers or homes run by NGOs with the aid and financial assistance given by Government of India or State Government.[48]” This decision was later to be overruled by the three justice bench of the Supreme Court[49]. In this case, Justice K. Ramaswamy, after discussing various facets of prostitution in India, issued an order under Article 142 of the Constitution[50]. According to Article 142, any order or decree passed by the Supreme Court shall have force of law and “shall be enforceable throughout the territory of India.[51]” However, the power of Court under Article 142 is subject to Article 145(5) of the Constitution, under which “no judgment and no such opinion shall be delivered by the Supreme Court save with the concurrence of a majority of the Judges present at the hearing of the case.[52]” In a Division Bench when two justices differ on anopinion, neither opinion forms the majority opinion, and in such a case the matter is to be referred to the Chief Justice, who then places the matter before a higher bench to resolve the disputed matter[53].Justice Ramaswamy, after stating that “[w]hen there is a dissent in a two judge panel, the majority opinion forms binding precedent,” singly ordered from the Division Bench to the Union of India as well as all State Governments to evolve, after in-depth discussion at ministerial level, conferences, procedures and principles or programs which would help rescue and rehabilitate the fallen women[54]. Otherwise, the Justice observed, “the fundamental and human rights remain pious platitudes to these miserable souls

Crushed in the cruel flesh trade with grinding poverty in the evening of their lives.[55]” The second justice, Justice Wadhwa, dissented andobserved that the issues surrounding the eradication of women’sprostitution and their rehabilitation were not the issues raised in thewrit petition, and further, that these issues were extremely profoundinvolving the Union and all state governments[56]. Therefore, he wasnot ready to be a part of that section of order, pending furtherhearings. However, Justice Wadhwa concurred with JusticeRamaswamy on the issue of the children of prostitutes, includingtheir rescue and rehabilitation, and the need for juvenile homes,which, in his view reflected the issues rose in the petition and thehearing before the Supreme Court[57]. Throughout his judgment, Justice Ramaswamy refers tovictims of prostitution as “fallen women,” as if they are notrespectable or complete women in the Justice’s eyes[58]. It is highly

Inappropriate for a judge to use such derogatory language from thebench of the Supreme Court, and even more reprehensible when thislanguage is aimed at victims of such a crime. Although at firstglance it appears that Justice Ramaswamy seems more sympatheticand concerned with the problems of prostitution, Justice Wadhwa isactually correct in this case. Justice Wadhwa does not disagree thatthe evil of prostitution must be curbed, but he raises the concern thatsimply passing an order would not eradicate the problem. Hefocuses on collecting the resources to be employed, suggestingdiscussion with the Union and state governments in order to developa coherent methodology for dealing with the problem[59].This judgment is just one of many that reinforce the fact ofthe Supreme Court’s failure to address the inhumanity inherent inProstitution in India, contrary to its reputation for being an activistjudiciary. The Supreme Court has largely ignored the crimescommitted against the victims of trafficking, thereby remains aspectator of the government’s emphasis on punishing victims, sexworkers, for their work, without investigating the circumstancesunder which they have been forced to adopt that profession. The

Deep prejudice and discriminatory attitude of the justices againstvictims of prostitution have prompted them to play an indifferentrole.

Remedial Measure

Sex Education:

Both men and women should be educated about and dangers of venereal diseases or sexually transmitted diseases and the sources of such diseases and their negative impact on marital and familiar relations, there are various steps to educate people. The values of self-control should be taught at an early age. These should be a provision for sex education to young people in schools and colleges. Suitable literature for sex education should be distributed to the young ones by some social welfare agencies. The Association for Moral and Social Hygiene in India is also working in this direction. The sex education is also helpful in avoiding unwanted pregnancies before marriage and also after marriage[60].

Employment opportunities for Women:

Girls and women are forced to take up this profession because of extreme poverty.Hence training and education should be provided to them.Imparting education, training and skills will increase the employability of women in job market. Economic empowerment can prevent the poor women from entering this degraded profession.Girls and women are forced to take up this profession because of extreme poverty.Hence training and education should be provided to them.Imparting education, training and skills will increase the employability of women in job market. Economic empowerment can prevent the poor women from entering this degraded profession.

 Abolition of Certain Social Customs:

Widow Remarriage should be encouraged. With Window Remarriage Act window became free to marry. Unfortunately the restriction of Society.On widow marriage has perpetuated. The system of dowry which debarred many girls from getting married should be discouraged wholeheartedly in practice. There is an urgent need to change the society’s attitude towards the widow marriage,dowry and Devdasi.

Double Standards of morality has to be discouraged:

The notation of double standards of morality should be discouraged. It is in reality impossible to have double standard morally in matters of sex for without male chastity, female chastity is impossible. As a result of a double standard of morality which demands woman to be chaste, and expects man to be irregular and there developed tolerated vice”.[61]

Publicity and propaganda:

Public should be enlightened on the legislation and if any such nuisances in the surrounding areas are found then, immediately one should come forward to report this event. Besides, films stimulating sex interest and pornographic literature should be discouraged. The present younger generation has a free access to Internet. In internet there are many sites are there that are capable of bringing down the moral standards among youngsters, hence, parents should be cautious about the internet habits of their children[62].

Establishment of Venereal Disease Clinics:

Special Venereal Disease Clinics should be opened to treat the victims of venereal diseases. Diagnostic facilities should be provided to vulnerable groups like prostitutes and lorry drivers.

Bulletins:

Pamphlets should be issued to create public awareness about the flesh trade. Public should be advised to seek treatment immediately if they are suffering from such venereal diseases. Besides, there should be free blood test examination and treatment of all antenatal cases to ensure the birth of normal, healthy children free from all congenital blemishes.

Advertisements:

A government should publish the advertisement on news and media channels to make general awareness of Human Rights and it should focus on the illegality of prostitution.

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Sex Robots: Alternative Option

Sex robots or sexbots are hypothetical anthropomorphic robot sex dolls.[63] As of 2018, although elaborately instrumented sex dolls have been created by a number of inventors, no fully functioning^[vague] sex robots exist. There is controversy as to whether developing them would be morally justifiable.

By 1968, sex dolls were first advertised in pornographic magazines and became available for purchase via mail. These sex dolls were inflatable with air; consisting of penetration areas at the mouth, vagina, and anus. However, due to their inflatable nature, these dolls were subject to deterioration and were not sustainable for constant use. By the 1970’s, materials such as latex and silicone were widely used in the manufacturing of sex dolls to facilitate enhanced durability and a greater resemblance to a human[64].

The realism of sex robots greatly accelerated in the late 1990s. In 1997, Matt McMullen began constructing lifelike, tin-cure silicon mannequins called RealDollsthat were ‘realistic, posable, and life-sized’. McMullen received much criticism about the anatomical correctness of his mannequins; using this as motivation to create a more enhanced version. In 2009, McMullen switched to using platinum material, instead of tin-cure silicon, to further enhance the durability and lifelike nature of the doll. Consequently, all other sex doll manufacturers have followed suit. Many manufacturers, including McMullen, believed that companionship is a critical part of the sex bot dynamic and that incorporating AI into them is the next step.

In popular culture

Intimacy with robots, artificial intelligence, and other human-constructed items are saturated in the media landscape. They provoke questions about what is love, why people crave the need for affection, and challenge pre-existing beliefs of what it means to be human[65].

Originally published in 1886, the novel Tomorrow’s Eve centers around a fictionalized Edison, who creates a female robot for his lonely patron. While the robot’s beauty is apparent, the robot lacks the emotional capabilities to fulfill that hole in his heart[66].

The film Ex Machina questions common notions about consciousness. A sentient robot is created with a violent outcome, rebelling against her creators. Throughout the story, Ex Machina appeals to empathize with the robot as a victim of a man with a god complex. Responding to the protagonist’s uncertainty about her fate if she does not live up to her creator’s standards, the robot, Ava, responds “Why is it up to anyone?” about whether or not she lives. This questions the audience’s underlying belief about whether or not a robot is entitled to a free life like other conscious beings[67].

The film Lars and the Real Girl explores the idea of a romantic attachment to artificial human-like items. Ultimately, the film concludes with the protagonist “murdering” his sex doll lover in a river: emphasizing the projection of one’s idealized lover onto an inanimate object[68].

Conclusion

The purpose of this article is to show the dark side of the Judiciary. From the early 1960s the highest Court has worked quite discriminality and has been overly protective of all people participating in prostitution except for the victims. My overall conclusion after writing this paper is that the Supreme Court should lead the nation in taking action with sensitivity and concerned towards victims. It should protect the various rights of the trafficked women and girls, such as freedom of movement, the right not to be discriminated against or stigmatized, and the right to essential services. The Supreme Court should effectively direct the implementation of existing laws by upholding constitutional norms, and recommend changes if existing laws are inadequate. The poorest of the poor and the weakest of the weak must also get the justice that is their due. The court’s lack of urgency or seriousness and its hesitation to employ available laws to prevent massive exploitation through prostitution are both morally wrong and legally untenable.It may be said that the practice of prostitution is a hydra-headedserpent who has many facets and therefore, must be dealt with atvarious levels and from various angles,. It requires a radicalchange in the society. This would involve a comprehensivereview of the whole problem of social customs and moresregarding marriage, divorce, sex education as well as socioeconomic

Conditions, and also evolving a suitable andcomprehensive programme to valise the economic level and thesocio-moral and emotional level of the people. It is important torealize that “economic hardship is a form of psychologicalstress. And all mental stress of whatever kind is one of thecommonest precipitation factors in abnormal conduct” Hence,efforts should be made not only to alleviate every variety ofpsychological stress, but to provide compensatory children the

love, affection, proper knowledge of facts of life’ and sense ofsecurity and belongingness that is necessary for their normallife, we cannot expect them to lead normal life. This calls forreorganization of the entire problem of child care and child upbringing.

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[1] The Constitution of India-1947 Article -23, 24 III Fundamental Rights.

[2] Immoral Trafficking Prevention Act-1958

[3] “The Immoral Traffic (Prevention) Act, 1956”. wcd.nic.in. Archived from the originalon 2 May 2015. Retrieved 28 November 2015 

[4] “Section 7 in The Immoral Traffic (Prevention) Act, 1956”

[5]2008 Human Rights Reports: India”. U.S. Department of State. 25 February 2009. Retrieved 28 November 2015

[6]India court raises question of legalising prostitution”

[7]Sex Work Law – Countries”. Sexuality, Poverty and Law. Retrieved 31 March 2018.

[8] Source: United Nations Convention against Transnational Organised Crime 2001

[9] Source: United Nations Convention against Transnational Organised Crime 2001

[10] Source: I.L.O. report of 2010

[11] MANN ACT LEGAL JUN 25, 1910

[12]Maden G.R., Indian Social Problem, Volume1, 6thEdition Allied Publishers pvt, Limited New Delhi 210 (2002)

[13]Sorce: ILO Report of 2010

[14] Source: Data from NSSO

[15] Sharma R.N., Criminology and penology: social

disorganization and social problems, surjeet publications,

New Delhi, 101-105 (2008

[16] Sharma R.N., Criminology and penology: social

disorganization and social problems, surjeet publications,

New Delhi, 101-105 (2008

[17] Sharma R.N., Criminology and penology: social

disorganization and social problems, surjeet publications,

New Delhi, 101-105 (2008

[18] Kumar, Urban sociology, 7th ed, publisher lakshmi

Narayan Agarwal, Agra, 198-202 (2008)

[19] Kumar, Urban sociology, 7th ed, publisher lakshmi

Narayan Agarwal, Agra, 198-202 (2008)

[20]Vadackumchery, criminology penology, publisher, M/S kairali, Books International Trivandrum 124(1983)

[21] Flowers Ronald B (1998). The Prostitution of women and girls Mc Farland p.15

[22]Jump up^ Vlassenbroeck, Julien (18 May 2015). “Plus de 20 000 prostituéessoumises à l’exploitationenBelgique”. RTBF Info (in French). Retrieved 13 March 2018.

[23]Pem, Damchoe (29 July 2017). “400 to 500 possible sex workers in Bhutan – The Bhutanese”. The Bhutanese. Retrieved 10 February 2018.

[24]  Source: Data report of NCBI (2012)

[25] The Hindustan Editorial Report 2002

[26] The Hindustan Editorial Report 2002

[27] The Hindustan Editorial Report 2000

[28] Source: National Crime Records Bureaau Data

[29] See contemporary slavery, Supra note 14 at 497 IMDAR consulation with UN/IGOS  Trafficking and the Global Sex Industry at, 9 june 21-22, 1999 available at http://www. Imadr.org/project/petw.pdf.

[30] International Conventional civil and political rights art4. Dec16,1966,999. U.N.T.s. 171 [here in after ICCPR]. India acceded to this covenant on April 10,1979

[31] Universal Declaration of Human Rights art4 GA Res 217A, at 71 U.N. GAOR,3d sess, 1^stplen mtg, U.N.Doc. A/810 (Dec.12,1948) [herein after UDHR]

[32] ICCPR article 8

[33] The Constitution Of India Article 23 Part III Fundamental Rights

[34] The Constitution Of India Article 21 Part III Fundamental Rights

[35] The Constitution Of India Article 14,Part III Fundamental Rights

[36] The Constitution Of India Article 23,Part III Fundamental Rights

[37] The Indian Penal Code 1860, Section 370-A

[38] The Indian Penal Code 1860 Section372,373

[39] ITPA 1956 Section 1

[40] ITPA 1956 Section 2

[41] A.I.R. 1963 All 71, 1963, Cril. CJ 138

[42] The Constitution of India, 1947 Article : 16

[43] A.I.R. 1963 All 71, 1963 Bom. 17

[44] The Constitution of India 1950 Article: 14, article19 (1) (d), article19 (1) & article 21.

[45] A.I.R. 1997 8 S.C.C. 114

[46] See generally Gaurav Jain I v Union of India, (1997) 8 S.C.C. 114

[hereinafter Gaurav Jain I ].

[47]INDIA CONST. art. 145 § 5

[48]See generally Gaurav Jain I, (1997) 8 S.C.C. 114.

[49]Gaurav Jain II v Union of India and others, 1998, 4 S.C.C. 277.

[50] See generally Gaurav Jain I, (1997) 8 S.C.C. 114; see also INDIA CONST.

art. 142.

[51]INDIA CONST. art. 142, 145 §5.

[52] INDIA CONST. art. 145 §5.

[53]Supreme Court Rules, 1996, Part I, Order VII, Rules 1, 2

[54]Gaurav Jain I, 1997 8 S.C.C. at 114

[55]Gaurav Jain I, 1997 8 S.C.C. at 114

[56]Gaurav Jain I v. Union of India and others, (1997) 8 S.C.C.

[57]Gaurav Jain I v. Union of India and others, (1997) 8 S.C.C.

[58]See generally Gaurav Jain I, (1997) 8 S.C.C. 114

[59]Wadhwa Dissent, (1997) 8 S.C.C. 114.

[60]http://ken-foundation-awareness2.blogspot.com/p/stop-prostitution.html

[61]https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2287067/

[62]https://www.nij.gov/topics/crime/prostitution/pages/welcome.aspx

[63]Sex robots or sexbots are hypothetical anthropomorphic robot sex dolls.^[1] As of 2018, although elaborately instrumented sex dolls have been created by a number of inventors, no fully functioning^[vague] sex robots exist. There is controversy as to whether developing them would be morally justifiable

[64]Ferguson, Anthony. The Sex Doll: A History. McFarland, 2010. p 31. ISBN 978-0-7864-4794-7)

[65]Wiseman, Eva. “Sex, Love and Robots: Is This the End of Intimacy?” The Guardian, Guardian Media Group, 13 Dec. 2015, www.theguardian.com/technology/2015/dec/13/sex-love-and-robots-the-end-of-intimacy. DOA: February 25, 2018

[66]De Fren, Allison. “The Anatomical Gaze in Tomorrow’s Eve.” Science Fiction Studies, vol. 36, no. 2, 2009, pp. 235–265. JSTOR, JSTOR, www.jstor.org/stable/40649958

[67]Garland, Alex, director. Ex Machina. Universal Studios, 2015. DOA February 27, 2018

[68]Wiseman, Eva. “Sex, Love and Robots: Is This the End of Intimacy?” The Guardian, Guardian Media Group, 13 Dec. 2015, www.theguardian.com/technology/2015/dec/13/sex-love-and-robots-the-end-of-intimacy. DOA: February 25, 2018