Citing that Nordic countries like Sweden and Norway recognise prostitution as a form of violence against women and criminalise the purchase of sex, the women and child development ministry has opined that “it is necessary to impose heavy penalty on customers/clients so that it economically and socially hurt to buy sex”, reads the proposed amendments.
Significantly, the ministry has also proposed enhanced punishment and fine in the event of second and subsequent conviction. The ministry has also proposed that sexual exploitation of persons for gaining favours in business dealings be also brought into the ambit of the Act so as to remove ambiguity in the definition of prostitution.
The proposed Act also cites imprisonment and fine for those carrying prostitution in or in the vicinity of public place. A minimum of six months imprisonment has also been proposed for a person who molests any person or loiters or acts in such manners as to cause obstruction or annoyance to persons residing nearby.
During incidents when it is proved that a brothel is used for the mutual gain of two or more prostitutes, the ministry has proposed that instead of sentencing such prostitutes to imprisonment the prostitutes should be released for undergoing rehabilitation in a protective and rehabilitation home set-up. “The new provision will safeguard the victims of trafficking as it is felt that they are in need for protection and rehabilitation.”
The ministry has also proposed enhanced penalty for those managing a brothel or allowing premises to be used as a brothel. In these cases, the ministry has proposed imprisonment of 3-5 years and fine of `50,000.