In a significant ruling, the Kerala High Court has held that people who pay for sex in brothels can be prosecuted under the Immoral Traffic (Prevention) Act (ITP Act).
Justice VG Arun observed that such individuals cannot be considered “mere customers,” noting that payment amounts to inducement compelling the sex worker to act.
The judgment came in a case involving a man caught during a 2021 police raid in Thiruvananthapuram. The court dropped charges under Sections 3, 4, and 7 of the ITP Act — which deal with running a brothel, living off prostitution earnings, and prostitution in notified areas — but upheld charges under Section 5(1)(d) for “procuring, inducing or taking a person for prostitution.”
Legal experts say the ruling could have far-reaching implications, as it allows police to charge clients of sex workers found in brothels, not just brothel owners or pimps.
