When Shwetha Basu Prasad was arrested in the alleged prostitution case, many people complained as to why a case was not filed against the businessman supposedly with her and why his identity was not revealed.
The sad truth is that there is no provision in the law to punish the customers of ‘flesh trade’. The case is history now, but a fresh observation by a High Court judge could well have the potential of bringing in new legislation in this regard.
The High Court judge was forced to quash a case against a wealthy Banjara Hills businessman who was caught with a prostitute.
The judge found that section 3 of the Act ( Immoral Traffic Prevention Act 1956) deals with punishment for allowing one's premises to be used as brothel, section 4 with punishment for living on the earnings of prostitution and section 5 with procuring, inducing or taking per sons for prostitution. However, none of these sections describe a customer as offender, he said.
“I will be failing in my duty if I do not vent out my view on the present enactment. Law or literature cannot have more noble an aim than depicting evil of society and suggesting eradicative measures“, the judge said.
He opined that the Act, though aimed at preventing trafficking of women, shows unnecessary sympathy on customers Unwarranted sympathy on a criminal will not help achieve desired results, the judge said and added, “Through this judgment, I appeal to the legislature to ponder over the possibility of bringing flesh customers within the fold of the Act.“
The judge directed the registry to transmit a copy of the judgment to the Union law minister for perusal.
