A ‘buyer’ in a brothel might be proceeded towards criminally underneath the Immoral Traffic Act: HC 

Express News Service

KOCHI: The Kerala High Court has noticed {that a} ‘buyer’ in a brothel might be proceeded towards criminally underneath the provisions of part 7 of the Immoral Traffic (Prevention) Act. Justice Bechu Kurian Thomas issued the order on the petition filed by a local of Ernakulam, the third accused within the case looking for to quash the case.

The prosecution alleged that the primary accused had taken a constructing located 175 metres away from the Ravipuram Temple at Ernakulam, to conduct an Ayurvedic Hospital and underneath the duvet of the ayurvedic hospital permitted the conduct of prostitution by appointing the second accused because the supervisor and accused 4 and 5 for carrying on the prostitution.

The police officer in command of investigating the case had discovered that the third accused engaged in a sexual act with accused 4 and 5 after paying Rs.500.

The petitioner argued that he had approached the Ayurvedic Hospital for remedy of his again ache and the physician on responsibility had prescribed oil therapeutic massage for a interval of thirty days. According to the petitioner, whereas he was present process remedy, the law enforcement officials got here to the hospital and arrested him and accused 4 and 5, who have been the nurses employed on the hospital.

According to the counsel, for the reason that petitioner’s alleged conduct as a ‘buyer’ is said to be offensive, within the absence of the statute together with a ‘buyer’ inside the scope of the Act, he can’t be roped in as an accused.

The courtroom mentioned that the time period prostitution is outlined because the sexual exploitation or abuse of individuals for business functions. Sexual exploitation can’t be executed singularly. The individual engaged within the act of exploitation can also be an individual who falls inside the time period ‘individuals with whom such prostitution is carried on.’ 

In different phrases, the one that exploits or abuses the prostitute is the individual with whom the prostitute carries on prostitution. Thus the act of immoral visitors can’t be perpetrated or carried on with out a ‘buyer’.

KOCHI: The Kerala High Court has noticed {that a} ‘buyer’ in a brothel might be proceeded towards criminally underneath the provisions of part 7 of the Immoral Traffic (Prevention) Act. Justice Bechu Kurian Thomas issued the order on the petition filed by a local of Ernakulam, the third accused within the case looking for to quash the case.

The prosecution alleged that the primary accused had taken a constructing located 175 metres away from the Ravipuram Temple at Ernakulam, to conduct an Ayurvedic Hospital and underneath the duvet of the ayurvedic hospital permitted the conduct of prostitution by appointing the second accused because the supervisor and accused 4 and 5 for carrying on the prostitution.

The police officer in command of investigating the case had discovered that the third accused engaged in a sexual act with accused 4 and 5 after paying Rs.500.

The petitioner argued that he had approached the Ayurvedic Hospital for remedy of his again ache and the physician on responsibility had prescribed oil therapeutic massage for a interval of thirty days. According to the petitioner, whereas he was present process remedy, the law enforcement officials got here to the hospital and arrested him and accused 4 and 5, who have been the nurses employed on the hospital.

According to the counsel, for the reason that petitioner’s alleged conduct as a ‘buyer’ is said to be offensive, within the absence of the statute together with a ‘buyer’ inside the scope of the Act, he can’t be roped in as an accused.

The courtroom mentioned that the time period prostitution is outlined because the sexual exploitation or abuse of individuals for business functions. Sexual exploitation can’t be executed singularly. The individual engaged within the act of exploitation can also be an individual who falls inside the time period ‘individuals with whom such prostitution is carried on.’ 

In different phrases, the one that exploits or abuses the prostitute is the individual with whom the prostitute carries on prostitution. Thus the act of immoral visitors can’t be perpetrated or carried on with out a ‘buyer’.