The Kerala High Court has ruled that individuals seeking sexual services in brothels can be prosecuted under the Immoral Traffic (Prevention) Act, 1956 (ITP Act), emphasizing that paying for such services constitutes inducing prostitution.

Justice VG Arun, who presided over the case, observed that sex workers should not be treated as commodities and that clients seeking their services are not simply “customers” but active participants in exploitation. He clarified, “A person utilising the service of a sex worker at a brothel cannot be termed a customer. Payment made is only an inducement compelling the sex worker to act against their will, often under trafficking and coercion.”

This ruling stemmed from a 2021 police raid at a brothel in Peroorkada, Thiruvananthapuram. During the raid, two men were found with women in separate rooms. Investigations revealed that the brothel was being run by two individuals who procured women for prostitution and collected payments.

The brothel operators were charged under Sections 3 and 4 of the ITP Act (running a brothel and living off the earnings of prostitution). The petitioner, who had paid for sexual services, was charged under Section 5(1)(d) (inducing a person into prostitution) and Section 7 (prostitution in or near public places).

The petitioner argued that he was merely a customer and should not be held accountable for the brothel’s activities. However, the court ruled that, in this case, the petitioner’s actions amounted to inducement, as availing such services contributes to the cycle of exploitation. The court stressed that labelling the client as a “customer” would undermine the very purpose of the ITP Act, which aims to combat human trafficking and protect individuals coerced into prostitution.

As a result, the court quashed the charges against the petitioner under Sections 3 and 4, but upheld the prosecution under Sections 5(1)(d) and 7 of the ITP Act.

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