India Moves to Decriminalise 'Victim' Prostitutes

India plans to decriminalise prostitution by treating sex workers as victims and not offenders, and instead going after traffickers, pimps, brothel owners and clients, a government official said on Friday.

Hundreds of thousands of women and girls in India are kidnapped, sold, coerced or trafficked for sex in a highly organised yet illicit trade, with many brought in from neighbouring countries.

Yet activists have long said the sex workers, who are mostly forced into the trade, are treated as criminals by the law which should instead focus on punishing those behind the trade.

Officials said new amendments to the Immoral Traffic (Prevention) Act, 1956 -- which would no longer penalise sex workers -- are expected to go before the cabinet in the coming days. The proposal would then go before parliament.

"We are hoping that the amendments would be passed in this session of parliament," said Nandita Mishra, an official from the ministry of women and child development.

Proposals include deleting sections in the more than 50-year-old law relating to seducing or soliciting for the purpose of prostitution being punishable with a maximum jail term of six months and a fine of 500 rupees ($10).

Prostitutes would also no longer be forced to vacate the property they reside in.

STIFFER PENALTIES

The International Labour Organisation says 2.45 million people worldwide are exploited and treated like slaves every year, and another 1.2 million are trafficked.

According to some estimates, the global trade in human trafficking -- where women and children are often trapped in slave-like situations unable to free themselves from their pimps and brothel owners -- generates around $32 billion annually.

That makes it the world's third most lucrative illicit business after arms and drugs, according to the United Nations.

Officials said the new changes included stiffer penalties for those involved in the trade, such as a maximum penalty of life imprisonment for those guilty of trafficking children.

Those owning, managing or assisting a brothel would also have minimum jail terms raised to two years from one year and fines to at least 10,000 rupees ($245) from 2,000 rupees ($50).

Activists said for the first time men frequenting brothels could be punished under the new proposals. Paying for sex with a prostitute is not an offence unless she is under 18 years old.

"The proposed law is good progress as at last, women will not be punished for being exploited," said Ranjana Kumari, director of the Centre for Social Research, a New Delhi-based think-tank promoting women's development.

"The government is now seeing that these girls are the victims and are going after the real criminals and those who fuel the demand in the sex trade."
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