In a landmark ruling, the Kerala High Court held that a person availing the services of a sex worker in a brothel can be prosecuted under the Immoral Traffic (Prevention) Act, 1956. Justice V.G. Arun, while hearing a petition by a man caught in a police raid in 2021, stated that payment for sex in a brothel constitutes inducement to prostitution and cannot be seen as a normal customer transaction, since a sex worker is not a “product.” The court quashed charges under Sections 3 and 4 but allowed prosecution under Sections 5(1)(d) and 7. The judge clarified that labeling buyers as “customers” undermines the Act’s aim to curb trafficking, stressing that it is meant to protect individuals compelled into prostitution while penalising those who exploit the system through inducement. ‘You Too Committed Offence By Having Sex Outside Marriage’: Supreme Court Warns Married Woman Over Affair, Upholds Lover’s Bail.

Kerala HC: Paying for Sex in Brothel Is Inducing Prostitution, Not Customer Transaction

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