Brothel visitors must also be punished: Hyderabad High Court

Hyderabad: Inspired by famous Telugu writers Gurajada Appa Rao and Sri Sri, Justice U. Durga Prasad Rao of the Hyderabad High Court on Tuesday appealed to the Legislature to ponder the possibility of bringing men visiting brothels within the ambit of the Immoral Traffic (Prevention) Act, 1956.

The judge was allowing a petition by a customer seeking to quash a case registered by the Banjara Hills Police of the city under the Act. After perusing the Act, the judge found that Section 3 of the Act deals with punishment for keeping a brothel or allowing premises to be used as a brothel and Section 4 deals with punishment for living on the earnings of prostitution and Section 5 deals with procuring, inducing persons for the sake of prostitution.

High Court said single hands can’t clap

Justice U. Durga Prasad Rao of the Hyderabad High Court on Tuesday pointed out that none of the Sections or other provisions of the Immoral Traffic (Prevention) Act, 1956 described a customer as an offender.

While declaring that criminal proceedings against a petitioner who was a customer, would amount to abuse of process of law, the judge observed: “Before parting, I will be failing in my duty if I do not vent my view on the present enactment. Law or literature cannot have a more noble aim than depicting evil of society and suggesting eradicative measures.”

The judge felt that this was the reason why Telugu playwright Gurajada Appa Rao had penned Kanyasulkam, exposing the obnoxious practice of parents marrying their infant daughters to septuagenarians and octogenarians for money.

Quoting the ballad Kavitha o Kavitha, which advocates various sections of destitute in society, including prostitutes in Maha Prasthanam, written by noted writer Srirangam Srinivasarao (Sri Sri), the judge said, “Viewing in the context, no doubt the Act, 1956 is a piece of legislation aimed at preventing trafficking of women.”

The judge added, “The point is whether the said noble aim can be achieved by merely making organisers of brothel houses and pimps as offenders while letting the customers of flesh trade go scot-free. As the saying goes, ‘single hands can’t clap’, the vicious circle of immoral trafficking will not be completed without active participation of the flesh customers.“

“In my considered view, it is unwise to say that a customer who lurks day and night in search of hidden avenues to quench his sexual lust is a hapless victim of a crime to place him out of the reach of the law which is intended to eradicate the pernicious practice of immoral trafficking of women.”

While appealing through this judgment to the Legislature, the judge directed the Registry to transmit a copy of the judgement to the Union law minister for perusal.