Kochi: In a landmark judgment, the Kerala High Court has ruled that individuals who avail sexual services in brothels can be prosecuted under the Immoral Traffic (Prevention) Act, 1956 (ITP Act). The Court held that payment for such services amounts to inducing prostitution, making clients active participants in exploitation rather than mere customers.
Delivering the verdict, Justice VG Arun observed that sex workers cannot be treated as commodities and emphasised that those seeking their services are complicit in perpetuating trafficking and coercion.
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“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,” the Court stated.
The ruling was delivered in connection with a case stemming from a 2021 police raid at Peroorkada in Thiruvananthapuram, where clients were booked under the ITP Act.
Legal experts say the decision significantly broadens the scope of liability under the Act, shifting accountability not just on traffickers and brothel keepers, but also on those who fuel the system by paying for sex.
