ABSTRACT
Child prostitution is a major concern in India where this issue has not been hidden in the public domain nevertheless is being silently ignored. Thousands of children are being forced to become part of this illegal practice. These children are either sold to such trade or are born to sex workers and in both cases, they live a life of indignity and are brutally socially condemned. A child has the right to equality, the right to life, the right to education, the right to life, and the right against any form of exploitation. However, the rights of these innocents are nabbed from them and have to live in the worst and unimaginable conditions without access to proper educational and health facilities. No one gives attention to their plight and rather deems them as sinners. There is an urgent need for strict laws and regulations against child prostitution to protect children from sexual abuse. The main focus should be on identifying and destroying the networks of mafias and pimps and also, on establishing protection homes where the rescued children could be given proper care as necessary.
This paper aims to explain the condition of child prostitutes and children in brothels. It focuses on how they are distanced from availing the basic human rights. The paper further explores the legislative framework in India to protect children and discusses some suggestive measures.
Keywords: Child prostitution, Indignity, Rights, Sexual abuse, Brothels
INTRODUCTION
India is home to around 472 million children under 18 years of age, representing 39% of the country’s population according to a report by Humanium. Such a significant portion indicates the untapped and undiscovered potential of the country in the future for holistic development. Yet, these harbingers of prosperity are lost in the darkness of disparity and sorrow. Children in India are facing dire hardships and obstacles to even enjoying basic human rights and are subject to various forms of exploitation such as abduction, trafficking, forced labor, begging, etc. The rights of children given by the Indian Constitution seem to be misnomers and only satisfy the sociological manifestations of the citizens as the ground reality largely differs.
Through the years, India has witnessed a large number of cases of child prostitution which is considered to be one of the worst and heinous forms of child abuse. “A report by the Union Ministry of Women and Child Development has come out with a report ‘Commercial sexual exploitation in India’, according to which there are over three million sex workers in India, out of which 35.47% enter into prostitution before they enter 18 years.” “The other facts in the report include an alarming rate at which minors are being forced into the flesh trade. According to a survey, about 1.2 million children are involved in such trade. The report also revealed that there was a 50% increase in prostitution in India between 1997 and 2004.”
RESEARCH METHODOLOGY
The paper is descriptive and the research is based on both primary and secondary sources for deep analysis on child prostitution and the rights of children in brothels. Various legislations are used as primary sources and websites, blogs, newspaper articles, journal articles, and research papers are used as secondary sources of research.
CHILD PROSTITUTION
To understand child prostitution, we need to look at what prostitution means. In the usual course, prostitution is defined as the unlawful business of indulging in a sexual act in exchange for money or kind.
“Section 2(f) of the Immoral Trafficking (Prevention) Act, 1986 defines prostitution as the sexual exploitation or abuse of persons for commercial purpose and the expression “prostitute” shall be construed accordingly.”
“Section 2(aa) of the Act defines a child as a person who has not completed 16 years of age.”
The United Nations Convention on the Rights of the Child views child prostitution as the commercial exploitation of children under the age of 18 years for prostitution. This means that child prostitution is a form of exploitation by sexually abusing the child for commercial purposes by offering them bait of access to basic amenities such as food, shelter, or money to fulfill their needs. The children involved in such an illegal business are trafficked from either one state to another or from one country to another. 90% of the children are trafficked from West Bengal and Bangladesh to different areas in India as well as trafficked and sold to the Middle East and African Countries. They are forced to perform sexual activities in hotels, brothels, bars, clubs, etc. A larger percentage of children are admitted to brothels where they are groomed to attract men to perform sex with them for some money in consideration. In some places, child prostitution is shadowed under the disguise of legitimate businesses, for example, massage parlors, beauty parlors, and entertainment agencies where the children are brutally exploited and tricked into giving their consent.
Various factors contribute to such practices. Poverty is the primary reason for child prostitution as the need to fulfill basic needs becomes the compelling factor for the parents to sell their children or abandon them on the streets to meet their ends. Whenever there is a natural calamity or disaster, the trafficking of children increases multifold and makes them vulnerable to such abuse. The remuneration they get through prostitution seems like a much more lucrative and accessible option to them. Additionally, rape is considered to be a social stigma where the victim is shunned and is seen with undignified eyes by society, therefore, rape victims enter into the process of prostitution. Their family members abandon them due to the fear of shame and backlash from society. Transgenders also become part of such a system due to the disrespect and hostility they face from other people.
The children of women sex workers are left with no choice other than to grow up alongside their mother’s daily trade. The women in prostitution have only one space to live and work where they struggle to protect their children to not get swallowed up by such an utterly mortifying business. Due to a lack of facilities to protect their children, they become the victims of the situation.
History of prostitution in India
Prostitution is one of the oldest professions that is known to exist in India. Since ancient India, we had the concept of sex workers and various references can be found in our scriptures and literature. There were ‘Devadasis’ who were employed in the temple to serve the deity but were the prey of sexual exploitation by the nobility and high castes. During the Mughal period, the tradition of keeping courtesans, also known as tawaif, was observed who were kept to entertain the court and sometimes were compelled to indulge in sexual activities too.
“Prostitution became more prominent during the British Raj, influenced by the presence of European soldiers and merchants. Typically, those engaged in prostitution hailed from lower castes or indigenous communities. Economic necessity or allurements of wealth and status often coerced women into this profession. Remarkably, the British colonial administration made minimal efforts to regulate prostitution, allowing it to proliferate during the 19th and early 20th centuries.”
“Despite being illegal under Indian law, prostitution continues to thrive in independent India, with an estimated three million sex workers. Many enter this profession due to poverty or coercion, perpetuating its existence. The issue remains contentious, with diverse perspectives on its resolution. Some advocate for decriminalization, while others call for stricter enforcement of existing laws. Regardless, it is evident that prostitution is an enduring reality in India.”
Condition of children in Brothels
“Section 2(a) of Immoral Trafficking (Prevention) Act, 1956 defines a brothel as any house, room, or place or any portion of any house, room, or place, which is used for purposes [of sexual exploitation or abuse] for the gain of another person or for the mutual gain of two or more prostitutes.”
Brothels are usually equated with the red-light areas. “The sex trade has historically been localized in neighbourhoods that have come to be known as red-light areas (RLAs). The term ‘red-light area’ reportedly has its origins in a practice made popular by American railroad workers, who would leave their red lanterns outside the doors of sex workers, to signal their location should a railway emergency arise. Over time, the term would signify any neighbourhood that had brothels providing commercial sex.”
There are two categories of children who reside in the brothels. The first category is those children who are born to sex workers in brothels and the other category who are trafficked and sold in the brothels for prostitution due to their abduction or are tricked by the pimps to enter into such profession. The children of the sex workers are most likely to get trapped in inter-generational trafficking where they are groomed well by the pimps to be sold to the allied trades. Girls between the age of 12-15 years are the vulnerable targets of the abductors and local pimps through a dense decentralized system.
In the dark dingy alleys of the brothels, pain and injustice are rampant, and the children of the sex workers and the children who are trafficked into prostitution are worst affected by such a system from where they find no light to escape from the darkness of indignity. A child’s family and community are considered the most crucial growth parameters. However, the experiences of family dynamics, surroundings, and the children’s education in brothels are far from an optimal standard for a child. The children feel scared to even accept and share their identity. They start to experience social discrimination from society from a very young age as being born to a sex-worker is considered to be their greatest sin. The people glance at them with disrespect and disgust due to which they feel socially boycotted. Gradually, they start to drop their schools because they are scared to be ridiculed by their peers and therefore, they do not disclose much about themselves and their parent’s profession and this shame becomes an obstacle in their pursuit of education.
“A 2018 study conducted by the National Commission for Protection of Child Rights (NCPCR), which works under the aegis of India’s Ministry of Women and Child Development, found that children of sex workers in brothels are abused and discriminated against at school by other students. The report stated that such children are often bullied and isolated because of a prevailing fear that the children could join the profession of their parents.” “The children shared that teachers who knew about their background would often discriminate against them, too, and in some cases blackmail them, believing that the children’s mothers earn a lot at their jobs.”
The children in the trade of prostitution need to be rescued and protected from the brothels. These children are immensely affected by the development of severe mental illness and psychological disorders. They lack self-confidence and self-esteem due to the exploitation and abuse they go through in their surroundings. In the majority of cases, they accept their fate and believe that tolerating sexual exploitation is the way of their lives.
Rights of Children in Brothel
The United Nations Convention on the Rights of the Child is an international agreement on childhood adopted in 1989 by world leaders to commit themselves to protecting the child’s rights. 196 nations have ratified this to transform the lives of children worldwide.
“The guiding principles of the Convention are: non-discrimination; the best interests of the child as a primary consideration in all actions concerning children; the child’s inherent right to life, and State Parties’ obligation to ensure to the maximum extent possible the survival and development of the child; and the child’s right to express his or her views freely in all matters affecting the child, with those views being given due weight.” “The Convention provides a universal set of standards to be adhered to by all countries. It reflects a new vision of the child. Children are neither the property of their parents nor are they helpless objects of charity. They are human beings and are the subject of their own rights. The Convention offers a vision of the child as an individual and a member of a family and a community, with rights and responsibilities appropriate to his or her age and stage of development. Recognizing children’s rights in this way firmly sets a focus on the whole child.”
In India, every child is entitled to enjoy basic rights as guaranteed by the Constitution of India. It advocates for the child the Right to Equality (Article 14), the Right against Discrimination (Article 15), the Right to Freedom of Expression (Article 19(1)(a)), the Right to Life (Article 21), the Right to Health (Article 21), the Right to Education (Article 21A), the Right to be protected from Trafficking and Forced Labor (Article 23), the Right to be protected from Hazardous Employment (Article 24), the Right to be protected against Abuse (Article 39(e)), the Right to Equal Opportunities & Facilities (Article 39(f)), the Right against Social Justice and all forms of Exploitation (Article 46).
LEGISLATIVE FRAMEWORK
- Indian Penal Code
Indian Penal Code, of 1860 is a substantive law enacted to maintain peace and order in the nation. The person who contravenes the provisions of this act would be liable to punishment. IPC plays an important role in handling the cases of child prostitution.
- “Section 366A. Procuration of minor girl.—Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.”
- “Section 366B. Importation of girl from foreign country.—Whoever imports into [India] from any country outside India [or from the State of Jammu and Kashmir] any girl under the age of twenty-one years with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.”
- “Section 372 and 373- This section deals with the punishment for selling and buying a minor for prostitution where the person who sells a minor or employs for prostitution or illicit intercourse for an immoral purpose would be imprisoned for a term that can be extended to ten years and shall also pay fine.”
- Bharatiya Nagarik Suraksha Sanhita
The Bharatiya Nagarik Suraksha Sanhita, of 2023 lays down Section 101 to protect females from sexual exploitation. “It states that a District Magistrate or any presiding judge shall order to immediately restore the dignity and liberty of a woman or a female child, abducted and/or detained for unlawful purposes, to her husband or parent or guardian or any other person having the lawful charge of the female child. It aims to provide relief to the victims of exploitation and abuse.”
- Juvenile Justice (Care And Protection Of Children) Act
The Juvenile Justice (Care And Protection Of Children) Act, of 2015, was consolidated to take care of and protect children who are in need by providing them the basic facilities and necessities. Care is a fundamental necessity for children born in brothels due to their upbringing in an abusive environment and their harsh personal experiences.
“It caters to their basic needs through proper care, protection, development, treatment, and social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established, herein under and for matters connected therewith or incidental thereto.”
The purpose of the act is to provide proper care, protection, development, rehabilitation, and social integration with collectivization.
“Under Section 30 of the Act, children should be provided shelter, a place for safety far from the hostile environment they should live in observation. Under Section 31, abandoned children should be handed over to public servants, Child Welfare Police Officers, or social workers. Section 35 speaks about, a prostitute can give her child to the welfare committee board for his care and protection if she is in the middle of social stigma. Section 39 imposes certain rules to rehabilitate those children under the guidance of the welfare committee.”
- Immoral Traffic (Prevention) Act
“The Immoral Traffic (Prevention) Act, 1986, originally the Suppression of Immoral Traffic in Women and Girls (SITA), 1956, is the Central legislation dealing with trafficking in India. However, even though the name refers to the immoral trafficking of persons, the ITPA’s scope is limited to commercial sexual exploitation or prostitution and penalizes those who facilitate and abet commercial sexual exploitation, including clients and those who live off the earnings of prostitutes. It also provides for welfare measures towards the rehabilitation of victims in the form of protective homes to be set up and managed by state governments. Unfortunately, even as a law dealing with sexual exploitation, it leaves a lot to be desired.”
SUGGESTIONS
Despite the numerous legislations created by the government in harmony with the constitutional principles and international conventions, it is difficult to fathom the real situation in the country. There needs to be strict vigilance on the network of people involved in prostitution where the statutory agencies should identify and raid various locations. The rehabilitation centers need to be created to protect the abused child. For the children born in brothels, night care centers and protective homes should be established to take care of children where they shall be provided education and access to healthcare facilities. Education should be given priority so that the children can live a dignified life in the future and help their mothers to escape the loop. Not only these but the mothers and children should be enrolled in various governmental schemes and incentives to avail the benefits to improve their lifestyles.
“Further, on the recommendation of the Justice Verma Report, the Government of India adopted anti-trafficking provisions in the Indian Penal Code (IPC) through the Criminal Law (Amendment) Act of 2013, to conform to the internationally recognized definition of the crime of trafficking as outlined in the Palermo Protocol. However, India’s other anti-trafficking legislation, which includes more comprehensive anti-trafficking laws, the Immoral Traffic (Prevention) Act (ITPA) of 1956, has not been changed in nearly thirty years. Therefore, NGOs like ‘Equality Now’ and ‘Apne Aap’ are calling on the government to amend the ITPA by including specific provisions that will improve anti-trafficking efforts, protect children and survivors, and address other shortcomings that still remain in the law dealing with the issue. Amending the ITPA will put India in line with its international legal obligations under the Protocol.”
Conclusion
Child prostitution is a complex socio-legal matter that involves several aspects of our social markers and legislative framework that aim to curb such a crime. Though prostitution is legalized in India, maintaining brothels and child prostitution are illegal. Every year hundreds of young children, especially girls are abducted and forced into prostitution. Even the children of sex workers in brothels are left with no choice other than to follow their mother’s profession. Without access to education, some of them get involved in illegal acts such as smuggling drugs or theft. Even if they escape from such disgust, they feel traumatized by their life experiences and they start to develop psychological issues. The IPC, BNS, Juvenile Justice Act, and Immoral Trafficking Act are not able to do much to curb this issue. The cases are increasing at an alarming rate. The current laws need to be amended on the recommendation of the Law Commission along with strict administration and punishments. There is a need for strong advocacy for the rights of children employed in prostitution and brothels to effectively control crime and protect children from all forms of exploitation.
NAME: YAGYANIKA NEGI
COLLEGE: VIVEKANANDA INSTITUTE OF PROFESSIONAL STUDIES, GGSIPU