Advocate A M Iktear Uddin (Advocate Anik), a renowned lawyer and Special Public Prosecutor, partners at Prime Legal with Advocate Ayantika Mondal, with experience in human rights and gender justice litigation for 16+ years. They have actively participated in numerous public interest litigations concerning women’s safety, sex workers’ rights, and gender equality. Their work focuses on strengthening access to justice and promoting policy reforms for vulnerable sections of society.
Q1: Advocate Anik: What is prostitution in India?
Prostitution in India refers to the exchange of sexual services for money. While the act of consensual adult prostitution itself is not illegal, activities such as soliciting in public, running brothels, pimping, or trafficking are punishable under the Immoral Traffic (Prevention) Act, 1956. The law allows sex work to be practiced privately but prohibits exploitation and public solicitation.
Q2: Advocate Anik: Is searching for prostitution near me on Google an offense?
No, searching online for prostitution-related terms is not an offense. However, taking illegal actions like soliciting or organizing prostitution based on such information may lead to legal consequences.
Q3: Advocate Anik: Is hiring a prostitute an offense?
Hiring a prostitute in private between consenting adults is not an offense under Indian law. But hiring a prostitute for public solicitation, involving minors, or in exploitative situations is illegal and punishable.
Q4: Advocate Anik: Could you elaborate on judicial review surrounding prostitution in India or the safety of sex workers?
There are numerous judgments passed by the Hon’ble Supreme Court of India repeatedly affirming that sex workers are citizens and must receive the same fundamental rights under Articles 14, 19, and 21 of the Constitution of India. The courts have protected them from harassment, illegal detention, and stigmatization, clarifying that being a sex worker itself is not a crime, provided there is no trafficking or exploitation involved. Important steps ordered include establishing safe areas and welfare schemes for sex workers and their children.
Q5: Advocate Anik: What is the legal status of visiting a brothel in India—whether prostitution is conducted in temporary venues like hotels or rented flats, versus permanent establishments?
Visiting a brothel in India is illegal, regardless of whether the venue is permanent or temporary, such as a hotel room or rented flat. The Immoral Traffic (Prevention) Act, 1956 (ITPA) criminalizes keeping, managing, or using premises as brothels for commercial sex. While prostitution itself is not illegal if practiced voluntarily and privately, activities related to brothel operation and solicitation, including visiting such places, are punishable offenses under the law. The law does not differentiate between permanent establishments and temporary venues used for prostitution.
Q5: Advocate Anik Can a Spa or Massage Centre Be Considered a Brothel?
No, a genuine spa or massage centre, run strictly for massage therapy or wellness, is not considered a brothel under Indian law. A brothel is specifically defined as a place used for the purpose of sexual exploitation or abuse for commercial gain (as per the Immoral Traffic (Prevention) Act, 1956). If a spa or massage parlour is actually providing sexual services, then, for legal purposes, it could be considered a brothel and subject to the penalties under the
Q6: Advocate Anik : What are the guidelines provided to the law enforcement agencies?
Police are instructed:
Not to raid brothels and to arrest workers without justification.
Not to admit as evidence of prostitution possession of condoms.
The need to approach the sex workers as victims but not offenders of violence.
The Supreme Court also ordered the establishment of a panel to oversee compliance and sensitize the police officers on such issues.
Q7: Advocate Anik: When is prostitution considered a crime?
Prostitution itself is not universally illegal in India, but related acts can be criminal. It becomes a crime in cases such as: engaging in public sex in a way that constitutes public nuisance or indecent exposure; involvement of a minor in any sexual service; coercion, trafficking, or forced prostitution; procuring or pimping, and running a brothel; exploitation or living off the earnings of prostitution; and any activity that facilitates trafficking or exploitation. Laws like the Indian Penal Code provisions on kidnapping, rape, and aggravated sexual offenses, plus the Immoral Traffic (Prevention) Act, apply. Always avoid coercion, exploitation, or services involving minors.
Q6: Advocate Anik : What legal risks and rights does a client face when visiting a brothel in India?
Visiting a brothel in India poses legal risks for clients. While prostitution itself is not illegal, activities like soliciting or managing brothels are criminalized under the Immoral Traffic (Prevention) Act, 1956. Clients may face prosecution if the brothel is raided or if they engage in prostitution near public places, potentially leading to imprisonment of up to three months. If the sex worker is underage, penalties can be severe, ranging from seven to ten years in prison. Clients have the right to legal representation if charged, but engaging in such activities can lead to serious legal consequences.
Advocate Anik, you being the best criminal lawyer in Bangalore, what is your suggestions
Advocate Anik recommends protecting sex workers’ dignity and rights by enforcing Supreme Court guidelines that prohibit harassment, illegal raids, and unjust arrests. Police must treat sex workers as victims, not offenders, ensuring safety and welfare. Clients should avoid brothels to prevent legal consequences. Legal clarity and awareness must be enhanced to safeguard consensual adult sex work while combating exploitation and trafficking.
The post Advocate Anik Iktear Uddin: Understanding Legal Protections for Prostitutes/Sex Workers and Clients in India: Supreme Court Guidelines Explained appeared first on Borok Times.