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(2-A) For the purposes of sub-section (2), it shall be presumed, until the contrary is proved, that any person referred to in clause (a) or clause (b) of that subsection, is knowingly allowing the premises or any part thereof to be used as a brothel or, as the case may be, has knowledge that the premises or any part thereof are being used as a brothel, if, –
(a) A report is published in a newspaper having circulation in the area in which such person resides to the effect that the premises or any part thereof have been found to be used for prostitution as a result of a search made under this Act; or.
(b) A copy of the list of all things found during the search referred to in clause (a) is given to such person.
Section5. Procuring, inducing or taking person for the sake of prostitution.
(1) Any person who-
(a) Procures or attempts to procure a person whether with or without his/her consent, for the purpose of prostitution; or.
(b) Induces a person to go from any place, with the intent that he/she may for the purpose of prostitution become the inmate of, or frequent, a brothel; or.
(c) Takes or attempts to take a person or causes a person to be taken, from one place to another with a view to his/her carrying on, or being brought up to carry on prostitution; or.
(d) Causes or induces a person to carry on prostitution; shall be punishable on conviction with rigorous imprisonment for a term of not less than three years and not more than seven years and also with fine which may extend to two thousand rupees, and if any offence under this sub-section is committed against the will of any person, the punishment of imprisonment for a term of seven years shall extend to imprisonment for a term of fourteen years:
Provided that if the person in respect of whom an offence committed under this sub-section, –
(i) Is a child, the punishment provided under this sub-section shall extend to rigorous imprisonment for a term of not less than seven years but may extend to life; and.
(ii) Is a minor; the punishment provided under this sub-section shall extend to rigorous imprisonment for a term of not less than seven years and not more than fourteen years.
So it can be seen that both the sections namely section 3 and section 5 punishes only the acts of the 3rd party and same does the other sections in the Act and so new legislation shall be passed as to punish the client who are visiting the prostitutes.
The prostitution leads to many health problems for the prostitutes like:
· Traumatic brain injury.
In a country like India where most of the people indulge themselves in unprotected sex with prostitutes it is very difficult to eradicate the problem of aids. Historically, the AIDS epidemic in India was first identified amongst sex workers and their clients, before other sections of society became affected. The sex workers are themselves taking steps to combat with aids in some brothels in India for example sonagachi a brothel in Kolkata; where the sex workers are insisting their clients for use of condoms in order to avoid aids. But in all the other brothels in India social workers and NGO`S are trying to acquaint the sex workers about the ill effects of AIDS and are insisting them for using condoms.
Meena was married off at 12. Soon after she was taken to Delhi by her husband, where she found out that he was a pimp. In the last three years, she has serviced up to six clients a night. The major part of her earnings goes to pay rent on the little room; the rest goes to her husband. Maya, 10, was taken to Gorakhpur in Uttar Pradesh by her aunt who was paid Rs 3 000. When she refused to have sex with a client, she was locked in a room for two days, scared with snakes and beaten unconscious. When she came around she was raped by the client. Four years on, Maya lives in the red-light area of Mumbai. Her two year old spends the night in a creche run by a social service organization. When he was only a few Months old, she used to drug him and put him under her working cot.
Steps that should be taken in order to fight with prostitution:
# Formal education should be made available to those victims who are still within the school going age, while non-formal education should be made accessible to adults.
# The Central and State Governments in partnership with non-governmental organizations should provide gender sensitive market driven vocational training to all those rescued victims who are not interested in education.
# Rehabilitation and reintegration of rescued victims being a long-term Recruitment of adequate number of trained counsellors and social workers in institutions/homes run by the government independently or in collaboration with non-governmental organizations.
# Awareness generation and legal literacy on economic rights, particularly for women and adolescent girls should be taken up.
# Adequate publicity, through print and electronic media including child lines and women help lines about the problem of those who have been forced into prostitution.
# Culturally sanctioned practices like the system of devadasis, jogins, bhavins, etc. which provides a pretext for prostitution should be addressed suitably.