Commentary on the Immoral Traffic (Prevention) Act, 1956

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Description
The Immoral Traffic (Prevention) Act 1956, Act 104 of 1956, is an Act to provide, in pursuance of the International Convention signed at New York on 9th May 1950, for prevention of immoral traffic. The Act was amended by Amending Act 46 of 1978 and also further Amending Act 44 of 1986. This Enactment is a social welfare Legislation aimed at preventing the immoral traffic and also for taking further suitable steps in protecting such children, girls or women as the case may be. This Enactment contains 25 Sections apart from Schedule. All the State Rules, the relevant provisions of the Code of Criminal Procedure, Indian Penal Code and also the Constitution of India and all Rules made under the Act and further the relevant Acts and the Declarations also had been given by way of Appendix for better appreciation of the subject.
The Division Bench of Andhra Pradesh High Court had an occasion to deal with the Constitutional validity of Section 17(4) of the Act in the context of Article 21 of the Contitution of India in V.N. Swamy v. S.H.O., Hyderabad, 1998 (1) ALD 755. The scope and ambit of Sections 7 and 18 of the Act had fallen for consideration in Rama Swamy Chettiar v. Deputy Superintendent of Police, Salem, 1976 MLJ (Criminal) 511 and the learned Judge of Madras High Court had dealt with this aspect in elaboration.
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Contents
The Immoral Traffic (Prevention) Act, 1956
Introduction
1.    Short title, extent and commencement
2.    Definition
2A.  Rule of construction regarding enactments not extending to Jammu and kashmir
3.    Punishment for keeping a brothel or allowing premises to be used as a brothel
4.    Punshment for living on the earnings of prostitution
5.    Procuring, inducing or taking [person] for te sake of prostitiution
6.    Detaining a [person] in premises where prostitution is carried on
7.    Prostitution in or in the vicinity of public places
8.    Seducing or solicitiing for purpose of prostitution
9.    Seductin of a [person] in custody
10.  Release on probation of good conduct or after due admonition
10A.Detention in a corrective institution
11.  Notification of address of previously convicted offenders
12.  [Repealed]
13.  Special police officer and advisory body
14.  Offences to be cognizable
15.  Search without warrant
16.  Rescue of person
17.  Intermediate custody of persons removed under Section 15
       or rescued under Section 16
17A.Conditions to be observed before placing persons rescued under
       Section 16 to parents or guardians
18.  Closure of brothel and eviction of offenders from the premises
19.  Application for being kept in a protective home or provided
       care and protection by Court
20.  Removal of prostitute from anyplace
21.  Protective homes
21A.Production of records
22.  Trials
22A.Power to establish Special Courts
22AA.Power of Central Government to establish special Courts
22B.Power of Court to try cases summarily
23.  Power to make rules
24.  Act not to be in derogation of certain other Acts
25.  Repeal and savings
Appendices
State Rules
1.   The Andhra Pradesh Suppression of Immoral Traffic in Women and Girls Rules, 1958
2.   The Bihar Suppression of Immoral Traffic in Women and Girls Rules, 1958
3.   The Bombay Suppression of Immoral Traffic in Women and Girls Rules, 1958
4.   The Delhi Prevention of Immoral Traffic (Delhi) Rules, 1958
5.   The Gujarat Suppression of Immoral Traffic in Women and Girls Rules, 1985
6.   The Suppression of Immoral Traffic in Women and Girls (Himachal Pradesh) Rules, 1982
7.   The Suppression of Immoral Traffic in Women and Girls (Jammu and Kashmir) Rules, 1959
8.   The Karnataka Immoral Traffic (Prevention) Rules, 1989
9.   The Kerala Prevention of Immoral Traffic Rules, 1959
10. The Maddya Pradesh Suppression of Immoral Traffic in Women and Girls Rules, 1960
11.  The Manipur Suppression of Immoral Traffic in Women and Girls Rules, 1958
12. The Orissa Suppression of Immoral Traffic in Women and Girls Rules, 1959
13.  The Punjab Suppression of Immoral Traffic in Women and Girls Rules, 1959
14.  The Rajasthan Suppression of Immoral Traffic in Women and Girls Rules, 1958
15. The Uttar Pradesh Immoral Traffic (Prevention) Rules, 1993
16.  The West Bengal Suppression of Immoral Traffic in Women and Girls Rules, 1959
INTERNATIONAL CONVENTIONS
17.  The Supplementary Convention on the Abolition of Slavery, The Slave Trade, and
       Institutions and Practices Similar to Slavery (1956)
18.   The Convention for the Suppression of the Traffic in Persons and of The
        Exploitation of the Prostitution of Others (1949)
19.   The U.N. Declaration on The Elimination of Discrimination against Woman (1967)
20.   Convention on The Elimination of All Forms of Discrimination against Women, 1979
21.   Andhra Pradesh Devadasis (Prohibition of Dedication) Act, 1988
ALLIED   LAWS
22.   Relevant Provisions of Constitution of India
23.   Relevant Provisions of Indian Penal Code, 1860
24.   The Andhra Pradesh Women's Commission Act, 1998
25.   The Women's And Children's Institutions (Licensing) Act, 1956
26.   Andhra Pradesh Women's and Children's Institutions (Licensing) Rules, 2001
SUBJECT INDEX
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Author Details
P.S. Narayana, Former Judge, High Court of A.P
P. Jagadish Chandra Prasad, Advocate, High Court of A.P. & T.S