Kochi: The Kerala High Court has ruled that a person visiting a brothel to seek the services of a sex worker can be charged with procuration for prostitution. The verdict came in a partial order passed by Justice V.G. Arun on a petition filed by the third accused in a case registered by the Peroorkada Police, Thiruvananthapuram, in 2021 under the Immoral Traffic (Prevention) Act.
The Court clarified that such individuals cannot be treated merely as “customers.” Justice Arun observed that to be considered a customer, one must purchase a product or a service. A sex worker, the Court said, is not a product but a person—often a victim of trafficking or forced into the trade to satisfy others’ physical needs.
“Through human trafficking, sex workers are drawn into this trade and compelled to offer their bodies to gratify others. While those seeking pleasure may pay money, a large share of it goes to the brothel keepers. Thus, the payment cannot be seen as a transaction for a service but rather as inducement, compelling the sex worker to submit her body and perform as per the payer’s demands,” the Court stated.
The judgment emphasized that in reality, a person who pays mone
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