Kochi: Kerala High Court has held that engaging in sexual activity even in a brothel is not an offence. The court quashed a case registered under Immoral Traffic Prevention Act, 1956, against three Tamil Nadu natives who were arrested in Thiruvananthapuram.
The offences alleged against Vijayakumar, Manikyavasakam and Martin Arogyaswami were under section 3, 4(1) and 7 of the Act. Section 3 deals with the punishment for keeping a brothel or allowing the premises to be used as a brothel and section 4 deals with punishment for living on the earnings of prostitution.
Section 7 deals with prostitution in or in the vicinity of a public place. The court found that even if the allegation against the accused is admitted in its entirety and taken at its face value, none of the accused have committed any of the offences alleged against them.
“Put it differently, engaging in sexual activity even in a brothel is not made an offence punishable under the Act,” Justice K. Harilal held. “I have no hesitation to hold that all further prosecution proceedings against the accused under such first information report would amount to an abuse of the process of the court and are liable to be quashed,” he said.
According to police, Vijayakumar with the assistance of Manikyavasakam was conducting a homestay. On September 19, 2015, the SI of Parassala conducted a raid. At that time they were found in a room along with two women and they were arrested.
