In 1950, the Government of India ratified the United Nations Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others (pdf), which conflates prostitution and trafficking
Whereas prostitution and the accompanying evil of the traffic in persons for the purpose of prostitution are incompatible with the dignity and worth of the human person and endanger the welfare of the individual, the family and the community,…The Parties to the present Convention agree to punish any person who, to gratify the passions of another:
In pursuance to the international convention, India enacted in 1956 the Suppression of Immoral Traffic in Women and Girls Act (SITA), which was later amended in 1986 to create the Immoral Traffic (Prevention) Act. Known commonly as ITPA (pdf), the act defines a trafficker as a person who
recruits, transports, transfers, harbours, or receives a person for the purpose of prostitution by means of,—
Notably, lawmakers recognised the impracticality of banning prostitution without rehabilitating women in prostitution or addressing the root causes of poverty and gender inequality. As a result, ITPA sought to penalise activities incidental to prostitution but not prostitution itself, i.e., soliciting, practicing prostitution in public places or near police, living on the earnings of prostitution, owning a brothel, visiting a brothel, procuring or detaining for prostitution, and trafficking or attempted trafficking, especially of children. The punishment for trafficking varies from seven to fourteen years of imprisonment, or, in the case of child trafficking, from seven years to life.
In 2002, India ratified the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (pdf) to supplement the 2000 Convention against Transnational Organized Crime (Palermo Convention). In particular, the protocol defined the following:
Despite these legal measures, AAWC recognizes that the current legal framework on prostitution and trafficking is in urgent need of reform. While beneficial stipulations of ITPA are routinely ignored or insufficiently implemented, certain aspects of the law are commonly abused by law enforcement officers for their own interest or economic gain. Criticisms can be found here and here of both the original 1956 legislation and a proposed 2006 amendment (pdf) that failed to pass after sex workers organised large-scale protests.
Legislation governing child rights in India
The Protection of Children from Sexual Offences (POCSO) Act 2012 was introduced in order to effectively address sexual abuse and sexual exploitation of children in India. Known commonly as POCSO (pdf), the act defines provisions for steps to be taken in incidents of sexual offences towards children.
The Act recognizes various forms of sexual abuse such as penetrative and aggravated penetrative sexual assault as well as non-penetrative sexual assault such as sexual harassment and use of pornographic content. The POCSO Act directs effective punishment to offenders and provisions to be made for victims of sexual abuse.
Organizations in India have begun implementing the guidelines set by the POCSO Act to tackle cases of child sexual abuse.