Critical Analysis on the Impact of Immoral Traffic Law of India Specifying on Section 2 and Section 4 of the ITPA,1956: An Economic Perspective

  • Bensavanth Pettah
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  • Bensavanth Pettah

    Student at School of law, Christ (Deemed to be) University, Bengaluru, India

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Drawing upon qualitative data, this research presents a comprehensive critical analysis on the negative economic impact on the lives of sex workers and how the definitions mentioned in Section 2 and section 4 of the immoral traffic (prevention) Act, 1956 pose a threat to the outcome expected out of the legislation which is to demotivate and rehabilitate victims of trafficking to prostitution and diminish prostitution in the society. The study examines the effectiveness of the Act's provisions through the eyes of the discipline of economics with specific emphasis on the economic principles of Becker and Ronald Coase, one of the most influential figures in the discipline of economics. Subsequently, the research analyzes the limited scope of the act and the ambiguity of section 2 and 4 of the act which holds ground for exploitation by the authorities and demotivate the sex workers and their families to lead an alternate life. The research delves into the economic understanding of the barriers that demotivate the sex workers from choosing an alternative life and how the legislation contributes to these barriers. Furthermore, the research applies the economic principles led down by the eminent economists, Gary Becker, and Ronald Coase, to understand the economic perspective on the lack of clarity and conformity within sections 2 and 4 of the ITPA,1956. In conclusion, the economic analysis endeavours into understanding the effectiveness of the Act by analyzing the definitions prescribed under section 2 of the ITPA, 1956 and delve into the conceptual understanding of section 4 to economically evaluate the trajectory of achieving the purpose of the act and how it is far from our reach. The research intends to give in-depth knowledge by putting forward the economic viewpoint of the impact of the act on the society. It also analyzes how the existing social stigmas in the society combined with the ITPA, 1956, places harder obstacles for sex workers and their families to overcome to attain a better alternative social life.


Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 1607 - 1619


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