It is something accepted by all that under the present law, only the women are targeted while the clients go scot free. Many attempts to make some remedies were made but only by the ITPA of 1986 when a maximum punishment of three months for soliciting was introduced for clients. Again, there was another restriction in it that the client could not be punished in the act itself if the girl was an adult. Even though the lawmakers have broadened the circle of persons liable for prosecution the law is still focused on punishing women severely. Under the Immoral Trafficking (Prevention) Act, 2005, the definition of "trafficking in persons" has been proposed to include "recruitment, transportation, transfer, harbouring or receipt by persons" as punishable. The earlier prevalent Section in both SITA and ITPA provided punishment for brothel keeping, pimping, detaining anyone in a brothel, use of premises and procurement, but with the inclusion of the above words, the Act can be used to criminalize receipt and transfer by a client. Clients, after such passing of the Bill, can be fined and jailed for up to three years.
A logic doing its rounds is that, criminalizing the customer and decriminalising the sex worker will be a terrible blow to the sex workers. Police raids will increase and customers will be garrulously harassed. This means fewer clients and a tougher life for sex workers. There even is the possibility that the sex trade will then move underground, which may prove detrimental to the AIDS-control programme in India. We should keep in mind the warning of UN that is clear from the statement:-
One out of every four people infected with HIV (human immunodeficiency virus) in
the world last year was Asian. One out of every seven people living with HIV is
an Indian. UNAIDS report on the Global AIDS Epidemic, 2004. 
According to epidemiologist Tim Brown of the MAP (Monitoring the AIDS Pandemic) Network, over 60 per cent of all contacts of sex workers in a country must use condoms in order to actually roll back the epidemic. 
"HIV infections in the so-called general population will not balloon into huge epidemics. This means our prevention efforts must stay focused on populations where infections are actually occurring," he said. 
If the clients are afraid of visiting sex workers, business will suffer. A sex worker will then be under pressure to keep customers and may comply without a condom. This would mean rapid spread of AIDS.
The National Network of Sex Workers, which claims to have over 2, 00,000 members, says it is deeply dejected with the minor changes and that the ITPA should be abolished and the sex trade legitimized. The National Network of Sex Workers have also asked for self-regulatory bodies and boards set up by sex workers' unions to look after the health, hygiene and education in their areas for themselves and more importantly for their children's interest. The Network also requests the Government to look into the violence that is involved in trafficking and prostitution. 
It is interesting to note that the changes have come at a time when there is this public debate initiated by the Planning Commission that prostitution be legitimized to control the spread of AIDS. It should always be kept in mind that there are more than 11.2 million HIV-positive cases in India. The spread of AIDS can be checked only through the better education of both sex workers and clients. It is just not responsibility of the State but also the responsibility of us to see to it that we have a brighter future.
 See Mehta Rohinton, Crime and Criminology A Socio – Legal Analysis of the Phenomenon of Crime ,1st Edition (1999),320, Sec. IV – Chp. 50.
 See P Devlin, "The Enforcement of Morals", 8-9, (1965) in CMV Clarkson & HM Keating, "Criminal Law: Text and Materials" (1998)
 Section 8 of the Immoral Traffic (Prevention) Act, 1956: "Seducing or soliciting for purpose of prostitution. -Whoever, in public place or within sight of, and in such manner as to be seen or heard from, any public place, whether from within any building or house or not…"
 Deepak Shreedhar, "Rallying for Action", Frontline, Vol: 21 Iss: 16 at http://www.flonnet.com/fl2116/stories/20040813002810000.htm , last visited 14th February 2006.
 See Mishra Neeraj, "Tightening the screws", India Today, Volume XXXI Number 5, 30 th January 2006.
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