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While the act of prostitution is not illegal, most activities surrounding prostitution are illegal. The law criminalizes the selling, procuring, and exploiting of any person for commercial sex as well as profiting from the prostitution of another individual. Unlike in previous years, Section 8 of the Immoral Trafficking Prevention Act (ITPA), which criminalizes the act of solicitation for prostitution, was infrequently used to arrest and punish women and girls who were victims of trafficking. The country is a significant source, transit point, and destination for trafficked women.
In October the Jammu and Kashmir High Court criticized the CBI's "lax and deficient" handling of the Sabeena case and directed the CBI to redo the investigation. In April 2006 authorities arrested the former state minister for Tourism in Jammu and Kashmir and his wife Sabeena for allegedly trafficking and blackmailing approximately 40 local girls into prostitution.
The 2005-6 NFHS indicated that girls are almost as likely to attend primary school as boys. Nationwide, 85 percent of boys and 81 percent of girls ages six to 10 attend primary school. By ages 15 to 17, 49 percent of boys and only 34 percent of girls attend school. The government launched programs to increase literacy among girls from marginalized social groups through the National Program for Education of Girls at Elementary Level and the Kasturba Gandhi Balika Vidyalaya.
The 1939 child marriage restraint act prohibits child marriage, a traditional practice that occurred throughout the country, and sets the legal marriage age for girls at 18 and boys at 21. In December 2006 the government tightened its legislation against child marriage and passed the Prohibition of Child Marriage Bill declaring that existing child marriages were null and void.
Despite legal constraints, according to a 2005 Health Ministry report on population and development, half of all women were married by the age of 15. The 2005 NFHS reported that forty-five percent of women (18-24) and 32 percent of men (18-29) marry before the legal age of 18 years and 21 years, respectively. According to another 2005 report from the Office of the Registrar General of India, 240 girls die every day due to pregnancy-related complications in early child marriages. The International Center for Research on Women (ICRW) concluded that those married under the age of 18 were twice as likely to be abused by their husbands compared with women married later; they were also three times more likely to report marital rape. ICRW reported that child brides often showed signs of child sexual abuse and post-traumatic stress. Child marriages also limited girls' access to education and increased their health risks, since they had higher mortality rates and exposure to HIV/AIDS than girls married after 18.
Female feticide was an acute problem in Punjab, Haryana, and Rajasthan. The states of Punjab, Haryana, Gujarat, Uttar Pradesh, Himachal Pradesh, Delhi, parts of Tamil Nadu, Maharashtra, and Karnataka reported particularly low female/male ratios. Nationally, there were only 933 girls per 1,000 boys. In 14 districts of Haryana and Punjab there were fewer than 800 girls per 1,000 boys. The low male/female ratio resulting from female feticide encouraged families in Punjab and Haryana to import brides from Bihar and other northeastern states.
Baby girls were either aborted or, after birth, left in the cold to contract pneumonia and perish. NGOs alleged that medical practitioners and government workers often were complicit in pushing or persuading women to abort their girl children. Sex determination tests are illegal under the 1994 Pre-Natal Diagnostic Techniques Act. However, NGOs reported that some family planning centers continued to reveal the sex of fetuses. According to the NGO IFES, feticide is a $116 million industry. Officials claim that the practice is prominent among educated and urban sections of society.
The Health and Family Welfare Ministry set up a "National Support and Monitoring Cell" to curb the practice of female feticide by targeting and apprehending those who carry out or abet female feticide. The government also encouraged education campaigns to change the social preference for male children and launched a "Save the Girl Child" campaign designed to highlight the achievements of young girls.
The country was a significant source, transit point, and destination for trafficking victims, primarily for the purposes of prostitution and forced labor. Many girls were internally trafficked for the purpose of forced marriages, while other persons, including children, were trafficked for bonded labor. Women and girls were lured into commercial sexual exploitation through deception and expectations of opportunities in other parts of the country. Tribal women and those from economically depressed areas were particularly vulnerable to sexual exploitation. Extreme poverty, combined with the low social status of women, often resulted in parents handing over their daughters to strangers for what they believed was employment or marriage. In some instances, parents received payments or the promise that their children would send wages home.
Women and girls as young as seven years of age were trafficked from economically depressed neighborhoods in Nepal, Bangladesh, and rural areas of the country to the major prostitution centers of Mumbai, Kolkata, and New Delhi. In West Bengal, organized traffic in illegal Bangladeshi immigrants was a principal source of bonded labor. Kolkata was a transit point for traffickers sending Bangladeshis to New Delhi, Mumbai, Uttar Pradesh, and the Middle East. The government cooperated with groups in Nepal and Bangladesh to deal with the problem and began to negotiate bilateral antitrafficking agreements, particularly through the South Asian Association for Regional Cooperation.