WHAT IS THE LEGAL STATUS OF PROSTITUTION IN INDIA?

Things mentioned in the blog are-

• Introduction

• Is Prostitution legalized in India?

• Prostitution related laws in India

• How legalizing Prostitution will help sex workers and society?

• Conclusion

Introduction –

Prostitution is the practice where individuals take part in sexual activity in need for money and the person performing this activity is known as prostitute. Legal status of prostitution differs from nation to nation and also from local area to within the nation. It is one part of sex business, with pornography and other sexual entertainment. The condition of prostitution and law generally differs around the globe. Some people view prostitution as abuse against women and children that contributes to new misconduct of human trafficking. This occupation is a nightmare for those women who were forced into this work for earning money for their families. Earlier only females worked as prostitutes but in today’s world women, men and transgender all are also working in this field. In present scenario, male sex workers are increasing at a great pace.

Is Prostitution legalized in India?

There are three types of countries according to prostitution-

• Where prostitution is completely illegal and is not allowed to practice prostitution eg. Kenya, Morocco, Afghanistan etc.

• Where prostitution is legal but in certain limits eg. India, Canada, France etc.

• Where prostitution is legal and has proper rules of regulation eg. New Zealand, Australia, Austria etc.

According to Indian context, prostitution is not completely illegal as it is not specifically expressed prostitution to be punishable under law but there are few activities which are exception that means in some cases it can be punishable also such as running brothels, soliciting, trafficking etc. In Indian society it is very difficult to accept living of a prostitute and running a brothel in front of public eyes so this profession is carried out in away from the local people.

Prostitution-related laws in India –

There are several laws related to the legality of prostitution in India, provisions in the Indian Penal Code and some acts were also enacted for this purpose, law learners can get complete information about them through various sources, one of the easy sources can be online law certification courses as the platforms providing these courses helps in solving law learners queries. Here are mentioned some of the laws that are made regarding Prostitution in India. According to Section 2(f) of The Immoral Trafficking Act 1956, Prostitution means sexual exploitation or misuse of any person for any business purposes.

Section 372 & 373 of the Indian Penal Code deals with child prostitution.

Child trafficking and prostitution of Child comes under offence against child, there are several online legal courses which teach about this act against a child, and also explains the consequences and laws of act of child trafficking and prostitution on child.

How Legalizing Prostitution will help sex workers and society?

It is the responsibility of the public how they deal with prostitution. Many countries have accepted this profession and legalized it. There are some benefits of legalization of prostitution that are as follows:

Improvement in condition of sex workers- Many countries which have legalized prostitution has helped in the improvement in condition of sex workers. It is seen that this helped in reduction of violence and spread of diseases has reduced to a great level.

Reduction in trafficking- As the prostitution will be legalized, trafficking will be reduced to a great extent. Government has to take stringent steps and work actively with the community to ensure that the cases of trafficking are decreased.

Reduction in Rape Cases- As the prostitution is legalized it helped in reduction of rape cases in the country to a great level. In Rhodes Island, the rape cases are decreased to a extent of 39 after the legalization of prostitution.

Reduction in involvement of Minors- With legalization of prostitution trafficking will reduce so the involvement of minors will reduce. A license will be provided to every sex worker for the work and no one will be allowed to work without that license and under a certain age fixed by the government. So this will definitely reduce the involvement of minors.

Empowerment of sex workers – Legalization of prostitution will help surely empower sex workers as they will get the courage to knock the doors of the police station if their rights are being violated. Nowadays, if a prostitute goes to file a complaint against any individual who violated their rights, the police don’t even listen as prostitution is not legalized completely and is still a taboo in the Indian society.

Medical Care- After the legalization of prostitution in India, every sex worker will be able to get proper medical care. They will be accepted by the society and will receive proper health care as any other individual receives without any hesitation.

Conclusion-

It is difficult to treat the sex industry as a common industry but the practical effects of legalizing prostitution will lead to benefit of both prostitutes and society as a whole. Till now sex workers are targeted for rape, robbery, or any other misconduct, keeping prostitution illegal contributes to crime. Criminals know that prostitutes cannot complain as they will have to tell that they are performing such illegal activities so they have been abused to an extent level but they are not in a situation to take a stand for their rights. Legalizing the profession will help the prostitutes to take a stand for themselves if their rights are violated or they are abused. Sex workers will benefit if this profession is legalized as they can report to the police station whenever there is a need. This will help in reducing sex trafficking in the country, hidden and illegal working will be decreased and prostitutes will be protected against any crime done against them.