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Decriminalization of Prostitution : Legal Analysis of the rights.

By Prachee Rajesh Mishra, Bba Llb first year Law student at Upes.

Prostitution is the business or practice of engaging in sexual relations in exchange

for money/payment or some other benefit. Prostitution is sometimes described as commercial

sex or hooking. Depending on the jurisdiction, prostitution can be legal or illegal. A person who

works in this field is called a prostitute or sex worker. The position of prostitution and the law

varies worldwide, showing differing opinions on victimhood and exploitation, inequality, ethics

and morality, freedom of choice, historical social norms. (Wiki).

We all know the meaning of prostitution and also have our opinions about it (not very good

though).

Decriminalization of Sex Work has been a pursuit of sex workers who are aiming for

recognition and legalization of their trade. In most countries, the act of performing sexual

favors in exchange for monetary gain is criminalized. Removing criminal prosecution for sex

workers creates a safer and healthier environment and allows them to live with less social

exclusion and stigma. Decriminalization of sex would reduce the risk of HIV aids and sexual

transmitted diseases. Sex workers are managed by 'gatekeepers' who may be brothel owners,

clients, or law enforcement figures, they limit the use of condoms and other protective

measures which in turn puts the life of these workers at stake. The workers not only face

problems like these but also violence against them is grave. A research conducted in more than

11 countries by Sex Worker’s Right Advocacy Network (SWAN) concluded that more than 200 sex

workers have experienced violence and discrimination. These acts of violence toward sex

workers often include abuse, rape, kidnappings, and sexual violence. It is difficult for sex

workers to seek criminal justice when it is reported that many police officers are partaking in

the sexual and violent abuse.

Coming to India and the sex workers outlook about decriminalization.

When you consider the laws surrounding sex work, in whichever country you are in, you could

listen to the politicians; religious leaders; media pundits - However, these are all people with an

opinion, the same as anyone else.

To really understand them, listen to them. They know their work, they understand their

problems and issues faced by them. Saheli Sangh, a collective which represents 2000 sex

workers in Pune oppose criminalization of their work. They say HIV/AIDS prevention cannot be

properly addressed while sex workers are getting arrested. An academic study in Andhra

Pradesh, found a link between police abuse and inconsistent condom use, leading to increased

HIV transmission. Clients, partners and managers of sex workers can physically, verbally and

sexually abuse them, knowing that the police will not do anything. Sex workers in India demand

decriminalization, rather than legalization - When sex work is legalized, sex workers face

regulations that force compulsory health check ups, compulsory licensing and designated zones

( Sex workers demand ‘decriminalization’, not legalization - The Indian Express.) There might be

many challenges which are unique to sex workers in India, however, sex workers in that country

are saying the same thing as sex workers in countries around the world. That is, only the

removal of criminal laws can give sex workers control of their work, fight STIs and seek justice.

This has become such a global human rights issue, that Amnesty International recently began

advocating for the decriminalization of sex work, after deciding to listen to sex workers before

deciding which way to take their campaign.