Get it Under the Scanner: Legalizing

Prostitution in India.

Time is changing and over time, people’s thinking is also changing. It is regrettable that still there are such things in our society which ragging off people’s pensive back. And to one such topic is “Prostitution” which is one of the oldest métier in the world however its locus is still abysmal. Prostitution intrinsically means sex for money[1]. Practices of whoredom were initiated in history and at those time prostitutes were properly courteous.

In India or any other country, Prostitution is reckoned in vastly altered and amiss prospective. Every society has its own custom and realm however emboldening profession like prostitution would lead to defiance of society’s rules and regulations. We make it cherish or not but sex is one of the requisite factor of every human being. People continuously uses to denounce opposing prostitution howbeit fascinating bit is that the person who appraise prostitution as immoral and black spot over the society is the one who buys this. Thinking about oneself and take decisions to work in a peculiar profession should be up to an individual only which is the basic fundamental rights and not based up on the society’s scrupulous guide. If someone wants to convert money by selling sex and another one is fit to fund money for it, than why unperturbed person has to thwart and poke their nose through their own righteous clue. Society treats prostitutes as a malefactor but they are verily the victims in our society.

The biggest factor to come in this profession is economic condition of the people in the society as they cannot purvey the basic needs of their livelihood which includes education (through which oneself can make their livelihood even better) also. So Pimps and Brothels usually approach such people to regulate their illegal business. Pimps and brothels normally expediency on poverty-stricken people as they will either provide jobs or will get married to their children (usually girls), howbeit in such sitch poor parents usually cogitate that their children would get better lifestyle opportunities if they went out for jobs, etc. instead of living here. Another reasons girls or women getting into this métier is either they are disconsolate with their marital life or frustrated from the behavior of their family members, inability to arrange marriage, lack of sex education, media, prior incent and rape, social customs, early marriage and desertion, psychological causes include desire for physical pleasure, greed, and dejection. As per various study and reports, 75-80% of the girls and women are dragged into this industry and not according their own discretion. According to Constitution of India, it has guaranteed to the citizens of country through Fundamental Rights to save and secure the human life under Article 21 which explicate about Right to life also Article 23(1) specifies prohibition of human being trafficking[2].

It is an eternal and perplexing topic that whether prostitution should be legalized in India or not? According to Indian Laws, the exchange of sexual services for money is legal, what are illegal are the activities related to sexual services like:-

• Pimping
• Pandering
• Soliciting such services at public places
• Kerb crawling
• Being an owner of a brothel or even running one
• Carrying out such activities in hotels[3].

Laws related to Prostitution in India are:-

• Immoral traffic (Suppression) act, 1956
• Immoral traffic (Prevention) act, 1956

The most intrinsic law related to prostitutes’ status is The Immoral Traffic (Suppression) Act which was passed in 1956. As per this act, the law grants sex workers to carry on their trade in private elsewhere from public areas. Also, customers of the sex workers can be arrested if found satiate in any sexual actives in public areas. Howbeit, any sex worker cannot entertain their sexual services within the span of 200 yards of public areas[4] moreover if they found within the span in such situation they shall be held guilty of being public nuisance. Prostitutes are not regulated within according to normal labor laws.

In 1986, The Immoral Traffic (Suppression) Act has been amended into The Immoral Traffic (Prevention) Act. According to current laws, the sex workers can be arrested if they solicit or try to seduce others in the public areas also the call girls are not authorized to distribute their numbers in public for their trade purposes. If such laws are violated by sex worker they can be imprisoned for maximum 6 months or have to pay financial penalties or both. Moreover, if clients found indulging in sexual activities within the span of 200 yards they can also be penalized for 3 months imprisonment or have to pay financial penalties or both. If any person found indulge in such activities with a juvenile or person below 18 years will be jailed for 7-10 years[5]. Also, Pimps and brothels owner can be guilty as the business which they are caring is illegal trade and can be held liable for penal charges as imprisonment for 2-4 years if they cannot prove themselves as an innocent person.

Moreover, applicability of Indian Penal Code is there read with provisions of Code of Criminal Procedure when cases are related to prostitution and individual would be held liable for penal charges if he is found guilty of any of the activities[6] mentioned above. Also, various act also specifies such activities are against public policy moreover cannot be termed as legal activities in terms of law. Provisions of Directive Principles of State Policy under constitutional laws and sections of Indian Evidence Act also directing matters related to pimps and brothels which are illegal activities under Indian Laws.

Legalizing Prostitution has advantages on its own as no one will get hurt. Sex workers who were panicky to file a report in Police Station concerned with ill-treatment acted by pimps by forcing them to fascinate their clients without their own consent now can courageously file report against them. Presently, sometimes many punk customers do not pay for sexual services rendered by sex workers as they know she cannot take any legal actions against them, by legalizing it sex workers will assured that they will be getting payment of what they have rendered services also can take legal actions against punk customers if they ever tried to ill-treat against them. Pros of legalizing prostitution is sex workers will be regularly checked by doctors, proper medical facilities will be rendered to them along with sex education. Because proper sex education is given to them, they will always use protection before intercourse so that communicable diseases shall not be spread in wide. Moreover, human trafficking can be controlled as after legalization pimps and brothels cannot carry illegal business as they are controlled by law.

In countries like Netherlands, Germany, New Zealand, Austria, etc. have legalized Prostitution. After implementation of Prostitution as a legal métier, sex workers who hitherto deprived from treated as normal citizen, now can legally entertained their fundamental rights. After legalization, Prostitutes have been brought under tax net so, sex workers are also paying taxes from their income as any normal citizen do[7].

Legalizing Prostitution be authorized pros but prostitutes have to face more concomitant by giving authority to it. Not from the society’s frame of reference, we ought to think from the point of impecunious sex workers who are entangled in bog and have no other option without accepting this. It does not only afflict the health of the sex workers but also leads to increase in the homicide. Authorizing prostitution as métier would give pimps and brothels a license to force more and more people to get into their children into this industry. Giving authorization to Prostitution never lead to abolish this profession however there are many instances of countries that legalizing this métier are at the outset victims of human trafficking. If our country, where always men’s ascendant has been found, would gave them authority to cheat on their partners that ultimately leads to increase in number of divorce cases in the country which will create another issue in the society.

Also these sex workers are not receiving money directly for their work (as get into this profession only to satisfy their elementary needs). Basically they are pimps and brothels who relish every work done by penurious sex workers. Besides, this pimps and brothels owner force majeure sex workers for sex scenes to suffice their customers even if they are reluctant towards work. If they are unprepared to handle their customers by virtue of any cause, in such situations these sex workers are been raped by pimps and have to fascinate their customers without their consent. It is not feasible to fortify individual whose source of income exposes them to the keep of existence maltreated on normal basis a week. Because of Prostitution, there is escalate in spread of communicable disease like HIV AIDS as intercourse between the customer and sex workers are generally without protection. Legalizing it will surely make checkups mandatory and regularly however there are maximum chances that such diseases test would come negative for first 4-5 weeks also possible the first 12 weeks until then that HIV positive[8] sex worker had intercourse with many of her customers and spread her communicable disease to many individuals.

Legalizing prostitution would never abolish this profession, more over it will increase the sex trafficking. Legalizing it only decrease the supply for by it deeming promiscuous conduct socially unexceptionable, simply continuing the round of sexual ill-treatment in the sexual practice industry. Nobody is in line of thought about legalization what would be next, would all problems get solved, would sex workers be on fence and have not to face any sexual abuse which at presently they are facing. It is an incessant situation where there is no guarantee that after legalization everything would be in sublime. The uniquely foremost option is the abolish this profession, there should proper knowledge to be given to poverty stricken people apropos about pimps and brothels that poor people shall not come under their deceived net. Also, proper sex education should be provides to every person of the slums and villages so that they shall take care for their health related issues appraise by communicable sexual diseases.

Moreover, there shall be no restriction for the individuals who themselves want to get into this industry as it is there fundamental right to choose profession according to the will and interest area because sexual services is not illegal if it is conducted in private area (200 yards away from public area) as per the Indian Laws. Pimps, who are the real criminals behind these activities, shall be arrested because the business they are running is totally illegal under law. However, the prostitutes whom we blame for are the real victims in this profession. And because of all such activities Prostitution should not be legalized.