Indian Laws on Prostitution: Should it be legalized?

A Supreme Court bench has ordered the state and the Central governments to conduct a survey on sex workers across India and ultimately provide them an alternative job to sustain themselves and live a dignified life. The order was passed by Justice Markandey Katju and Justice Gyan Sudha Misra on July 20.

Prostitution is one of the oldest professions in the world and continues to flourish because there is always a huge demand for it. Although several countries have introduced legislations to curb it, they have not been very successful. Indian laws do not encourage prostitution in India though by itself (exchanging sex for money) it is legal. However, associated activities (such as soliciting in a public place, operating a brothel and pimping are illegal.

Indian Laws on Prostitution Industry: Debate on Legalizing the Flourishing Industry

In India, poverty and inequitable distribution of income are the main factors that force women into this trade, carried out rampantly all across the nation. Penalizing people has not yielded good results mainly because the urge for sex is natural and migrant workers and others wanting to have sex often visit prostitutes and call girls. The flourishing industry has, however, contributed to the growing problem of AIDS and HIV. It is for these reasons that the issue of legalizing the industry is being debated. Even the Supreme Court of India has asked the Indian government on whether the industry could be legalized to resolve the various problems associated with it.

Indian Laws on Prostitution Industry: Some Shocking Facts

Prostitution in India reveals shocking facts. Here are some basic facts about the industry:

• A large number of prostitutes in India are minors.
• Trading in minor girls is rampant and has increased significantly in recent years.
• A significant portion of the sex workers in India are at the risk of being HIV positive.
• Apart from red light areas, the trade is also carried out in the form of fake massage and escort service centers.
• All major cities in India have networks of call girls that are run like corporate companies.
• Medical ailments like cervical cancer and psychological disorders are quite common amongst sex workers.

The Immoral Trafficking Prevention Act, 1956 (“ITPA”), is the main law dealing with prostitution in India, does not criminalize prostitution or prostitutes per se, but in most cases punishes acts by third parties facilitating prostitution like brothel keeping, living off earnings and procuring, even where sex work is not coerced.

Indian Laws on Prostitution Industry: Arguments in favor of Legalizing the Sex Trade in India

The first and foremost argument put forth by the proponents of legalization of prostitution is that it is inevitable. The benefit is that we will have a track record of sex workers and thus can design a comprehensive strategy to combat the medical and other problems faced by them.

Here are some of the advantages of legalizing the prostitution industry in India.

• It will help in ensuring proper rehabilitation of people engaged in the trade.
• Legalization of prostitution will also help in avoiding exploitation of the sex workers and their children by the middlemen.
• It will also help the workers to have access to adequate medical facilities for the treatment of their ailments.
• It will end the exploitation of minors.
• It will reduce the criminal and human trafficking activities associated with prostitution.
• Legalization will also reduce clandestine, hidden, illegal and street prostitution that is hazardous to life and good health.

However, till the industry is actually legalized, it is essential that Indian laws be framed not only to curb the exploitation of the sex workers but also change the mentality of the people who indulge in such activities.