LEGALISATION OF PROSTITUTE IN INDIA

The word prostitution comes from the Latin word prostituere, which means to expose publicly. Prostitution is providing sexual assistance in exchange for money. Like other forms of violence against women by men, prostitution is another gender-specific problem because most of the victims are women.

Background:

Prostitution is an old profession in India. There is mention of sex workers in various Hindu mythological myths known as apsaras. During the pre-colonial period, the Devadasi system existed, where it was prevalent among Hindus to give their daughters as a sign of devotion to God. Devadasi means devotion to God, which means they are married to God and do not need to marry any mortal being.

Women working in harems, palaces and brothels were existent even during the period of Mughals.

However, colonialism brought with it a system of exploitation and oppression. The British began to reflect on their social restrictions on these women, where they changed the basics of sexual liberation, femininity, art and culture to devotion, devotion, and so on.

Reasons for prostitution

In Indian patriarchal society, when education, freedom and skills are lost, it is difficult for a woman to be financially independent. Therefore, prostitution becomes the only profession that makes money.

The sexual exploitation of women is a product of the coercive, orthodox Indian society that sees them as merely an object. Another major cause of prostitution is the prevailing caste system in India, where grassroots women are often sexually exploited and degraded in a degenerated system. Lack of sex education and kidnapping can lead to other forms of prostitution.

Indian laws related to prostitution:

According to the Indian Penal Code, prostitution in its broader sense is not illegal per se but there are certain activities which constitute a major part of prostitution which are punishable under certain provisions of the act:

· Soliciting services of prostitution at public places

· Carrying out prostitution activities in hotels

· Being the owner of a brothel

· Pimping

· Indulge in prostitution by arranging a sex worker

· Arrangement of a sexual act with a customer

Following are the heads of crime which are related to prostitution and Human trafficking:

· Procuration of Minor girls (section 366-A IPC).

· Importation of Girls (Section-366-B IPC).

· Selling of Girls for prostitution (Section-372 IPC).

· Buying of Girls for Prostitution (Section-373 IPC).

· Immoral Trafficking (Prevention) Act 1956.

· Child Marriage Retrain Act, 1929.

Problems with Indian Laws and Their Purpose:

The main problem with these regulations is that the attitude towards prostitution is immoral and obscene and damages the very fabric of society. However, engaging in sex work with precautions and regulations does not harm any person. Furthermore, the only reason why prostitution is considered immoral and sex workers are considered obscene is that in our society sex is a major taboo and the demand and supply of sex in a controlled manner should be looked down upon.

Indian society does not digest the reality of sexual violence as a result of the norms of sexual relations in society and the way people trust and thrive on these rules. The fact that this law seeks to criminalize acts that lead to adultery expresses the inconvenience of the law in dealing with the real problem and makes temporary and half-hearted amendments in dealing with the problem.

Another important aspect of Indian laws relating to prostitution is that these laws do not accept that it is not only women who are sexually exploited, but also men who are victims of sexual violence, exploitation and oppression and transgender people.

The legitimacy of prostitution:

There has been a lot of talk about giving legal status to prostitution in India. Since it is better to control prostitution, the chances of abolishing it are very low. Various countries such as Canada, France, Germany, Denmark, and Wales have regulated and legalized prostitution.

In Germany, of course, this profession is not only legal, but it is also taxable, where brothels are allowed to advertise and send job offers through HR companies. Germany passed the latest law in 2016 to protect prostitutes by requiring a license and prostitution registration certificate for all prostitution businesses.

This type of system regulates occupation and, taking into account the safety of sex workers, makes it less harmful to sex workers and better enforcement of laws protects the system from abuse and exploitation. Not only are these sex workers susceptible to dangerous sexually transmitted diseases such as HIV / AIDS, but they also suffer from police brutality, drown in income, harassment, and so on. In 2009, the Supreme Court ruled that prostitution was legal.

Here are the following reasons for which prostitution should be legalized:

1. Legalizing prostitution protects minors from sexual exploitation. Nearly 10 million children worldwide are forced into prostitution. Child prostitution is a bitter reality in almost all countries but the situation is worse in Asia and South America. Strict regulations in the industry can ensure the exclusion of minors from the system.

2. Regulated health screening of sex workers can prevent sexually transmitted diseases, especially AIDS, which is very common among sex workers. Adequate birth control ensures preventing unwanted pregnancies and other health risks. Regular health check-ups and strict guidelines ensure clean and hygienic working conditions. The mandatory provision of condoms is also beneficial for sex workers and consumers.

3. Legalizing prostitution improves and upgrades the system. Intermediaries and pimps are eliminated from the system and sex workers are paid more and crime and exploitation factors are minimized.

4. It reduces sexual violence, rape and other forms of sexual harassment because people resort to legal and easy alternatives to satisfy their sexual desires. Take the example of Queensland where the rape rate in the area has increased by 149% since the end of the brothel.

5. Abolition of forced prostitution

6. Prostitution is an $ 8.4 billion business in India. Legalizing this process and taxing it is like an incentive for the government.

7. Workers' rights are protected. However, even if sex workers are not covered by common labour laws, they should enjoy all the rights of a citizen and a worker.

CONCLUSION

In a society, prostitution is an old profession and continues to grow as a business area, it is ignorant to keep an eye on it and pretend the existence of the system and its flaws. Discriminating and legalizing sex work with the right rules can lead to a better life for sex workers with better wages, health care and protection.

Not only this, as a society, but it will also be a progressive step in removing many social evils from the society like child prostitution and rape. By recognizing that the sex trade is a very clear reality of our country and with some a legal profession all the parties involved can reap the benefits of the rules and protections guaranteed. Improved and comprehensive legal framework and implementation of all security measures can meet the good of the society.

REFERNCES

[1] https://en.wikipedia.org/wiki/Prostitution_in_India

[2] http://www.legalservicesindia.com/article/2460/Legalization-of-Prostitution-in-India:-Need-of-the-hour.html

[3] https://qrius.com/should-india-legalise-prostitution/

[4] https://www.thequint.com/news/india/what-india-can-learn-from-countries-that-legalized-prostitution

[5]https://onefuturecollective.org/law-and-gender-the-legality-of-sex-work-in-india/

[6] https://www.youthkiawaaz.com/2009/12/the-big-debate-should-prostitution-be-legalized-in-india/

[7]https://www.ugc.ac.in/mrp/paper/MRP-MAJOR-SOCI-2013-25158-PAPER.pdf

-Muskan Gupta

Maharaja Agrasen Institute of Management Studies.