Vanshika Garg
MEANING AND HISTORY
In India, the law on certain subjects is not as clear as it should be. Prostitution, nowhere expressly deemed to be an illegal activity, is criticized on the ground of morality. Prostitution is not a new and alien concept. The profession has been found in many forms since the Mughal Era and its renditions have extended to “naachi”, “tawaif”, “kanjari” or “devadasi”, etc.
The Ministry of Women and Child Development reported three million female sex workers in the country and many belongings to the age group of below 18 years. This number has increased manifold over the past years. The practice is legal in a few countries whereas tolerated in some.
REASONS FOR ENGAGING AND THE ISSUES INVOLVED
The primary reason which thrusts a major portion of the population into prostitution is poverty. While some do it to support their families and children, some don’t choose this because of necessity but as a choice. It is a common notion that children of sex workers are likely to engage in the same business. The practice seems to be dangerous in terms of those who might engage the services of these health workers as the health of them and the client is in imminent danger. People who are involved in these kinds of services are encouraging the profession of prostitution. A disease may transmit in the course of it. Proper safety and health care should be ensured. HIV AIDS is likely to spread, and many other serious infections might occur. The most targeted section of this profession is the young children who are forced into such Ventures. Their life is destroyed. Human rights are violated. They become subject to sex trafficking. They are promised employment for a better life. Usually, people belonging to weaker economic sections are targeted and made such false promises. In light of these promises, they are sold to another person. Various agents through website mobile applications use it as a medium to facilitate the commercial business of sex. In certain areas, the public officer protects the owners of such practice. Major areas in India where the practice is predominant include Kolkata, Mumbai, Delhi, Indo-Nepal border, etc.
RECOGNITION UNDER STATUTES
Everyone has a right to live with dignity. This is well protected through Article 21 of the constitution of India. No one has a right to assault or murder them as they also have a right to live. The rule was illustrated in Buddha Dev Karmaskar versus the State of West Bengal[1]. Sex workers are not to be discriminated against just because they belong to this kind of profession. It was observed that women do not engage in this kind of practice out of pleasure but to fulfill their economic needs. A day out of the and safety and poverty choose to lead this kind of life. To protect them the Immoral Traffic Prevention Act introduced section 21 as for the steps to be taken by the central and state government.
The Act was unchallenged on the ground of constitutional validity in State of UP versus Kaushalya[2] and the court responded affirmatively. The act aims to is to end such a practice that is to be curbed and to rescue the women and girls from it and allowing them to become decent members in the society does achieving the public purpose goal. The act lays down certain prohibitions on the activities associated with it. This includes prostitution solicitation, a place managed as a brothel, on maintaining a brothel, living on the earnings of prostitution money inducing and kidnapping a girl for this practice girls detainment in brothels, seducing a person under custody for prostitution and carrying out prostitution with 200 meters of any public space like school, college, temple or hospital, etc. The important thing that is to be observed hair is that the illegal activities are enumerated in the act but practice as such has been not declared to be illegal. Severe punishment is imposed on the commission of such kinds of offenses.
The Indian Penal Code of 1860 also protects the children who are thrown in this pool. It penalizes child prostitution. Section 372 and 373 less than the punishment of at least 10 years and 10 years respectively for a person selling a minor and for those buying the minor respectively for such activities. The rules have been laid down to protect children from such kind of exploitation.
Article 23 of the constitution also prohibits trafficking and various forms of forced labor. It makes it punishable as per the provisions of the law. The moral and immoral grounds for discrimination have been laid down.
PROS AND CONS
The debatable question is whether the profession of prostitution should be legalized in India? What are its advantages and disadvantages? What will be the consequences if we expressly declared it to be legal or illegal? Let’s try to answer these questions in various aspects.
The practice needs eminent control. It is considered as a taboo in our country and therefore not much discussed. We can’t deny the fact that it does pose a threat to the fabric of Indian society. It has played a significant role in suppressing the institution of marriage sexually transmitted diseases adduction of young children mostly female’s isolation of prostitution from society physical as well as mental trauma, etc. the abolition of prostitution seems necessary in the light of the danger it imposes. The practice has been prevalent for a long time and described as legal, but it is still existent. This might seem like a failure on law enforcement and destruction that are imposed 2 eradicate it. Let us consider a scenario and say prostitution is legal: –
- The practice will be legalized we will have actual data for the management of brothels a license can be issued for the same.
- Proper medical care age database and remuneration can be insured and facilitated.
- There can be protected against exploitation and rape. The number of cases that are likely to fall in the practice becomes legal.
- Their children can be provided with education.
- Sex racket operations will decrease. Abuse will also come down. They will get respect in the society which day now don’t enjoy.
- People who are thrown in this pool by force can come out.
- We can also be educated for other forms to sustain their livelihood.
- Minor children can be protected.
- Persons acting as intermediaries and pencil diminish.
Now the let us move to the other side and say prostitution is legal but how it can act as a threat. It could act as a way of earning money more easily. This could lead to more people engaged in this kind of activity. For the Government, it could become a revenue-generating industry. If the practice continues as it is today many hidden centers for this practice will never see daylight. The diseases are likely to occur and the number of them is likely to increase. All the scams detected if the practices legalized stricter norms are implemented. Prostitution laws are as weak as they shouldn’t be. Though acknowledge but not properly emphasized. We need to ensure that balance is created, and no infringement of rights should take place. We are not criminalizing the practice and the student as a hindrance or should be considered as more power in the hands of those engaged in such kind of profession.
Women engaged in these practices are subject to constant harassment and abuse. The people who manage such brothels should ensure proper care and medical facilities. They are also human, and I shouldn’t be forced to live their lives on low margins. They have the right to live with dignity.
As we have both sides, we can conclude the same. These facts and circumstances were necessary to be considered.
CONCLUSION
As we have seen how well our country is dealing with the practice of prostitution and how it has been propagating over the years. The concept has to be well recognized in our statutes. We need stricter enforceability. Sex trafficking among children doesn’t lead to a bright future as well. The law has to be definitely be laid down in clear-cut terms. The practice is legalized would serve a purpose rather than not talking about it. The provisions will have to be established in the direction we need to move in. It won’t do any harm. The practice is considered immoral and illegal we need to also see how are we the better judges of someone’s character? And who made us that? The plight of these worker and the reasons why they become subjects of prostitution are to be considered while becoming a judge of someone’s moral character. Just because we are socially advantaged enough doesn’t mean other sections of society are too. The practice even if is to be removed from the society what have we done so far in this regard is not enough rather than just by looking down on someone not treating them properly and equally. They are also human and have a very well-established right that is right to live. We are no one to judge them. The rule of law needs to be upheld here too. They are not evils just forced by society to act in a particular way which is considered immoral by society and in society.
[1]Criminal Appeal No. 135 Of 2010
[2]1964 AIR 416
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