PROSTITUTION - A PROFESSION IN INDIA

Unique Law
Jun 30, 2022
5 min read

Updated: Jul 13, 2022

INTRODUCTION

In simple words, we can say that prostitution is engaging in sexual activities who are not their spouse or a partner or a friend not even their committed relation partner. Prostitution is sex engaged in for commercial reason not for their personal enjoyment or happiness. It is sex for work. Prostitution is defined as the "act or practice of engaging in sexual intercourse for money" according to a dictionary. However, a prostitute cannot simply be a woman who sells her body, because "women who become wives in order to gain a house and a livelihood" do so every day. Prostitution is a controversial phrase that refers to the sale of sexual services and is considered unethical by many individuals, particularly those who are conservative and religious. They all agree that selling their bodies for money as a commercial work is bad for society. Others dislike prostitution as well, but believe that anti-prostitution laws cause more harm than benefit. They believe that legalizing prostitution will minimize the various damages it produces, and that beliefs about its immorality should not prohibit our society from dealing with it more sensibly than it currently does.

Historical Background

Sex workers' activities are not new in India; they were even practiced in ancient times. They were previously known as 'Ganikas.' According to the Puranas, a woman who shared her couch with two men was known as Kulata, a Darshini with three, Pungaschalea with four, and Veshya with five. Mahaveshyas were ladies who donated herself to groups of more than five persons. The Rig Veda makes several references to the fact that prostitution existed during the Rig Vedic period. Apsaras have been defined as women who engage in intentional sexual relations with Devatas and even humans. The love affairs of Urvasi and Pururava are depicted in the Rigveda 10.95 and subsequent creations. The Aryan emperors devised a system of guest prostitution based on the celestial court system. They rewarded rulers with accomplished, gorgeous, and virgin ladies as a symbol of friendship. Prostitution was an ackowledged occupation throughout the Brahamana Period, according to history. The prostitutes were known as vesya, and it is thought that they were formed to serve the vish, or tradesmen and merchants who were separated from their wives and homes. Courtesans were not just the outcasts of society throughout the Mahabharata period. They were occasionally invited by people of great social standing. They would dress in red, wear red garlands, and wear red gold trinkets. Prostitutes are mentioned in the Ramayana as taking part in the welcome festival for Rama after Bharata commanded them to join in the triumphant Rama's return. During the Mauryan period, a system of prostitution control was developed under the supervision of a superintendent known as the 'Ganikaadyaksha.' Prostitutes came in a variety of shapes and sizes, and they were paid differently. It was also known as 'Tawaifs' during the Mughal Empire.

CURRENT SITUATION IN INDIA - 'Sex Workers Entitled To Dignity'

"Under Article 21, every citizen in this country has a right to a dignified existence, regardless of occupation."

'Prostitution is a profession, and all sex workers are entitled to respect and equal protection under the law,' the Supreme Court held in a landmark decision. Furthermore, the Supreme Court has urged police authorities not to prosecute consensual sex workers. India is one of the top five countries in the world for prostitution, and a Supreme Court panel chaired by Justice L Nageswara Rao emphasised that voluntary sex work is not criminal. The Supreme Court heard a petition emphasizing the hardships that sex workers have endured as a result of the Covid-19 outbreak, and requested redress for nearly nine lakh women and transgender sex workers across India.

According to the Court, criminal law must be administered according to age and consent. According to India Today, the police have been ordered to take action and respect the law whenever a sex worker files a criminal, sexual, or other form of offence complaint. Because prostitution is not illegal in India, but running a brothel is, the Bench stated that voluntary sex workers should not be punished or mistreated whenever a brothel is raided. Furthermore, the Supreme Court has ordered that the government consult with sex workers or their representatives before making any policy choices, including planning, devising, and implementing any policy or programme for sex workers, or drafting any changes to sex work legislation.

Sex Workers' Education and Awareness Programs

The Court further mentioned that no child or sex worker must not be separated from their mother solely because they are involved in the sex trade. If a sex worker is sexually assaulted, she must be given access to all of the resources accessible to victims of sexual assault in India. Finally, the Supreme Court has ordered governments to run public awareness campaigns and educate sex workers about their rights, the legality of their occupation, police obligations, and what is forbidden and authorized under the law.

Legal aspects of Prostitution in India

While the profession has always been popular in India, its legal position has always been a source of contention, and many have called for it to be legalized over the years. Currently, the Indian Penal Code (IPC) does not make prostitution unlawful in the broad sense, but it does make numerous behaviors associated with it illegal. Sex workers can pursue their profession under the Immoral Traffic (Prevention) Act of 1986, however actions such as pimping and owning a brothel are illegal. Anyone who earns money through prostitution is likewise subject to the law. Procuring, inducing, or abducting a person for prostitution is also prohibited. The practice is also prohibited within a 200-meter radius of any public location, according to the law. A sex-worker must pick an isolated spot to engage in legal prostitution. This definitely casts doubt on the legality of prostitution as an occupation. Forced prostitution occurs when young children or teenagers are coerced to become prostitutes for a variety of reasons. Child prostitution, defined as the sale or purchase of juveniles for the purpose of prostitution, is punishable under the Indian Penal Code of 1860. Selling a minor for the purpose of prostitution is punishable by at least 10 years in prison under Section 372 of the Code. Buying a minor for the purpose of prostitution is punishable by 10 years in jail under Section 373 of the Indian Penal Code. Only minor females, not boys, are mentioned in the explanations for these sections.

CONCLUSION

Prostitution for sex workers was legalized primarily to protect their right to a dignified life under Article 21 of the Indian Constitution. Women are compelled to live as prostitutes, some with their own accord and others against their will. Poor, exploited women are taken advantage of to engage in sex work. Clients commit sexual assault and violence against prostitutes with the approval of brothel owners, who are paid additional money to allow clients to commit violent crimes against prostitutes. Prostitutes have virtually no protection or means of escaping this type of violence. Replacing these brutal mediators with government oversight will go a long way toward preventing atrocities against women committed in the name of prostitution. Sexual assaults, human trafficking, and exploitation of women may not be totally eradicated as a result of legalizing prostitution, but it can help them live a more dignified life. The kid of a prostitute will have the right to an education, and no school will be able to deny them entry. It may aid in the management of a family for some people. If prostitution is regulated in this way, social problems like exploitation and violence in the sex business can be drastically reduced. However, it will always be a social evil and destructive practice for society.

~Authored by Kumari Shruti

References

EVERY LAW IS UNIQUE

PROSTITUTION - A PROFESSION IN INDIA

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