Prostitution is regarded as one of the oldest occupations. Prostitution is something where one person indulges in sexual activity for money or different monetary assets. The immoral Traffic Prevention Act says that prostitution is nothing but sexual misuse of a person for commercial purposes. They might get involved in kind of sexual activities like heterosexual or homosexual activities. Prostitution in India is a Rs. 40,000 crore yearly business and 30% of the sex labourers are young people whose exploiters secure a mind-boggling measure of Rs. 11,000 crore.
As appeared by an audit, there are around 10 million sex experts in India out of which 100,000 are in Mumbai alone, Asia’s most noteworthy sex industry focus. There are around 3 00 000 to 5 00 000 young people in sex exchange India among which Bangalore near to five imperative urban zones together record for 80% of child whores in the nation. These figures are astounding and point towards the centrality of mediation of the State to check this essential underhandedness.
In the past time, sex workers were known as Vashya. Prostitution was considered a profession. But due to the passage of time, the people started taking it as bad practice and now the situation is that people have debated on the pros and cons of legalising prostitution in the courty.
Prostitution in Modern Era
India currently hosts some of the world’s largest red-light zones, such as Sonagachi in Kolkata, G.B Road in New Delhi and Kamathipura in Mumbai to name a few. Sonagachi is the second largest red-light area in Asia which is in Kolkata [3]. Prostitution is illegal in India, but there are a range of other practices including public prostitution, kerb crawling, running or operating a brothel, pandering and pimping are considered as crimes. The first legislation relating to prostitution in independent India was ‘The Immoral Traffic Supression Act 1956’, according to which prostitutes may trade privately but cannot legally attract or seduce customers in public as well as indulge in any sex trade within 200 yards of a public place. Brothel or pimping management was also considered a criminal offence. This legislation was later replaced by the law which was intended to gradually eliminate prostitution in India through criminalization of various aspects of sex work. But prostitution is prevalent in Indian Culture even today and there is now a fierce debate going on about legalizing it as an occupation.
Between 1997 and 2004, the number of female sex workers rose by around 50 per cent[4]. The Ministry of Women and Child Development reported the presence which says that about 3 million female sex workers are currently involved in prostitution that are below the age of 18. A 1996 study by Freidman shows that girls kept in prostitution by debt-bondage require some 15 years obtaining their freedom.
Reasons for taking prostitution as an occupation by women
A person’s reason for choosing prostitution may be numerous but the two key reasons that come to light are either women who choose it as a career are compelled to do so or they have to choose it because of their socio-economic circumstances. People who are interested in this occupation often pursue prostitution as a career because they have no other choices for survival. The study by the ILO [International Labour Organization] states that most women choose prostitution on economic grounds.
Factors conductive to prostitution
Since prostitution has its roots deep in the fabric of society as argued by many, it is thus difficult to classify all factors responsible for prostitution. Among the major factors contributing to prostitution, a woman sub-coordinating to men’s social and economic factors has been cited. Some research studies suggested the following factors to be conducive to prostitution:
Abduction
This is the most common cause. Young girls are kidnapped in some or the other ways from their homes crushing their agency of choice. People usually abduct in the course of time when girls go to movies by walking on roads, when they travel to their relatives towns through some domestic way. Contrary to common beliefs, most kidnappers are females or couples. Incidences of prostitution by abduction is estimated to be 35 percent.
Rape
Approximately 6 per cent of girls committing prostitution take place after they face rape attempt. It is said that when girls are getting raped, they will face huge social dilemmas in society as they cannot show their true essence at home of being a clean and healthy woman. these kind of rape victims are not often welcomed at home and to live a normal life in their own habitat. the main drawback is that because of many delays in recognizing the people who are for the reason of getting them raped and failed to hold them as wrong doer which is due to no proper execution of the registered cases, thus rape victims are there in the society now and then. When they don’t find any safe place in society and when isolated from homes, they will undoubtedly take their way to the same brothel areas where they were induced and were manipulated to get earnings for their basic needs. About 8 per cent of the girls came to prostitution following the incidents of incest. When the young victim of incest at home is abused and treated alike, she will not probably foresee protection anywhere in society and ends up in prostitution gradually. In certain circumstances, we have come across some of these kinds of cases where the girls were solely sold by their own fathers, uncles or the brothers-in-law after conducing them to incest.
Social factors in prostitution
In common embodiments of Hindu culture in India it is said that the people who have encountered sexuality are considered ‘used goods’ and are unselected to get married. It is considered that women without a husband obviously will not have an adequate source of income; and she also cannot wear the marriage bindi[5]. If a woman’s husband dies, she has essentially outlived her purpose and because she is not a virgin, so when a woman gets widowed or divorced then she is least likely to get married again and it’s difficult for her to live a life of dignity further facing this social stigma. “Bride burnings” in some rural areas in India, in which a woman burns herself to death on behalf of her husband’s funeral, which still occurs. If such strong cultural ideas and as they are confronted by these kind of social stigma which are mixed with the influence of religion or deprivation, thus more people are being forced into prostitution. For example, a girl might become a street child because her mother died and the new spouse of her father won’t accept her. As a street child, she may be periodically kidnapped along with her fellow vagabonds for crimes, which they may or may not have committed. Therefore, they are then used as sex trader and she may decide to become a prostitute in order to support herself and find her a place in the broken world where she is supposed to reside.
Bad neighborhood
The children living near brothel areas or in association with such rape, abduction and social factors become so used to seeing sex trade that they come to accept it as normal. The children who are introduced to the sex industry want to have such thrilling encounters at the first opportunity possible. A recent study of an American slum showed a woman over fifty will attract a couple of boys to another apartment and give them food and drink.
Illegitimate motherhood
The women who get pregnant as a result of their intimacies and illegal cooperation such as forcefully getting them to involve in sex and who cannot get abortion and get revealed in the society as they treat them isolated form other people if they do not get married or is deprived of relationship with their family hence, nobody wants to marry them but rather it will lead again to the sex traders enjoying them sexually and as for their prey. Hence, to avoid themselves from facing social stigma and confronted in the society they prefer to accept themselves as prey for sex traders and earn basic income for their economic well-being.
Pyschological causes
There are some psychological facts which tend the person towards prostitution. A woman who is frigid becomes desperate [6]. Because of that she is least likely to experience pleasure and becomes a regular prostitute by way of trial and error as they try one man after the other. Some women do not subject themselves for these kinds of acts. In order to assert their independence they consort with other men. There is a psychological abnormality here which is known as troilism. A husband who is suffering from troilism likes to see her submit to another man’s embrace, often he likes another woman to touch his wife physically and at the same time he sodomites her. It is not possible to go into the full range of psychological factors.
Religious and cultural factors
In India prostitution has been subjected to religious sanctions. Each family in the South was supposed to give a daughter to the temple where she was supposed to serve gods with absolute devotion. They were known as devadasi’s –god-slaves. But they did lead a life of prostitution in actual reality. The ancient and medieval Indian prostitutes enjoyed the status of courtesans that is, courtiers and kings who gave pleasure to girls. There courtesans enjoyed high status in Indian society as well as onboard other religious sects, in which the priest has the right to deflower every newly married daughter. The polyandry and polygamy as practiced greatly are easily made accepted to the prostitution.
Miseries and sufferings of prostitutes
Most of these sex workers are treated inhumanly at the early stage of their stay at the brothel (a unit of prostitution). They are often beaten so as to make them alive with fear in their minds and not to open up to others. Such employees have accomplished what the brothel owner wants and desires to then again remain practically under house arrest to avoid their escape. Only a small part of their earnings is allotted to them. The government estimations say that there are total three million people who are involved in sex trade in India, most of them are highly affected by not only HIV but from various other sexually transmitted diseases. The emotional health includes severe trauma, stress, depression, anxiety, self-medication through alcohol and drug abuse, and eating disorders. Girls in prostitution are also at high risk of self-mutilation, suicide and murder. They don’t have a reliable access to medical or health care facilities as they are made apart from their families and have no pretty income to utilize for taking care of their health and body as they are highly exploited through the male customers.![Prostitution is regarded as one of the oldest occupations. Prostitution is something where one person indulges in sexual activity for money or different monetary assets. Immoral Traffic Prevention Act says that prostitution is nothing but sexual misuse of a person for commercial purposes. They might get involved in kind of sexual activities like heterosexual or homosexual activities. Prostitution in India is a Rs. 40,000 crore yearly business and 30% of the sex labourers are young people whose exploiters secure a mind-boggling measure of Rs. 11,000 crore.As appeared by an audit, there are around 10 million sex experts in India out of which 100,000 are in Mumbai alone, Asia's most noteworthy sex industry focus. There are around 3 00 000 to 5 00 000 young people in sex exchange India among which Bangalore near to five imperative urban zones together record for 80% of child whores in the nation. These figures are astounding and point towards the centrality of mediation of the State to check this essential underhandedness.In the past time, sex workers were known as Vashya. Prostitution was considered a profession. But due to the passage of time, the people started taking it as bad practice and now the situation is that people have debated on the pros and cons of legalising prostitution in the courty.Prostitution in Modern Era India currently hosts some of the world's largest red-light zones, such as Sonagachi in Kolkata, G.B Road in New Delhi and Kamathipura in Mumbai to name a few. Sonagachi is the second largest red-light area in Asia which is in Kolkata [3]. Prostitution is illegal in India, but there are a range of other practices including public prostitution, kerb crawling, running or operating a brothel, pandering and pimping are considered as crimes. The first legislation relating to prostitution in independent India was 'The Immoral Traffic Supression Act 1956', according to which prostitutes may trade privately but cannot legally attract or seduce customers in public as well as indulge in any sex trade within 200 yards of a public place. Brothel or pimping management was also considered a criminal offence. This legislation was later replaced by the law which was intended to gradually eliminate prostitution in India through criminalization of various aspects of sex work. But prostitution is prevalent in Indian Culture even today and there is now a fierce debate going on about legalizing it as an occupation.Between 1997 and 2004, the number of female sex workers rose by around 50 per cent[4]. The Ministry of Women and Child Development reported the presence which says that about 3 million female sex workers are currently involved in prostitution that are below the age of 18. A 1996 study by Freidman shows that girls kept in prostitution by debt-bondage require some 15 years obtaining their freedom. Reasons for taking prostitution as an occupation by womenA person's reason for choosing prostitution may be numerous but the two key reasons that come to light are either women who choose it as a career are compelled to do so or they have to choose it because of their socio-economic circumstances. People who are interested in this occupation often pursue prostitution as a career because they have no other choices for survival. The study by the ILO [International Labour Organization] states that most women choose prostitution on economic grounds.Factors conductive to prostitutionSince prostitution has its roots deep in the fabric of society as argued by many, it is thus difficult to classify all factors responsible for prostitution. Among the major factors contributing to prostitution, a woman sub-coordinating to men’s social and economic factors has been cited. Some research studies suggested the following factors to be conducive to prostitution:AbductionThis is the most common cause. Young girls are kidnapped in some or the other ways from their homes crushing their agency of choice. People usually abduct in the course of time when girls go to movies by walking on roads, when they travel to their relatives towns through some domestic way. Contrary to common beliefs, most kidnappers are females or couples. Incidences of prostitution by abduction is estimated to be 35 percent.RapeApproximately 6 per cent of girls committing prostitution take place after they face rape attempt. It is said that when girls are getting raped, they will face huge social dilemmas in society as they cannot show their true essence at home of being a clean and healthy woman. these kind of rape victims are not often welcomed at home and to live a normal life in their own habitat. the main drawback is that because of many delays in recognizing the people who are for the reason of getting them raped and failed to hold them as wrong doer which is due to no proper execution of the registered cases, thus rape victims are there in the society now and then. When they don’t find any safe place in society and when isolated from homes, they will undoubtedly take their way to the same brothel areas where they were induced and were manipulated to get earnings for their basic needs. About 8 per cent of the girls came to prostitution following the incidents of incest. When the young victim of incest at home is abused and treated alike, she will not probably foresee protection anywhere in society and ends up in prostitution gradually. In certain circumstances, we have come across some of these kinds of cases where the girls were solely sold by their own fathers, uncles or the brothers-in-law after conducing them to incest.Social factors in prostitutionIn common embodiments of Hindu culture in India it is said that the people who have encountered sexuality are considered 'used goods' and are unselected to get married. It is considered that women without a husband obviously will not have an adequate source of income; and she also cannot wear the marriage bindi[5]. If a woman’s husband dies, she has essentially outlived her purpose and because she is not a virgin, so when a woman gets widowed or divorced then she is least likely to get married again and it’s difficult for her to live a life of dignity further facing this social stigma. “Bride burnings” in some rural areas in India, in which a woman burns herself to death on behalf of her husband’s funeral, which still occurs. If such strong cultural ideas and as they are confronted by these kind of social stigma which are mixed with the influence of religion or deprivation, thus more people are being forced into prostitution. For example, a girl might become a street child because her mother died and the new spouse of her father won't accept her. As a street child, she may be periodically kidnapped along with her fellow vagabonds for crimes, which they may or may not have committed. Therefore, they are then used as sex trader and she may decide to become a prostitute in order to support herself and find her a place in the broken world where she is supposed to reside.Bad neighborhoodThe children living near brothel areas or in association with such rape, abduction and social factors become so used to seeing sex trade that they come to accept it as normal. The children who are introduced to the sex industry want to have such thrilling encounters at the first opportunity possible. A recent study of an American slum showed a woman over fifty will attract a couple of boys to another apartment and give them food and drink.Illegitimate motherhoodThe women who get pregnant as a result of their intimacies and illegal cooperation such as forcefully getting them to involve in sex and who cannot get abortion and get revealed in the society as they treat them isolated form other people if they do not get married or is deprived of relationship with their family hence, nobody wants to marry them but rather it will lead again to the sex traders enjoying them sexually and as for their prey. Hence, to avoid themselves from facing social stigma and confronted in the society they prefer to accept themselves as prey for sex traders and earn basic income for their economic well-being.Pyschological causesThere are some psychological facts which tend the person towards prostitution. A woman who is frigid becomes desperate [6]. Because of that she is least likely to experience pleasure and becomes a regular prostitute by way of trial and error as they try one man after the other. Some women do not subject themselves for these kinds of acts. In order to assert their independence they consort with other men. There is a psychological abnormality here which is known as troilism. A husband who is suffering from troilism likes to see her submit to another man's embrace, often he likes another woman to touch his wife physically and at the same time he sodomites her. It is not possible to go into the full range of psychological factors.Religious and cultural factorsIn India prostitution has been subjected to religious sanctions. Each family in the South was supposed to give a daughter to the temple where she was supposed to serve gods with absolute devotion. They were known as devadasi’s –god-slaves. But they did lead a life of prostitution in actual reality. The ancient and medieval Indian prostitutes enjoyed the status of courtesans that is, courtiers and kings who gave pleasure to girls. There courtesans enjoyed high status in Indian society as well as onboard other religious sects, in which the priest has the right to deflower every newly married daughter. The polyandry and polygamy as practiced greatly are easily made accepted to the prostitution.Miseries and sufferings of prostitutesMost of these sex workers are treated inhumanly at the early stage of their stay at the brothel (a unit of prostitution). They are often beaten so as to make them alive with fear in their minds and not to open up to others. Such employees have accomplished what the brothel owner wants and desires to then again remain practically under house arrest to avoid their escape. Only a small part of their earnings is allotted to them. The government estimations say that there are total three million people who are involved in sex trade in India, most of them are highly affected by not only HIV but from various other sexually transmitted diseases. The emotional health includes severe trauma, stress, depression, anxiety, self-medication through alcohol and drug abuse, and eating disorders. Girls in prostitution are also at high risk of self-mutilation, suicide and murder. They don’t have a reliable access to medical or health care facilities as they are made apart from their families and have no pretty income to utilize for taking care of their health and body as they are highly exploited through the male customers.Types of ProstitutesWe can characterize the forms of prostitution or sex work in the following ways:ESCOT/ CallgirlThey work independently in hotels or private buildings and charge high price rates.Brothel ProstitutesThey work in brothels which are mostly managed by ex-prostitutes.Street prostitutesThey stand and request their customers and then they take their customers to an assigned place.Other types of the prostituteThese include massage parlour workers and bar dancers who perform sexual acts in exchange for some monetary benefits.Sufferings of the sex workersMost of these labourers are dealt with barbarically at the beginning time of their remain in their place of residence. Their psyche is made dread by constantly beating them. When the sex labourers get in the age of engaging the clients they are truly compelled to do as such. Sex labourers essentially stay under house capture to forestall their escape. A significant number of them stated that they had been constrained to become sex labourers to get away from neediness, however, the lockdown has again carried them to the skirt of starvation. With no business coming their way, with no inflow of normal money and nonattendance of a government-managed savings net or wellbeing spread these sex labourers are seeing a portion of the most noticeably awful days of their lives and are in no place.The kids of the sex labourers live in these soiled quarters and much of the time neither do they find the opportunity to go to school and nor do they appreciate a solid youth. Youngsters that are born in brothels grow up without a sense of identity and at whatever point they step outside, the world looks at them with uncertainty and disdain and never permits them equivalent access to circumstances that kids in the outside world have available to them.Laws related to prostitution in IndiaThese are some laws related to prostitution in India:Immoral Traffic (prevention) act, 1956In 1950 the Government of India endorsed the International Convention for the Suppression of Immoral Traffic in Persons and the Exploitation of the Prostitution of others. In 1956 India passed the Suppression of Immoral Traffic in Women and Girls Act, 1956 (SITA). The exhibition was also amended and changed in 1986, realizing the Immoral Traffic Prevention Act in any case called PITA. Improper Traffic Prevention Act, 1986 PITA just looks at managing as indicated by prostitution and not comparing to various inspirations driving managing, for instance, neighbourhood work, kid work, organ gathering, etc.Coming up next is a structure of the game plans in this law that identifies with kids under the age of 18. The showing portrays a kid as any person who has completed eighteen years of age. The chief portion of the showing has courses of action that plot the bad behaviour of prostitution and the order for asserting a whorehouse or an amount establishment, or for the living of salary of prostitution as is by virtue of a pimp.Section five of the show communicates that if an individual acquires, incites or takes an adolescent with the ultimate objective of prostitution then the prison sentence is, in any event, seven years yet can be contacted life. To ensure that the people in the chain of managing are also viewed as skilled the showing has a course of action that communicates that any individual drew in with the choosing, transportation, moving, holding, or tolerating of individuals with the ultimate objective of prostitution if reprehensible of managing. In addition, any individual attempting to submit managing or found in the place with a scandal history or visiting the back rub parlour is blamable under this law.In case an individual at whatever point found with a child it is acknowledged that he has kept that kid there with the ultimate objective of sex and in this way will be at fault to multi-year in prison up to life confinement, or a term which may loosen up to multi-year and moreover a biggest fine of one lakh rupees. If a child is found in a place with a scandal history and after clinical evaluation has been found to have been unequivocally misused, it is acknowledged that the adolescent has been restricted with the ultimate objective of prostitution.Any individual submitting prostitution out in the open with a child will be blamable to multi-year in prison up to life confinement, or a term which may loosen up to multi-year and moreover a most outrageous fine of one lakh rupees. If prostitution of an adolescent is being devoted with data on an establishment owner, for instance, a hotel the grant of the housing is likely going to be dropped nearby the given prison sentence and furthermore fines.Any child found in a back rub parlour or being misused with the ultimate objective of prostitution can be placed in an association for their prosperity by an official. Owners, leasers, owners, experts of the owner who unknowingly as of late rented their property to an individual seen as the subject of subverting a child, must get underwriting from equity before re-leasing their property for quite a while after the solicitation is passed. In 2006, the Ministry of Women and Child Development proposed a modification charge that despite everything can't be passed. The update doesn't by and large concern any of the game plans related to the child yet has various noteworthy repercussions for the benefit of women sex workers.Section 354 of IPCSection 354 of IPC states that when with no assent of the women, demonstrations of any sort of physical assault or purposeful power are perpetrated to outrage her modesty, at that point, the offender will be fined or imprisoned for 2 years of detainment or sentenced with both; it guarantees disciplines and punishments for the wrongdoers who carry out violations against women and explicitly misuse them.The legality of prostitution in IndiaProstitution is not illegal in India but there are many conditions that make it illegal such as:Managing a brothelA brothel is a place where the sex workers remain in a group for prostitution. If any person is managing a brothel, he will be punished by the law.Living on the money earned from the prostitutionNo person should be living only on the money earned by prostitution. There must be any other work of the person on what he or she can survive. However, it is not the condition for legalizing prostitution. But if a person is in the profession of prostitution and also working in another field then what will be the scenario?Luring a person into prostitutionNo male or female should be luring a person into prostitution. If any person is found doing such activity, he will be punished. But if both are ready without any force, is it ok?Trafficking of children and women for prostitution etc.If any of the people found doing trafficking of children of women for prostitution, he will be punished. if a person is in prostitution with free choice will it be legal?Pros of legalizing prostitution
Reduction in Human TraffickingLegalizing prostitution lessens human trafficking and additionally decreases viciousness against them Such as assault, murder, constrained sex and so on. This can be comprehended with the assistance of financial matters. Decriminalization of prostitution will reduce deliberate prostitution in light of the peril of conviction. This risk is moreover for the dealer anyway less harsh, as though there ought to emerge an event of arraignment the loss bears the criminal discipline yet the dealer bears only a pay disaster. Decriminalization of prostitution will reduce deliberate prostitution which will along these lines put an upward weight on an incentive thus, boosting the dealer. In this manner, as opposed to diminishing human dealing, decriminalization will, in general, grow it. further, as prostitution is condemned, the prostitutes and johns won't will in general report human dealing fearing prostitution.Prostitution is a choicesome of the groups related to prostitution said they many sex workers enter into prostitution with their choice. It should be treated as work as other works in society. if any person enters into prostitution with free will, then he should not be stopped by anybody.It will keep safe sex workersNot legalising prostitution means the sex workers will not be able to file the FIR in the police station if any mishaps occur with them. But if the government legalise prostitution, it will give them the right to work together and they can work together in one building. It will keep them safe from any abuse because they will work in a group and will be safe.Free consentAs per the report, it has been seen that many of the females entered into prostitution with their free consent. No one is pressuring them to do so, but it is their free will to do such work.Health BenefitsLegalizing prostitution would make sex labourers life better and more advantageous. As per an examination held by The BBC, It was discovered that when the sex labourers demand the customers to utilize condoms, they won't do as such and get cruel on the labourers. This prompts dangerous sex because of which there is a significant level of illnesses transmitted like HIV/AIDS and different maladies. Legalizing this would make the customers use condoms mandatorily and the sex labourers can likewise complete a normal check for the equivalent.Incomeone of the fundamental reasons why individuals indulge in prostitution is a result of destitution. Because of destitution, they need training. The absence of education prompts joblessness and for their living, they indulge themselves in prostitution. Such individuals are denied and have no other method to gain cash. Some do it because of decisions (for their living) and some of them do it because of obligation (to gain for their family and win salary. Like, kids). The subsequent class individuals are the individuals who indulge themselves for their families and primarily the individuals who don't have monetary help, as in, spouse or guardians. Also, some of the time, they are not paid a sufficient sum for the administration gave. Legalizing prostitution would assist prostitutes with acquiring satisfactory pay and fulfilling their fundamental needs. These costs would be fixed and the equivalent would enable these prostitutes to have a better life with a superior life.Taxeslegalization would not just advantage the individuals and the sex labourers also the state. Forcing taxes on brothels would diminish the interest and by this, the state would likewise bring about salary. It is assessed that prostitution causes 21 lakh crore on a yearly premise. At the point when the costs are high, the clients likewise decline and when the interest lessens, there would befall in such exercises. As indicated by Richard Posner, when duties are forced on such exercises, the interest for similar declines. The higher the costs, bring down the interest. As indicated by him, tax avoidance or value fixing is the best answer for criminal offences. With this, brutality would likewise diminish i.e., dealing, assault and so on.Protection by PoliceLegalizing prostitution would give police security in instances of crisis. Illicit prostitution faces a lot of issues. The women are into inconvenience. What's more, these denied ladies no asset of help. Giving protection would dodge savagery and furthermore shield prostitutes from brutal clients.Cons of legalizing prostitution
No guarantee to stop human traffickingNo one can say that if prostitution would be legal, it will stop human trafficking. The persons who are the victims of human trafficking are pushed to work in many fields, like labour, sex workers and also as child labour.Not promote the health of womenThe woman who will work as a sex work will always remain the suspect of bad health. There would be a need for women safety.Prostitution may increase child prostitutionIt would be the worst part of legalising prostitution that it may increase child prostitution. In India, poverty is at its peak. everyone wants to earn money. The people who are using children as labour without knowing the importance of education may force these children to do prostitution to earn more money.It may serve as a gift to the sex industryThere are chances that prostitution is taken as a gift to the sex industry. more and more girls will think to make a future in the sex industry. We should focus on the importance of girls education, not on these industries.The chance that adultery would increaseAdultery is not a crime anymore in India, but it is the ground for divorce in India. If prostitution would be legal in India, it is obvious that it will affect the marriage relationship between husband and wife because marriage is a written contract between the spouses. Adultery is considered as a breach of contract in case of marriage and a solid ground for the divorce.Bad impact on childrenit is obvious and one of the main cons of prostitution is that it will cause a bad impact on children by seeing prostitution without any restriction.It will make the sex worker morality downIf prostitution becomes legal in the country, everyone will know who is working as a sex worker and it may discriminate against that person and make his morality down in society.FAQ related to the prostitution
Is Prostitution legal in India?
Prostitution is not illegal in India but there are many conditions that make it illegal such as: managing a brothel, living on the money earned from prostitution, luring a person into prostitution, trafficking of children and women for prostitution etc.
What is the cause of prostitution?
The main reason behind prostitution is POVERTY and UNEMPLOYMENT. In the present time, there is so much poverty that encourages people to do prostitution. Due to unemployment, many people choose prostitution so that they can earn some money from this work.
What is an example of prostitution?
When two persons do sex and one takes the money in return, it is called prostitution. In prostitution, both mutually agree to do sex but one person has the motive to earn money from this act.
Preventive measures to tackle the problem of prostitution
There's been a lot of movement to close the brothels and the areas that promote prostitution. The bill “Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill”, was passed in the year 2018, which seeks to combat this illicit trade practice but it has been contradicted by various sex traders by saying that they will be abused more by police than before as a result of laws enacted for anti-trafficking. Furthermore, some necessary steps are required to root out our evil below:
Sex Education: All men and women should be informed of the adversely affected diseases such as caused by venereal or sexually transmitted diseases and the causes of these diseases. They should be given knowledge through different steps to educate them and make them understand its cause and effect on marital and family relationships. An early age should be taught the virtues of self-discipline. There would be a sex education provision in schools and colleges for young people. Relevant sex education literature should be circulated to the young by other social welfare organizations. In this direction also works the Association for Moral and Social Hygiene in India. Female education is also effective in the prevention of unintended pregnancies before and after marriage.
Employment opportunities for Women: Girls and women are forced to take up this profession because of extreme poverty. Hence training and education should be provided to them. Imparting education, training and skills will increase the employability of women in the job market. Economic empowerment will prevent this degraded occupation from entering poor women.
Abolition of Certain Social Customs: Widow remarriage should be encouraged. With the Widow Remarriage Act, the window became free to marry. Unfortunately the restriction of society on widow marriage has perpetuated. The dowry system that prevented many girls from getting married should be fully prevented in practice. There is an urgent need to reform the mindset of society towards widowed wedlock, dowry and devadasi.
Double Standards of morality have to be discouraged: The notation of double standards of morality should be discouraged. As Smt. Ranganayaki observes, “It is in reality impossible to have double standard morally in matters of sex for without male chastity, female chastity is impossible. As a result of a double standard of morality which demands a woman to be chaste, and expects a man to be irregular and for their developed tolerated vice"[7].
Publicity and propaganda: Public should be made known to the legislations and if such nuisances in their areas are found then, immediately they should feel open to report this event. Furthermore, films based on sex and pornographic content should not be encouraged. The current younger generation has unrestricted internet access to some of the sites which contains sex literature and void videos which can bring down the moral standards among youngsters, hence, parents should be cautious about the internet habits of their children and their addictions.
Setting up of Venereal Disease Clinics in surrounding colonies of brothel areas: Special Venereal Disease Clinics should be opened to treat the victims those having venereal diseases. Diagnostic services should be made available for disadvantaged groups such as prostitutes and lorry drivers conducting themselves to sex trade.
Bulletins: Pamphlets should be issued to create public awareness about the illegal human trafficking. If they suffer from any kind venereal diseases or STDs, the public should be urged to seek care immediately. In addition, free blood testing and care in all antenatal cases should be enforced to ensure that young, healthy children are born free of congenital diseases and traits.
ConclusionIn India, with differing cultural fixings, Prostitution is typically looked down on because of the idea of the calling. Sex labourers live in a society framed by their own. Through the course of exploration, it tends to be seen that authorizing prostitution would profit the individuals, prostitutes just as the state. In spite of the fact that prostitution has been occurring in our nation for numerous years, it as yet glances down in our general public. It would profit the prostitutes from numerous points of view like, a better workplace, impose rights and duties on them, the working conditions would be improved and so on., it would profit the state by methods for acquiring salary through which the state would have better authority over such exercises.Why is Law important in our Society?It likewise forces a privilege on the state to have authority over such exercises and furthermore by enabling them to direct these exercises. With legalization, the sex workers issues will be diminished. One of the primary wrongdoing that is, dealing would be diminished by and large. There must likewise be a differentiation made between sex labourers who have taken up this calling on their own will and sex labourers who have been compelled to carry out this responsibility.](https://effectivelaws.com/wp-content/uploads/2021/01/8-Pros-and-Cons-of-Legalising-Prostitution-in-India.jpg)
Types of Prostitutes
We can characterize the forms of prostitution or sex work in the following ways:
ESCOT/ Callgirl
They work independently in hotels or private buildings and charge high price rates.
Brothel Prostitutes
They work in brothels which are mostly managed by ex-prostitutes.
Street prostitutes
They stand and request their customers and then they take their customers to an assigned place.
Other types of the prostitute
These include massage parlour workers and bar dancers who perform sexual acts in exchange for some monetary benefits.
Sufferings of the sex workers
Most of these labourers are dealt with barbarically at the beginning time of their remain in their place of residence. Their psyche is made dread by constantly beating them. When the sex labourers get in the age of engaging the clients they are truly compelled to do as such. Sex labourers essentially stay under house capture to forestall their escape. A significant number of them stated that they had been constrained to become sex labourers to get away from neediness, however, the lockdown has again carried them to the skirt of starvation. With no business coming their way, with no inflow of normal money and nonattendance of a government-managed savings net or wellbeing spread these sex labourers are seeing a portion of the most noticeably awful days of their lives and are in no place.
The kids of the sex labourers live in these soiled quarters and much of the time neither do they find the opportunity to go to school and nor do they appreciate a solid youth. Youngsters that are born in brothels grow up without a sense of identity and at whatever point they step outside, the world looks at them with uncertainty and disdain and never permits them equivalent access to circumstances that kids in the outside world have available to them.
Laws related to prostitution in India
These are some laws related to prostitution in India:
Immoral Traffic (prevention) act, 1956
In 1950 the Government of India endorsed the International Convention for the Suppression of Immoral Traffic in Persons and the Exploitation of the Prostitution of others. In 1956 India passed the Suppression of Immoral Traffic in Women and Girls Act, 1956 (SITA). The exhibition was also amended and changed in 1986, realizing the Immoral Traffic Prevention Act in any case called PITA. Improper Traffic Prevention Act, 1986 PITA just looks at managing as indicated by prostitution and not comparing to various inspirations driving managing, for instance, neighbourhood work, kid work, organ gathering, etc.
Coming up next is a structure of the game plans in this law that identifies with kids under the age of 18. The showing portrays a kid as any person who has completed eighteen years of age. The chief portion of the showing has courses of action that plot the bad behaviour of prostitution and the order for asserting a whorehouse or an amount establishment, or for the living of salary of prostitution as is by virtue of a pimp.
Section five of the show communicates that if an individual acquires, incites or takes an adolescent with the ultimate objective of prostitution then the prison sentence is, in any event, seven years yet can be contacted life. To ensure that the people in the chain of managing are also viewed as skilled the showing has a course of action that communicates that any individual drew in with the choosing, transportation, moving, holding, or tolerating of individuals with the ultimate objective of prostitution if reprehensible of managing. In addition, any individual attempting to submit managing or found in the place with a scandal history or visiting the back rub parlour is blamable under this law.
In case an individual at whatever point found with a child it is acknowledged that he has kept that kid there with the ultimate objective of sex and in this way will be at fault to multi-year in prison up to life confinement, or a term which may loosen up to multi-year and moreover a biggest fine of one lakh rupees. If a child is found in a place with a scandal history and after clinical evaluation has been found to have been unequivocally misused, it is acknowledged that the adolescent has been restricted with the ultimate objective of prostitution.
Any individual submitting prostitution out in the open with a child will be blamable to multi-year in prison up to life confinement, or a term which may loosen up to multi-year and moreover a most outrageous fine of one lakh rupees. If prostitution of an adolescent is being devoted with data on an establishment owner, for instance, a hotel the grant of the housing is likely going to be dropped nearby the given prison sentence and furthermore fines.
Any child found in a back rub parlour or being misused with the ultimate objective of prostitution can be placed in an association for their prosperity by an official. Owners, leasers, owners, experts of the owner who unknowingly as of late rented their property to an individual seen as the subject of subverting a child, must get underwriting from equity before re-leasing their property for quite a while after the solicitation is passed. In 2006, the Ministry of Women and Child Development proposed a modification charge that despite everything can’t be passed. The update doesn’t by and large concern any of the game plans related to the child yet has various noteworthy repercussions for the benefit of women sex workers.
Section 354 of IPC
Section 354 of IPC states that when with no assent of the women, demonstrations of any sort of physical assault or purposeful power are perpetrated to outrage her modesty, at that point, the offender will be fined or imprisoned for 2 years of detainment or sentenced with both; it guarantees disciplines and punishments for the wrongdoers who carry out violations against women and explicitly misuse them.
The legality of prostitution in India
Prostitution is not illegal in India but there are many conditions that make it illegal such as:
Managing a brothel
A brothel is a place where the sex workers remain in a group for prostitution. If any person is managing a brothel, he will be punished by the law.
Living on the money earned from the prostitution
No person should be living only on the money earned by prostitution. There must be any other work of the person on what he or she can survive. However, it is not the condition for legalizing prostitution. But if a person is in the profession of prostitution and also working in another field then what will be the scenario?
Luring a person into prostitution
No male or female should be luring a person into prostitution. If any person is found doing such activity, he will be punished. But if both are ready without any force, is it ok?
Trafficking of children and women for prostitution etc.
If any of the people found doing trafficking of children of women for prostitution, he will be punished. if a person is in prostitution with free choice will it be legal?
Pros of legalizing prostitution
Reduction in Human Trafficking
Legalizing prostitution lessens human trafficking and additionally decreases viciousness against them Such as assault, murder, constrained sex and so on. This can be comprehended with the assistance of financial matters. Decriminalization of prostitution will reduce deliberate prostitution in light of the peril of conviction. This risk is moreover for the dealer anyway less harsh, as though there ought to emerge an event of arraignment the loss bears the criminal discipline yet the dealer bears only a pay disaster. Decriminalization of prostitution will reduce deliberate prostitution which will along these lines put an upward weight on an incentive thus, boosting the dealer. In this manner, as opposed to diminishing human dealing, decriminalization will, in general, grow it. further, as prostitution is condemned, the prostitutes and johns won’t will in general report human dealing fearing prostitution.
Prostitution is a choice
some of the groups related to prostitution said they many sex workers enter into prostitution with their choice. It should be treated as work as other works in society. if any person enters into prostitution with free will, then he should not be stopped by anybody.
It will keep safe sex workers
Not legalising prostitution means the sex workers will not be able to file the FIR in the police station if any mishaps occur with them. But if the government legalise prostitution, it will give them the right to work together and they can work together in one building. It will keep them safe from any abuse because they will work in a group and will be safe.
Free consent
As per the report, it has been seen that many of the females entered into prostitution with their free consent. No one is pressuring them to do so, but it is their free will to do such work.
Health Benefits
Legalizing prostitution would make sex labourers life better and more advantageous. As per an examination held by The BBC, It was discovered that when the sex labourers demand the customers to utilize condoms, they won’t do as such and get cruel on the labourers. This prompts dangerous sex because of which there is a significant level of illnesses transmitted like HIV/AIDS and different maladies. Legalizing this would make the customers use condoms mandatorily and the sex labourers can likewise complete a normal check for the equivalent.
Income
one of the fundamental reasons why individuals indulge in prostitution is a result of destitution. Because of destitution, they need training. The absence of education prompts joblessness and for their living, they indulge themselves in prostitution. Such individuals are denied and have no other method to gain cash. Some do it because of decisions (for their living) and some of them do it because of obligation (to gain for their family and win salary. Like, kids). The subsequent class individuals are the individuals who indulge themselves for their families and primarily the individuals who don’t have monetary help, as in, spouse or guardians. Also, some of the time, they are not paid a sufficient sum for the administration gave. Legalizing prostitution would assist prostitutes with acquiring satisfactory pay and fulfilling their fundamental needs. These costs would be fixed and the equivalent would enable these prostitutes to have a better life with a superior life.
Taxes
legalization would not just advantage the individuals and the sex labourers also the state. Forcing taxes on brothels would diminish the interest and by this, the state would likewise bring about salary. It is assessed that prostitution causes 21 lakh crore on a yearly premise. At the point when the costs are high, the clients likewise decline and when the interest lessens, there would befall in such exercises. As indicated by Richard Posner, when duties are forced on such exercises, the interest for similar declines. The higher the costs, bring down the interest. As indicated by him, tax avoidance or value fixing is the best answer for criminal offences. With this, brutality would likewise diminish i.e., dealing, assault and so on.
Protection by Police
Legalizing prostitution would give police security in instances of crisis. Illicit prostitution faces a lot of issues. The women are into inconvenience. What’s more, these denied ladies no asset of help. Giving protection would dodge savagery and furthermore shield prostitutes from brutal clients.
Cons of legalizing prostitution
No guarantee to stop human trafficking
No one can say that if prostitution would be legal, it will stop human trafficking. The persons who are the victims of human trafficking are pushed to work in many fields, like labour, sex workers and also as child labour.
Not promote the health of women
The woman who will work as a sex work will always remain the suspect of bad health. There would be a need for women safety.
Prostitution may increase child prostitution
It would be the worst part of legalising prostitution that it may increase child prostitution. In India, poverty is at its peak. everyone wants to earn money. The people who are using children as labour without knowing the importance of education may force these children to do prostitution to earn more money.
It may serve as a gift to the sex industry
There are chances that prostitution is taken as a gift to the sex industry. more and more girls will think to make a future in the sex industry. We should focus on the importance of girls education, not on these industries.
The chance that adultery would increase
Adultery is not a crime anymore in India, but it is the ground for divorce in India. If prostitution would be legal in India, it is obvious that it will affect the marriage relationship between husband and wife because marriage is a written contract between the spouses. Adultery is considered as a breach of contract in case of marriage and a solid ground for the divorce.
Bad impact on children
it is obvious and one of the main cons of prostitution is that it will cause a bad impact on children by seeing prostitution without any restriction.
It will make the sex worker morality down
If prostitution becomes legal in the country, everyone will know who is working as a sex worker and it may discriminate against that person and make his morality down in society.
FAQ related to the prostitution
Is Prostitution legal in India?
Prostitution is not illegal in India but there are many conditions that make it illegal such as: managing a brothel, living on the money earned from prostitution, luring a person into prostitution, trafficking of children and women for prostitution etc.
What is the cause of prostitution?
The main reason behind prostitution is POVERTY and UNEMPLOYMENT. In the present time, there is so much poverty that encourages people to do prostitution. Due to unemployment, many people choose prostitution so that they can earn some money from this work.
What is an example of prostitution?
When two persons do sex and one takes the money in return, it is called prostitution. In prostitution, both mutually agree to do sex but one person has the motive to earn money from this act.
Conclusion
In India, with differing cultural fixings, Prostitution is typically looked down on because of the idea of the calling. Sex labourers live in a society framed by their own. Through the course of exploration, it tends to be seen that authorizing prostitution would profit the individuals, prostitutes just as the state. In spite of the fact that prostitution has been occurring in our nation for numerous years, it as yet glances down in our general public. It would profit the prostitutes from numerous points of view like, a better workplace, impose rights and duties on them, the working conditions would be improved and so on., it would profit the state by methods for acquiring salary through which the state would have better authority over such exercises.
Why is Law important in our Society?
It likewise forces a privilege on the state to have authority over such exercises and furthermore by enabling them to direct these exercises. With legalization, the sex workers issues will be diminished. One of the primary wrongdoing that is, dealing would be diminished by and large. There must likewise be a differentiation made between sex labourers who have taken up this calling on their own will and sex labourers who have been compelled to carry out this responsibility.