Updated: Aug 15, 2020
Author: Kashish goyal
4th B.A.LL.B of Mody University of Science and technology, Rajasthan
It is the oldest profession in India. There was an existence of Devadasi System which was practiced among Hindus to contribute their female child in temples for dancing and they were abused by the temple priests. This was the earlier form of prostitution. It is true that which exists today has a history of its own. This means that it was practiced in the past also. Like Indra, God of rain has beautiful dancers called Apsara. They were the biggest assets of the Indra’s court. Whenever he was in danger, he asked Apsaras to seduce and distract his enemies with beauty and dance and also they lived together without marriage. If we look at this, these apasars are called Prostitutes in today's world. The word prostitution has derived from the Latin word “prostituere” which means “to expose publically”. Prostitution means giving or receiving body for sexual activity for hire but exclude sexual activity between the spouses. Performing for hire for any sexual activity where there is exchange of value with the intent to satisfy the sexual desire. Because in reality if a sex worker found in any public place and staring directly into the eyes of public it means she is giving you a welcome smile. As we know prostitution in not expressly illegal in India, but there are some acts which are made illegal and prohibited by law. Before we need to understand about the legalization of Prostitution, we have to know the about the psychology of buying and selling of sex .It creates a menace in the society. Everything cannot be treated equally and each and every thing should be taken from a different angle and each needs a different perception. If we are saying that the prostitution is against the morality, but what about the item number which are enjoyed Publically without any shame or hesitation. For example, if a child say something about sex, then he or she immediately made to shut the mouth, but if a same child sings or dance, the talents are appreciated. There can be many reasons why the girl turned into the prostitute that are situational. No girl comes to a prostitute from her mother’s womb. The cause like early marriage and desertion, Social customs, Economic cause include poverty and economic distress, lack of sex education, rape victim etc.
There are many laws governing the prostitution in India:
Suppression of Immoral Traffic in Women and Girl Act, 1956
Prevention of Immoral Traffic Act, 1956 This law states that prostitution are allowed to trade in private but they cannot trade in open area. If a sex worker caught in exchange of sex for money within the 200 yards of public area, then they can be arrested.
An amendment is made in this act as Immoral Traffic (Prevention) Act, 1956 which describes some penalties:
Girls are not allowed to make their phone number public - 6 months with financial penalties.
Clients who indulge in activities within 200 yards of designated area- 3 months with fine.
Those who indulge with someone who are under the age of 18 – 7 to 10 years.
If an adult lives with a prostitute – 2 to 4 years.
Protect sex worker’s rights but don’t legalize the trade:-
Sex worker are also the human beings and hence they are entitled to a life of dignity. There is an urgent need to recognize their fundamental right granted by the constitution. Legalizing the trade will have more serious consequences. The most important thing is if we are thinking it will decrease the trade of human trafficking, then it is wrong. Because it will give more power to sex workers who prostitute child and women and sold in the market without any hesitation. Instead of criminalizing the buying and selling of sex worker, they should make accessible education to the children and also provide vocational training with career option if in case they want to start a new life. Beside this, they should be aware of their rights, medical check-up, health facilities etc.
According to the Global Statistic, Various countries have legalized the prostitution like in Canada, France, Holland, Denmark, Australia and many other countries. After the legalization not a single country across the world reported a decrease in crime related to women and children. Most of the studies indicate that there is a high percentage of Physical injuries and abuses. The women choose this profession in the realm of survival for themselves and for their children. In Australia numbers of legal brothels double the expansion which was in illegal prostitution.
IF WE LEGALIXE THE SEX TRADE:-
It will only benefit the pimp not the victim. It will enable them to force the women into the prostitution.
It is the wrong assumption that if the condom is used then there will be less HIV. Because some sex worker would agree to go without condoms by pimp pressure.
This is also a wrong assumption because if a fake aadhar card can be created then fake ID cards for under age can also be created.
You will send the wrong messages to the new generation that women are sexual commodities. According to the Fundamental duty in Indian constitution: Renounce the practices derogatory to the dignity of women.
It will provoke the religious sentiments of Indian culture. It would lead to 2 inequality
We can reduce the sex trafficking of children and women by:
1. Create deterrence by closing places of exploitation i.e. brothels existing in red light areas. Section 18 of ITPA also explicitly provides for the same.
2. Ensure the implementation of ITPA in true spirit. 3.Making buying sex and buying sex from children a grave offence. This will reduce the demand. 4. Formal education should be made to the victims who are still within age of school going. 5. Adequate publicity through electronic media and prints including child lines or women helplines. CONCLUSION Thus, in the light of above points, I would like to sum up the issues as prostitution should not be legalized as it leads to more heinous crime. Human trafficking will increase if we give power to those who forcefully take children from homes by the reason of providing education and instead of this; they used them for sexual activities. In the modern era, the younger generation will think that it is the easiest way to do instead of education. Dignity of the women which should be respected goes on the other side. Various acts have already been made explicit in law to punish them. As we saw the above points, by legalizing, it only empowers the pimps to increase their business not the victim. The women are always forced to do it. We should only protect them from the diseases by providing health facilities. It was totally a wrong idea that crime against women and children will be controlled. The data which we collect through this can be fake. Crime will remain crime if it is authorized by law or not.