Who Legalized Prostitution in India

The Prevention of Immoral Trafficking Act 1956 makes certain acts illegal. These acts include inciting prostitution, running a brothel or allowing certain places to be used as brothels, living off the income of a prostitute`s money, inciting or abducting a girl into prostitution, imprisoning girls in brothels, luring a person detained for prostitution, and engaging in prostitution within 200 metres of a public place such as: School. Colleges, temples, hospitals, etc. In the Indian context, prostitution is not explicitly illegal, although it is declared unethical by the court, certain acts that facilitate prostitution are considered illegal and acts such as running a brothel, subsisting on money raised through prostitution, recruiting or inciting a person to prostitution, trafficking in children and women for prostitution, etc. are explicitly made illegal by the Prevention of Immoral Trafficking Act 1956 (ITPA). For example, sex racketeering is illegal, but private prostitution or receiving compensation in exchange for consensual sex without prior request may not be illegal. Women and girls from China,[68] Arab countries, Japan,[69] former Soviet republics,[70] Sri Lanka,[71] and other countries of origin work as prostitutes in India. In 2015, ten Thai women were arrested in India for prostitution for allegedly running two brothels posing as massage parlors. [72] Over the years, India has seen a growing mandate to legalize prostitution to prevent the exploitation of sex workers and their children by intermediaries and as a result of a growing threat of HIV/AIDS.

[52] [53] [54] The right to life in section 21 also applies to a prostitute. This was stated in the case of Budhadev Karmaskar v. the State of West Bengal[4]. It states that sex workers are human beings and that no one has the right to attack or murder them, because they also have the right to live. The decision also highlighted the plight of sex workers and understands that these women are forced into prostitution not for pleasure but because of abject poverty, and called on central and state governments to open rehabilitation centers and teach technical and vocational skills such as sewing so that they can obtain alternative livelihoods. In accordance with this instruction, the Immoral Traffic Prevention Act included section 21 as a rule allowing state governments to establish and maintain shelters, and these should be governed by licences issued by them. A competent authority should be designated to investigate the application for authorisation for refuges. These licenses are non-transferable and are valid only for the specified period.

The Government has the power to make ancillary regulations in accordance with section 23 of the Act respecting the licensing, management and maintenance of shelters or accessory matters. On May 19, India`s Supreme Court made headlines with instructions on the recognition of prostitution as a profession, stressing that sex workers, like all other professionals, are entitled to dignity and constitutional rights. Prostitution (or sex work), a taboo subject, was recently introduced into parlor conversations by the Bollywood film Gangubai Kathiawadi (directed by Sanjay Leela Bhansali, based on the life of Gangubai Harjivandas, an acclaimed social activist from Kamatipura). The question the film successfully raised was: why isn`t sex work considered another type of work? ITPA`s life clauses on a sex worker`s income are being challenged in court, as are the criminalization of brothels, prostitution in a registered public place, advertising, and a judge`s power to remove sex workers from their homes and prohibit their re-entry. Other groups are campaigning in parliament for legislative changes. [59] [60] Anyone who turns to an escort agency is not punished because there is no law punishing clients of prostitution. There are about 15 countries in the world that have varying degrees of regulation regarding sex work, most of which legalize and provide protections for sex workers. Countries such as New Zealand, Denmark, Germany and Greece have taken very progressive steps with regard to sex work to ensure that the health and financial situation of workers are taken into account.

Despite regulations and prohibitions, it is essential to identify prostitution as a promising industry, especially in situations of poverty and social inequality. In India, it is far from extinct. However, the problem does not lie in the work itself. It lies in the way the work is perceived. If prostitution is legalized, the State assumes responsibility for the management of brothels and can fulfill this obligation by granting a licence to authorized persons. It also formulates guidelines on the age of prostitutes, the client database, adequate remuneration and medical facilities for prostitutes. In this way, prostitutes can acquire certain rights, such as the right to medical care, the right to education of their children, the right to exploitation and rape, etc. This method can facilitate the elimination of sex thug operations, hidden and street prostitution, abuse of prostitutes, etc.

Shelters must be built for prostitutes who have lost their livelihoods or for those who have been forced into prostitution but no longer want this way of life. In addition, the government can provide these prostitutes with basic education and training so that they can find other ways to earn money and make a living. The prostitution law itself is vague. [47] The main law dealing with the status of sex workers is the 1956 law known as the Suppression of Immoral Trafficking Act (SITA). According to this law, prostitutes can practice their profession in private, but not legally recruit clients in public. [2] However, a BBC article mentions that prostitution is illegal in India; Indian law does not qualify the practice of selling one`s sexual service as « prostitution ». [5] Clients may be punished for sexual activity near a public place. Organized prostitution (brothels, prostitution networks, pimping, etc.) is illegal. As long as this is done individually and voluntarily, a woman (male prostitution is not recognized in any law in India) can use her body in exchange for material benefit. In particular, the law prohibits a sex worker from exercising her profession within 200 meters of a public place. Unlike other professions, sex workers are not protected by normal labour law, but they have the right to rescue and rehabilitation if they wish, and they have all the rights of other citizens.

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