Prostitution: Legality and Morality in India

Prostitution in India – The first survey on prostitution was conducted in 1997 by the Ministry of Women and Child Development, which estimated 2 million sex workers, which increased 50% by 1997-2014. There are an estimated 2,75,000 brothels in India, and as per the UNAIDS survey of 2016, there are 657829 sex workers in India. Sonagachi in Kolkata and Kamathipura in Mumbai are some famous red-light areas in India. ⁽⁴⁾

What is prostitution?

Prostitution refers to the activity of providing sexual services in exchange for money or any other material things. This system is considered immoral by society. But it still exists in different parts of the country.

Female sex workers suffer from sexual abuse, and they are at high risk of STDs. Having no right to basic health care further exacerbates their condition. There are some laws on it in India. Being the owner of a brothel, involved in trafficking and forcing a child under 18 years into prostitution is illegal. However, there is no comprehensive law dedicated to regulating it. Let us look into the various aspects of this system.

Historical perspective

In India, its traces can be found in the Rig Veda in ancient days, such as Ganikas. In medieval times, individuals known as tawaifs used to work for the pleasure of men by performing dance and singing. The system of devadasi was also prevalent in those days. After the British arrival, it was used to give pleasure to the British soldiers and Government officials. During British rule, laws were formed related to prostitution. ⁽¹⁾

In the present day, it has evolved into sexual forms. Besides women, men and transgender people also work in this system, though in smaller numbers than women.

Is it legal in India?

Prostitution is not illegal in India, as explicitly no law mentions that it cannot be practiced. If someone is involved in prostitution by his/her consent, then no criminal action can be taken against them. In a significant order, the Supreme Court has recognized sex work as a profession. In a landmark judgment on sex workers in Budhadev vs State of Bengal (2011 case), the Supreme Court opined that sex workers have a right to dignity.

The Immoral Traffic Prevention Act,1956 (SITA) criminalizes running brothels, living on the proceeds of brothels, and running the business of prostitution in public spaces.

It is also illegal to force children into prostitution and trafficking of humans. There is no comprehensive law wholly addressing the system of prostitution and the rights of sex workers. ⁽³⁾

Condition of sex workers

It is not illegal in India to be involved in it, but in society, sex workers are being subjected to violence and social isolation.

They are the victim of sexual harassment and are denied the basic rights to education and health care. In a study,73% reported being forced by clients to perform sex without consent. They are vulnerable to sexually transmitted diseases like AIDS and HIV.

Why does it exist?

There are several factors that are mentioned below.

Economic Factors: The females involved in these systems are from poor families. They are not educated and have no employment opportunities to run their family, so they resort to selling their sexual services in order to survive.

Social Factors: 68% of females working in prostitution suffer from sexual abuse during their childhood, according to a report. Another reason can be an individual having a lack of love and respect in marriage, forcing him to these systems for having sexual pleasure.

Religious Factors: According to a report by Times of India, the devadasi system is a conspiracy set up between the feudal classes and priests. The report says that Dalit girls at a very young age start into it for religious reasons, and it is being practiced in many regions. The Indian National Commission for Women mentions that there are 44,000 active devadasis, of which the majority belong to Karnataka (22,491), Andhra Pradesh (16,624), and Maharashtra (2,479), and their number could be as high as 2,50,000

Trafficking: Some girls are being trafficked into this business by being them the false promise of employment and a source of livelihood.

Legalizing

There are many views in Favour or against legalizing prostitution. It can improve the lives of sex workers and can provide them with basic rights. Legalizing prostitution will help in regulating the environment and the working conditions, such as working hours. It will be convenient for sex workers to get access to health and legal services. It will help in reducing the spread of STDs by having regular medical checkups.

But there are some arguments against legalizing it. Religion considered it as immoral, and passing any law would elicit a negative response from many communities. Moreover, it will make it a major problem, increasing gender inequality as it will make it easy to sell and buy sexual services.

Conclusion

Prostitution has deep roots in early India. It has become a part of society. It is not possible to completely eradicate this system. It is a necessary evil. The main reason for its existence is that economically and socially disadvantaged females earn money by selling their sexual services, and men satisfy their sexual pleasure with it.

Sex workers who are forced into this system often face discrimination and become victims of violence. It is important to create awareness in society to treat them equally. The government should enact legislation for the governance of this system. This will help in reducing the trafficking in prostitution and improving the condition of female sex workers.

Some Additional Doubts

Question: What are the dangers of prostitution?
Answer: Women working in prostitution system face mental health issues, are at high risk of STDs, become victims of sexual harassment, and are denied basic rights.

Question: What are three types of prostitution?
Answer: Street prostitution, escort prostitution (sex workers are taken to the home of clients), and brothel systems(where individuals come to buy sex services) are three types of prostitution.

Question: What is a red-light area?
Answer: It is a place in urban centers where sex service businesses, brothels, are concentrated.

Question: What are the reasons for the existence of prostitution in India?
Answer: Lack of education, poverty, lack of employment opportunities, patriarchy, and trafficking are the main reasons.

Question: Is private prostitution legal in India?
Answer: Private prostitution is not illegal in India; however, practicing it in public places and owning brothels is illegal.

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References

Prostitution: Legality and Morality in India

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