If it is the matter of “PARAMPARA”, even the mythological aspects of India has the evidence, that prostitution is indeed the most ancient profession. Many researchers confirmed it, while others argue with it. However, this is my personal view on it and approach for legalization of prostitution.
The basic thing to be approached is constitutionality of prostitution. As article 19(1)(g) of Indian Constitution guarantees that all the citizens shall have right “ to practice any profession, trade or business”[1].
Perceptions of prostitution are based on culturally determined values that differ between societies. It may be immoral conduct and indecency under perception of Indian society but it is nowhere supported by constitution because Constitution needs “a legal justification but not moral justification”. So prostitution cannot be ultra vires the Constitution.
Benefits and impacts of prostitution if it is legalized.
Legalization of prostitution and the sex industry will stop sex trafficking, decrease clandestine, hidden, illegal and street prostitution. Women in system of prostitution feels as they don’t have any rights and respect, just because the moral systems of India. Hence there cannot be provision of dignity for such women which is guaranteed under Article 21 of Indian Constitution.
Legalizing and regulating the act of prostitution with different policies, may help in different aspects i.e
The sexual transmitted diseases can be controlled, If prostitution is well regulated, if the opportunities and precautions are strictly provided and followed. The human tendency towards sex is uncontrollable and if it is curtailed by legislations or any other policies, the growing and developing society take a other way, an illegal approach. But the urge of sex cannot be decreased. If it is legalized and prostitutes are protected, then the regulations can be made to avoid the sufferance of sexual diseases and legalization of prostitution will promote women’s health as they can have easy access to medical facilities which they don’t have when its illegal.
If the urge of sex is decreased, then the youth of developing world will concentrate on the things, which they really wanted to do. If the prostitution is not legalized the urge of sex cannot be decreased gradually, because youth concentrate in falling for fake relationships which has intention of sex behind.
If the prostitution is legalized, then there can be privileges for sex workers, they can be protected from humiliation from pimps. It indirectly can control the forceful trafficking of women. Government can criminalize the pimps, if they are found and women traffic can be stopped immediately.
“but the willful women can indulge in sex work , because it is no offence”.
When it comes to the law enforcement view on legalization of prostitution. It’s time for legislators to wake up from slumber land by legislating and regulating prostitution. Some folks disapprove of the immoral nature of sex for sale, and perhaps rightfully so. But judging morality is for temples, churches, family members etc. but it shouldn’t be matter for law enforcement, court halls and jail cells and costing the tax pay clearly, every day, every month, and every year.
Recognizing prostitution as an economic activity, thus enabling women in India to obtain working permits as “sex workers”. Like in Germany, and other countries, prostitution is legal and taxed. They turn the ‘crime’ into economic plus. In the countries like United States, they create the ‘crime’ which turns the behavior into an economic negative, and it’s still business, law or no law[2].
The rape victims can be decreased by the legalization of prostitution and it is proved too. According to researches, Holland’s legal prostitution[3]
- 30 to 40 percent reduction in rape and sexual abuse within 2years of opening license for sex work.
- Sexual violence on women is controlled more generally because of less controlled environment[4].
Legalization of prostitution can make a provision of sex education and it can save the relationship battles occurring many misunderstandings due to unsatisfied physical desires.
Even though legalization of prostitution serves goodness all above, just because of its personal nature which India is not willing to expose itself is not proper and reasonable to say prostitution is immoral. When it comes to the morality of the prostitution, consensual sex is legal everywhere, but as soon as one party offer the money to another in exchange of sex and that money is voluntarily accepted, its considered as prostitution and that is illegal. This is simply hypocritical, illogical, and waste. And it needs to be stopped.
It is the duty of the government to protect property rights and prosecute individuals who coerce or force themselves upon others. However the government needs to stops wasting resources on voluntary, adult sexual exchanges. It is time to put an end to this hypocritical and wasteful prosecution of sex workers and their clients.
And the fact of anti-prostitution laws does nothing to enforce morality (which is not the governments business anyway). But rather it punishes women and others who are trying to make a living that prostitution should be legalized because it is no difficult than any other service that we pay to receive.
In spite of this, there are far more serious crimes that require full attention by our government. Furthermore, prostitution is already legal in many countries like Singapore, Denmark, Netherland and parts of United States as well.
[1] Constitution of India
[2] Marshall frank, retired captain, metro Dade police department. Floridatoday.com
[3] https;//journalistsresource.org>studies
[4] American economic journal https;//marginalrevolution.com
This article is authored by Abhinandan Hiremath, student of LLB at KLE’s G K Law college.
Also Read – Human Sex Trafficking: The Issues And Remedies
