From the antiquated period of ‘dasi system’ to current ‘prostitution’ framework, India’s journey can not be not simply seen as how we see this work of Prostitution on ethical quality grounds yet in addition how the people of Indian society have kept away from accepting prostitution as a profession.
Indian law has been planned so as to not condemn prostitution yet precludes every one of the activities related to it or surrounding it. The main law regarding the condition of sex workers is the Immoral Traffic (Suppression) Act (SITA). As indicated by this law, prostitutes can carry their work secretly however can’t lawfully request clients in broad daylight as long as it is done exclusively and willfully by a woman. SITA isn’t usually used in practice.
The Indian Penal Code (I.P.C.) which originates before the SITA is used regularly to accuse sex laborers of dubious wrongdoings, for example, “public indecency” without unequivocally characterizing what these crimes comprise of. The old law was altered as the Immoral Traffic (Prevention) Act or ITPA in 1986. The Immoral Traffic (Prevention) Act is a spontaneous creation for the elimination of Immoral Trafficking of ladies and girls yet at the same time a great deal is to be accomplished, especially with reference to the maltreatment and social shunning that sex-workers face notwithstanding the way that prostitution isn’t illicit in India. Prostitution in essence isn’t unlawful however sex workers are regularly badgering without legitimate provisions identifying their rights. The non-appearance of legitimate arrangements for managing their work paves path for harassment of sex workers by the police. Prostitutes can not be seen as citizens having partial or no rights.
Read: Juvenile deliquencies in Indian Society
The vast majority of these prostitutes are dealt with in all respects barbarically at the beginning period of their stay at the brothel. They are beaten habitually so as to dread them. When they reach the age of puberty or even sometimes are fed with steroids in order to entertain the clients and are physically compelled to do so. Having accomplished what the brothel owner needs, these prostitutes are confined in the brothel in order to prevent their escape. They are only given small earning in return of all the hardships they had to face. They are even misused by the brokers. Some of the prostitutes are HIV positive as well as are experiencing different infections. They don’t have an appropriate access to medical facilities. Exploitation also takes place through the men assigned as customers or clients. Police and other law upholding offices dependably exploit these individuals. They not only take money from them but also physically abuse them. The current laws with respect to prostitution in India are ambiguous. They never truly get an opportunity to join the mainstream and live with pride and dignity.
Prostitution is lawful in India, however it doesn’t have legitimacy. Per se it isn’t condemned, yet surrounding activities like pimping and running a house of ill-repute are culpable. Prostitution must be legitimized in appropriate manner. Our general public has still not reached far beyond its old outlook. Prostitution is never been considered as a work and is yet treated as taboo according to the Indian customs, and thus, considered as a social evil, while this isn’t the situation. Prostitutes have precisely the same rights as any other citizen of the country. They also have a freedom of speech and expression like any other person although it is affected due to vague laws regarding prostitution in India. A country where prostitution is legal, the Karnataka High Court recently in a case in 2018 ruled that there is no legal provision or punishment for a customer who is engaged with prostitutes. They are no proper laws against customers in case of any kind of crime committed by them against the prostitutes. Legitimization will give a voice to the prostitutes, give them legitimate portrayal, and they can battle against foul play with as much will as an individual with any other occupation would. Individuals feel that this will advance prostitution and help in the development and standard of living of prostitutes. Proper Legitimization will in any event guarantee that the women included in prostitution are not misused. They have the privilege to question if something is turning out badly against them. More significantly, they will pick up a feeling of confidence and respect which is significant for voicing any wrong done against them. This will likewise make laws sturdier to guarantee that unlawful prostitution is banned.
The best way to ensure a better life to prostitutes is legitimization and regularization of their work. In spite of the fact that such dynamic advance isn’t a cake stroll for the legislature thinking about the customary mentality and moral benchmarks of Indian culture. In any case, government keeping in mind the interests of the prostitutes needs to start such a guideline with a position that prostitution isn’t ethically grievous and it can’t be abolished. Once it properly ends up legitimate then the exploitation of prostitutes or the sex laborers by the police would decrease hugely, these sex workers will exist in certain lawfully administered regions and will have appropriate licenses to work. This would make their work a clean one for which they also have to pay taxes. In the meantime undesirable practices, for example, pimping could also be restricted as they would be formally named as illegal. Proper well-being registers of the women would help in decrease of sexually transmitted diseases like AIDS and so on, additionally, the prostitutes will most likely emphatically state their clients to utilize legitimate contraceptives, or they could make a move against them. Sanctioning of prostitution would secure the privileges of sex workers and allow these individuals to carry on with a simple life with dignity they deserve. This way they will be empowered.
Read: Dying Declaration – Sec 32(1) of Indian Evidence Act, 1872.
About Author:
This Article is written by Divya Vishal (divyavishal317@gmail.com)
