Prostitution is regarded as one of the oldest occupations. Prostitution is something where one person indulges in sexual activity for money or different monetary assets. Immoral Traffic Prevention Act says that prostitution is nothing but sexual misuse of a person for commercial purposes. They might get involved in kind of sexual activities like heterosexual or homosexual activities. Prostitution in India is a Rs. 40,000 crore yearly business and 30% of the sex labourers are young people whose exploiters secure a mind-boggling measure of Rs. 11,000 crore. As appeared by an audit, there are around 10 million sex experts in India out of which 100,000 are in Mumbai alone, Asia’s most noteworthy sex industry focus. There around 3 00 000 to 5 00 000 young people in sex exchange India among which Bangalore near to five imperative urban zones together record for 80% of child whores in the nation. These figures are astounding and point towards the centrality of mediation of the State to check this essential underhandedness.
Characterization of Prostitutes:
We can characterize the forms of prostitution or sex work in the following ways:
- ESCOT/ CALL GIRL: They work independently in hotels or private buildings and charge high price rates.
- BROTHEL PROSTITUTES: They work in brothels which are mostly managed by ex-prostitutes.
- STREET PROSTITUTES: They stand and request their customers and then they take their customers to an assigned place.
- OTHER TYPES: These include massage parlour workers and bar dancers who perform sexual acts in exchange for some monetary benefits.
Sufferings of the sex workers:
Most of these labourers are dealt with barbarically at the beginning time of their remain in their place of residence. Their psyche is made dread by constantly beating them. When the sex labourers get in the age of engaging the clients they are truly compelled to do as such. Sex labourers essentially stay under house capture to forestall their escape. A significant number of them stated that they had been constrained to become sex labourers to get away from neediness, however, the lockdown has again carried them to the skirt of starvation. With no business coming their way, with no inflow of normal money and nonattendance of a government-managed savings net or wellbeing spread these sex labourers are seeing a portion of the most noticeably awful days of their lives and are in no place. The kids of the sex labourers live in these soiled quarters and much of the time neither do they find the opportunity to go to school and nor do they appreciate a solid youth. Youngsters that are born in brothel grow up without the sense of identity and at whatever point they step outside, the world looks them with uncertainty and disdain and never permits them equivalent access to circumstances that kids in the outside world have available to them.
Laws related to prostitution in India
Immoral Traffic (prevention) act, 1956
In 1950 the Government of India endorsed the International Convention for the Suppression of Immoral Traffic in Persons and the Exploitation of the Prostitution of others. In 1956 India passed the Suppression of Immoral Traffic in Women and Girls Act, 1956 (SITA). The exhibition was also amended and changed in 1986, realizing the Immoral Traffic Prevention Act in any case called PITA. Improper Traffic Prevention Act, 1986 PITA just looks at managing as indicated by prostitution and not comparing to various inspirations driving managing, for instance, neighbourhood work, kid work, organ gathering, etc. Coming up next is a structure of the game plans in this law that identifies with kids underneath the age of 18. The showing portrays kid as any person who has completed eighteen years of age. The chief portion of the showing has courses of action that plot the bad behaviour of prostitution and the order for asserting a whorehouse or an amount establishment, or for the living of salary of prostitution as is by virtue of a pimp. Section five of the show communicates that if an individual acquires, incites or takes an adolescent with the ultimate objective of prostitution then the prison sentence is, in any event, seven years yet can be contacted life. To ensure that the people in the chain of managing are also viewed as skilled the showing has a course of action that communicates that any individual drew in with the choosing, transportation, moving, holding, or tolerating of individuals with the ultimate objective of prostitution if reprehensible of managing. In addition, any individual attempting to submit managing or found in the place with a scandal history or visiting the back rub parlour is blamable under this law.
In case an individual at whatever point found with a child it is acknowledged that he has kept that kid there with the ultimate objective of sex and in this way will be at fault to multi-year in prison up to life confinement, or a term which may loosen up to multi-year and moreover a biggest fine of one lakh rupees. If a child is found in a place with a scandal history and after clinical evaluation has been found to have been unequivocally misused, it is acknowledged that the adolescent has been restricted with the ultimate objective of prostitution. Any individual submitting prostitution out in the open with a child will be blamable to multi-year in prison up to life confinement, or a term which may loosen up to multi-year and moreover a most outrageous fine of one lakh rupees. If prostitution of an adolescent is being devoted with data on an establishment owner, for instance, a hotel the grant of the housing is likely going to be dropped nearby the given prison sentence and furthermore fines.
Any child found in a back rub parlour or being misused with the ultimate objective of prostitution can be placed in an association for their prosperity by an official. Owners, leasers, owner, expert of the owner who unknowingly as of late rented their property to an individual saw as the subject of subverting a child, must get underwriting from equity before re-leasing their property for quite a while after the solicitation is passed. In 2006, the Ministry of Women and Child Development proposed a modification charge that despite everything can’t be passed. The update doesn’t by and large concern any of the game plans related to the child yet has various noteworthy repercussions for the benefit of women sex workers.
Section 354 of IPC
This section states that when with no assent of the women, demonstrations of any sort of physical assault or purposeful power are perpetrated to outrage her modesty, at that point, the offender will be fined or imprisoned for 2 years of detainment or sentenced with both; it guarantees disciplines and punishments for the wrongdoers who carry out violations against women and explicitly misuse them.
Benefits of legalizing prostitution
- REDUCTION IN HUMAN TRAFFICKING: Legalizing prostitution lessens human trafficking and It additionally decreases viciousness against them Such as assault, murder, constrained sex and so on. This can be comprehended with the assistance of financial matters. Decriminalization of prostitution will reduce deliberate prostitution in light of peril of conviction. This risk is moreover for the dealer anyway less harsh, as though there ought to emerge an event of arraignment the loss bears the criminal discipline yet the dealer bears only a pay disaster. Decriminalization of prostitution will reduce deliberate prostitution which will along these lines put an upward weight on an incentive thus, boosting the dealer. In this manner, as opposed to diminishing human dealing, decriminalization will, in general, grow it. further, as prostitution is condemned, the prostitutes and johns won’t will in general report human dealing fearing prostitution.
- HEALTH BENEFITS: Legalizing prostitution would make sex labourers life better and more advantageous. As per an examination held by The BBC, It was discovered that when the sex labourers demand the customers to utilize condoms, they won’t do as such and get cruel on the labourers. This prompts dangerous sex because of which there is a significant level of illnesses transmitted like HIV/AIDS and different maladies. Legalizing this would make the customers use condoms mandatorily and the sex labourers can likewise complete a normal check for the equivalent.
- INCOME: one of the fundamental reasons why individuals indulge in prostitution is a result of destitution. Because of destitution, they need training. Absence of education prompts joblessness and for their living, they indulge themselves with prostitution. Such individuals are denied and have no other method to gain cash. Some do it because of decision (for their living) and some of them do it because of obligation (to gain for their family and win salary. Like, kids). The subsequent class individuals are the individuals who indulge themselves for their families and primarily the individuals who don’t have monetary help, as in, spouse or guardians. Also, some of the time, they are not paid a sufficient sum for the administration gave. Legalizing prostitution would assist prostitutes with acquiring satisfactory pay and fulfil their fundamental needs. These costs would be fixed and the equivalent would enable these prostitutes to a better life on with a superior life.
- TAXES: legalization would not just advantage the individuals and the sex labourers also the state. Forcing taxes on brothel would diminish the interest and by this, the state would likewise bring about salary. It is assessed that prostitution causes 21 lakh crore on a yearly premise. At the point when the costs are high, the clients likewise decline and when the interest lessens, there would befall in such exercises. As indicated by Richard Posner, when duties are forced on such exercises, the interest for similar declines. The higher the costs, bring down the interest. As indicated by him, tax avoidance or value fixing is the best answer for criminal offences. With this, brutality would likewise diminish i.e., dealing, assault and so on.
- PROTECTION BY POLICE: Legalizing prostitution would give police security in instances of crises. Illicit prostitution faces a lot of issues. The women are into inconvenience. What’s more, these denied ladies no asset of help. Giving protection would dodge savagery and furthermore shield prostitutes from brutal clients.
Disadvantages of legalizing prostitution
- There is no guarantee that legalizing prostitution would stop human trafficking.
- It won’t promote the health of women.
- Legalization of prostitution may increase child prostitution.
- It may serve as a gift to the sex industry.
- There is the chance that adultery would increase.
- It would cause a bad impact on children.
In India, with differing cultural fixings, prostitution is typically looked down because of the idea of the calling. Sex labourers live in a society framed by their own. Through the course of exploration, it tends to be seen that authorizing prostitution would profit the individuals, prostitutes just as the state. In spite of the fact that prostitution has been occurring in our nation for numerous years, it as yet glances down in our general public. It would profit the prostitutes from numerous points of view like, a better workplace, impose rights and duties on them, the working conditions would be improved and so on., it would profit the state by methods for acquiring salary through which the state would have better authority over such exercises.
It likewise forces a privilege on the state to have authority over such exercises and furthermore by enabling them to direct these exercises. With legalization, the sex workers issues will be diminished. One of the primary wrongdoing that is, dealing would be diminished by and large. There must likewise be a differentiation made between sex labourers who have taken up this calling on their own will and sex labourers who have been compelled to carry out this responsibility.
Written by: Shambhavi Malviya and Shrutirupa Biswas
(SYMBIOSIS LAW SCHOOL, NAGPUR)