8 Pros and Cons of legalising Prostitution

8 Pros and Cons of legalising Prostitution

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 are 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.

In the past time, sex workers were known as Vashya. Prostitution was considered a profession. But due to the passage of time, the people started taking it as bad practice and now the situation is that people have debated on the pros and cons of legalising prostitution in the courty.

Types of Prostitutes

We can characterize the forms of prostitution or sex work in the following ways:

ESCOT/ Callgirl

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 of the prostitute

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 brothels grow up without a sense of identity and at whatever point they step outside, the world looks at 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

These are some 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 under the age of 18. The showing portrays a 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, owners, experts of the owner who unknowingly as of late rented their property to an individual seen 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

Section 354 of IPC 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.

The legality of prostitution in India

Prostitution is not illegal in India but there are many conditions that make it illegal such as:

Managing a brothel

A brothel is a place where the sex workers remain in a group for prostitution. If any person is managing a brothel, he will be punished by the law.

Living on the money earned from the prostitution

No person should be living only on the money earned by prostitution. There must be any other work of the person on what he or she can survive. However, it is not the condition for legalizing prostitution. But if a person is in the profession of prostitution and also working in another field then what will be the scenario?

Luring a person into prostitution

No male or female should be luring a person into prostitution. If any person is found doing such activity, he will be punished.  But if both are ready without any force, is it ok?

Trafficking of children and women for prostitution etc.

If any of the people found doing trafficking of children of women for prostitution, he will be punished. if a person is in prostitution with free choice will it be legal?

Pros of legalizing prostitution

Reduction in Human Trafficking

Legalizing prostitution lessens human trafficking and 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 the 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.

Prostitution is a choice

some of the groups related to prostitution said they many sex workers enter into prostitution with their choice. It should be treated as work as other works in society. if any person enters into prostitution with free will, then he should not be stopped by anybody.

It will keep safe sex workers

Not legalising prostitution means the sex workers will not be able to file the FIR in the police station if any mishaps occur with them. But if the government legalise prostitution, it will give them the right to work together and they can work together in one building. It will keep them safe from any abuse because they will work in a group and will be safe.

Free consent

As per the report, it has been seen that many of the females entered into prostitution with their free consent. No one is pressuring them to do so, but it is their free will to do such work.

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.


one of the fundamental reasons why individuals indulge in prostitution is a result of destitution. Because of destitution, they need training. The absence of education prompts joblessness and for their living, they indulge themselves in prostitution. Such individuals are denied and have no other method to gain cash. Some do it because of decisions (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 fulfilling their fundamental needs. These costs would be fixed and the equivalent would enable these prostitutes to have a better life with a superior life.


legalization would not just advantage the individuals and the sex labourers also the state. Forcing taxes on brothels 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 crisis. 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.

Cons of legalizing prostitution

No guarantee to stop human trafficking

No one can say that if prostitution would be legal, it will stop human trafficking. The persons who are the victims of human trafficking are pushed to work in many fields, like labour, sex workers and also as child labour.

Not promote the health of women

The woman who will work as a sex work will always remain the suspect of bad health. There would be a need for women safety.

Prostitution may increase child prostitution

It would be the worst part of legalising prostitution that it may increase child prostitution. In India, poverty is at its peak. everyone wants to earn money. The people who are using children as labour without knowing the importance of education may force these children to do prostitution to earn more money.

It may serve as a gift to the sex industry

There are chances that prostitution is taken as a gift to the sex industry. more and more girls will think to make a future in the sex industry. We should focus on the importance of girls education, not on these industries.

The chance that adultery would increase

Adultery is not a crime anymore in India, but it is the ground for divorce in India. If prostitution would be legal in India, it is obvious that it will affect the marriage relationship between husband and wife because marriage is a written contract between the spouses. Adultery is considered as a breach of contract in case of marriage and a solid ground for the divorce.

Bad impact on children

it is obvious and one of the main cons of prostitution is that it will cause a bad impact on children by seeing prostitution without any restriction.

It will make the sex worker morality down

If prostitution becomes legal in the country, everyone will know who is working as a sex worker and it may discriminate against that person and make his morality down in society.

FAQ related to the prostitution

Is Prostitution legal in India?

Prostitution is not illegal in India but there are many conditions that make it illegal such as: managing a brothel, living on the money earned from prostitution, luring a person into prostitution, trafficking of children and women for prostitution etc.

What is the cause of prostitution?

The main reason behind prostitution is POVERTY and UNEMPLOYMENT. In the present time, there is so much poverty that encourages people to do prostitution. Due to unemployment, many people choose prostitution so that they can earn some money from this work.

What is an example of prostitution?

When two persons do sex and one takes the money in return, it is called prostitution. In prostitution, both mutually agree to do sex but one person has the motive to earn money from this act.


In India, with differing cultural fixings, prostitution is typically looked down on 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.

Read the article on Women Safety in India Essay

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.

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