Should Prostitution be Decriminalized in India?

This article is written by one of our authors  Shashank Sahay .

(Also read article on Women Exploitation in India)

The exponential rise in the number of women being trafficked inters and intra country has sparked off numerous debates. Some advocacy groups talk about issuing license to women involved in prostitution, thereby granting them the status of legitimate work.

Those in favor of legalization of prostitution as a profession argue that establishment of self regulatory boards constituted solely by sex workers would be able to check the inflow of new entrants especially with respect to their age and health. Once the women are

granted worker’s rights they will be able to attain their rights and exploitation by the pimp will come to an end. They also expect that in this way the stigma attached to prostitution will recede. They also advocate this will help to monitor spread of HIV/AIDS through sex workers.

Kareeba Kapoor playing th role of a sex-worker
(prostitute) in the movie 'Chameli'

This argument according to many who feel decriminalization of such acts would lead to social, political and cultural imbalance claim that the above argument prophesied by the pro legalization of prostitutes is wrongly based on the view that prostitution is a matter of exercising choice in the matter of work. The UN Protocol to prevent, suppress and punish trafficking in persons, especially transnational organized crimes is the latest UN Protocol aimed at combating trafficking.

Paoli Dam's character in the movie 'Hate Story' being trained by
prostitutes in a brothel

The profession of prostitution has been an age old profession that comes second to the profession of farming. Prostitution as a profession is here to stay, no matter how hard or applicable the laws may be amended. It is up to our Legislators to decide whether decriminalizing prostitution as countries like Unites States of America, Netherlands,  Brazil etc will help the exploited section of the society or will it further deteriorate their present status in the society. In India this is governed by the Immoral Traffic Prevention act 1986.

This article is written by one of our authors  Shashank Sahay .

Shashank Sahay is pursuing BA.LLB from School of Law, Kiit University, Bhubaneswar and is currently in 2nd Semester. So far he has managed to write research paper and articles on issues ranging from homosexuality, AFSPA (Armed Forces Special Millitary Act), JIHAD to status of marital rape in India. Apart from writing research papers, his interests include MUNning (model united nations) and playing Football.

Keywords: decriminalize Prostiution, child trafficking india, prostitution legalization, Immoral Traffic Prevention act 1986