Prostitution in India and legal aspects
Prostitution in India
Introduction
Prostitution is a complex and controversial issue, it is technically illegal in India for certain activities such as running brothels, soliciting in public places are explicitly prohibited under the immoral traffic prevention act (1956)(ITPA), however, the act of prostitution itself is not crime.
Prostitution in India is a multifaceted issue that has deep historical roots and continues to pose significant challenges to society. Despite being technically illegal in most parts of the country, the practice persists, with varying degrees of regulation and enforcement.
What is the Definition of prostitution?
As per section 2( f) of the immoral traffic prevention act 1956, a prostitution is defined as the sexual exploitation or abuse of people for monetary purposes, and a prostitute is a person who gains that commercial benefit.
Wikipedia defines as "Prostitution is the business or practice of engaging in sexual activity in exchange for payment"
Cambridge Dictionary defines as " the business of having sex for money "
History of prostitution in India
Prostitution is deeply rooted in human history, with records of it's existence dating back to ancient civilizations. Throughout different eras and cultures, the status and treatment of sex workers have varied significantly. Prostitution in India has a long and intricate history, dating back to ancient times. Various factors, including the influence of colonialism, cast system, economic disparities, and social norms, have shaped the development and perception of prostitution in the country. Understanding this historical context is crucial to comprehend the current realities and challenges faced by sex workers in Indian.
Records suggest that occupation of prostitution started in Babylon city (Mesopotamia civilization )in 2400 BCE. King Hammurabi at that time (of Babylon city) lays down sone provisions for protection of sex workers.
We find mentions of prostitutes related terms in 'Puranas' also Puranas have laid down that women who shared her couch with two men was called Kulata, with three was a Darshini with four was called Pungaschlea and with five was called Veshya, the woman who gave herself to people more than five in numbers was known as MahaVeshya.
During the Mughal period in India (1526 - 1857) there was a significant presence of prostitution in urban areas (densely populated areas) Prostitutes, often referred as 'Tawaif' and prostitution as 'Tawaif culture' which had a distinct place in Mughal society. However it's important to note that not all women involved in sex work during the mughal period were Tawaifs, there were also street prostitutes, referred to as randis or ganikas, who operated outside the formalized tawaif system. These women were typically from lower socio economic backgrounds and engaged in sex work as means of survival. The mughal emperors maintained extensive 'Harems' which include concubines and slave women who were essentially sexual companions. The sexual exploitation of women was prevalent during mughal period.
Under British administration, certain areas in major cities were designated as red light areas, where prostitutes were officially recognized and regulated. These areas were known as "cantonments" or 'European quarters' and were primarily establish to provide services to British soldiers, twelve to fifteen women were restricted to a regiment of 1000 soldiers. These women were often held back against their will and had to undergo regular checks for venereal diseases.
Why Females join prostitution as profession
Violation of human rights of prostitutes
The debate around prostitution in India is multifaceted and involves discussion about numerous challenges faced by sex workers including discrimination, violation of human rights, limited access to health care, many are vulnerable to exploitation and abuse. They can't even file report in police station against any kind of abuse.
A sex worker has greatest risk of getting sexually transmitted infections (HIV) a sex worker do sex with different men each day, she might be willing to protect her by using condoms but people who pays for it, sometimes don't use protection and also demands for sodomy, They may even become violent if she refuse unsafe sex practice.
VIOLENCE;- a sex workers living in brothels with other sex workers or on the street, these conditions make it easy for her to be violently attacked, raped or robbed, especially if she is child. sex worker is controlled by a man (middleman) who gets part of her money he will often use violence to keep her under control. Sex workers is often denied any legal rights, including protection from the police. Most of the time prostitutes never visit to Police, because they are afraid that what if police arrest her in protection related crimes.
Supreme Court in Budhadev Katmaskar v. State of Bengal and ors.
Held that the prostitutes are entitle for fundamental rights as other citizens of country. Court orders that every citizen irrespective of profession, has right to Dignity of Life granted under Article 21 of indian constitution.
Conclusion
In ancient times there was no codified law, whatever the society accepts becomes law. But today every country has its own codified laws, in India we don't have any specific law for prostitution which legalize it or says it is illegal but there are provisions where it is expressly mentioned that running brothels, seducing or soliciting for purpose of prostitution is crime. Besides this voluntary sex is not illegal if both the woman and man are major (above 18) they can enjoy their life as they wants as they are protected under fundamental rights.
I believe if prostitution is totally decriminalized in India, it will show good results in preventing crimes against women, will help prostitutes to work in regular environment where they can have full access to all healthcare as well as other basic facilities, sex workers could work independently without the support of middleman (dallal) and will earn more money, will be new source of tax revenue for government, sex workers will get access to all legal rights and protection from police without any fear of getting arrest.
This Article is Written by
"Shivaji Rathore
LLB student, Law department, jammu university.
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