In 2012, however, the central government appealed to the Supreme Court, arguing that sex workers are not allowed to practice their profession under the “constitutional right to live in dignity.” The government`s lawyer argued that such court approval would be ultra vires of the ITPA, which completely prohibits prostitution. Counsel for the opposing party argued that the law only prohibits brothel activities and punitive measures against pimps. The Supreme Court agreed to consider the plea. [61] The Latin term prostiture, meaning publicly displayed, is the origin of the word “prostitution.” Prostitution is the practice of providing sexual services for payment. Prostitution, like other acts of violence committed by men against women, is a problem that mainly concerns women, since most of the victims are women. Rishikant, a longtime activist with Shakti Vahini, a nongovernmental organization that fights human trafficking, told The Diplomat that “what is needed is clarity or transparency regarding sex work and sex trafficking. For a woman who is forced into prostitution and has no right to express herself, where is the question of consent. A prostitute is also entitled to the protection of the right to life under section 21. In Budhadev Karmaskar v. State of West Bengal, this has been explained.
It has been argued that because sex workers have the right to live, no one has the right to attack or kill them. The decision also drew attention to the plight of sex workers and expressed sympathy for the fact that these women are forced into prostitution not out of passion, but because of extreme poverty. It also called on the central and state governments to open rehabilitation centres and provide technical and vocational training, such as sewing, to help these women find alternative sources of income. ITPA`s life clauses on a sex worker`s income are being challenged in court, as are the criminalization of brothels, prostitution in a registered public place, advertising, and a judge`s power to remove sex workers from their homes and prohibit their re-entry. Other groups are campaigning in parliament for legislative changes. [59] [60] Parts of Bengal are also dominated by the chukri system, in which a woman is forced into prostitution to pay off her debts as a form of debt bondage. In this system, the prostitute usually works for a year or more without pay off a supposed debt to the brothel owner for food, clothing, makeup, and living expenses. In India, the “central government-funded program” provides financial or in-kind benefits to laid-off bonded labourers and their family members, the report said, adding that more than 2,850,000 people have benefited so far. Nearly 5,000 prosecutions have been registered under the Bonded Labour System Abolition Act 1976. In the Indian context, prostitution is not explicitly illegal, although it is declared unethical by the court, certain acts that facilitate prostitution are considered illegal and acts such as running a brothel, subsisting on money raised through prostitution, recruiting or inciting a person to prostitution, trafficking in children and women for prostitution, etc.
are explicitly made illegal by the Prevention of Immoral Trafficking Act 1956 (ITPA). For example, sex racketeering is illegal, but private prostitution or receiving compensation in exchange for consensual sex without prior request may not be illegal. “Whenever there is a raid on a brothel, as voluntary sex work is not illegal and only the operation of the brothel is illegal, the sex workers involved should not be arrested or punished, harassed or harassed. In India, he took the path of devotion. In ancient times, there was the Devadasi system, where it was a predominant practice among Hindus to give their female child the purpose of dancing in temples and worshipping God. However, with the decrease of feudalism, these so-called devadasis lost their protectors and were mistreated by the priests of the temple. It was the first form of prostitution. This practice continued to flourish in British times when these foreigners restricted the traditional textile industry, weapons, etc.
and these communities had to turn to prostitution to make a living. Prostitution or sex workers are not prohibited or punishable by this law, but surrounding activities are criminalized by this law. All third parties involved in this profession are punished, making it difficult for sex workers to engage in prostitution. In my opinion, this is a direct violation of Articles 19 and 14 of the Constitution of India, as this law intentionally makes it difficult for sex workers to practice their profession without fear of being caught. The rising poverty rate has pushed many people, especially young people, to urban areas, where they see prostitution as a living way to meet their needs and those of their families. If you take a look at the idea of prostitution, you will understand that prostitution was not as inevitable in pre-modern times as it is today. The process of urbanization has led to a significant movement in the structure of our reality. Urbanization triggered the development of free enterprise, which allowed for a rise in class polarization, exacerbating the incidence of misery, unemployment, crime and alienation.
This situation has led to a more notable prevalence in prostitution as a way for people, especially women, to try to adapt to grim economic realities. Some women are also brought into sex work due to unemployment. The lack of employment opportunities has forced women to desperately resort to illegal businesses to generate income. The Prevention of Immoral Trafficking Act 1956 makes certain acts illegal. These acts include inciting prostitution, running a brothel or allowing certain places to be used as brothels, living off the income of a prostitute`s money, inciting or abducting a girl into prostitution, imprisoning girls in brothels, luring a person detained for prostitution, and engaging in prostitution within 200 metres of a public place such as: School. Colleges, temples, hospitals, etc. Anyone who contacts an escort agency will not be punished as there is no law to punish clients of prostitution. It is up to us, as responsible people, to decide how we deal with prostitution. Will we accept it with open arms and understanding, or will we continue to live in denial? Many countries have opted for the latter option and many countries have legalized it. Below is a list of the benefits of legalizing prostitution. The abolition of prostitution is a gigantic task, because it is a centuries-old practice that has existed for too long. Although it has been described as illegal, it still continues.
This could be due to a lack of law enforcement or an inability to restrict this practice. To combat this problem, the legalization of prostitution could be decided, because abolition seems to be a daydream. The main problems faced by sex workers in India stem from the fact that the mysterious nature of sex work, while not illegal, gives the illusion that it is a crime. The police, the judiciary and legal personnel also contribute to sex workers being seen as perpetrators of crimes rather than being at the end of them. The opportunities for rape, violence and trauma that clients can inflict on sex workers have been overlooked. Because labor is considered “immoral” or “dirty,” any disease caused by poor sexual and menstrual hygiene – especially HIV/AIDS and cervical cancer – does not receive proper medical care. In addition, due to the lack of ration cards or their non-recognition, sex workers are not eligible for subsidized funds for lower socio-economic areas. It is a vicious circle of segregation, deprivation and, ultimately, marginalization. Children born in brothels are not easily accepted into school. Many of them do not receive valid identification documents to be eligible for government assistance.
The progressive scale of mobility, which seems so easily accessible to everyone in our democratic society, is far from a reality for the children of sex workers. Many continue to work in the same profession as their mothers. Public places within the meaning of this Act include places of public religious worship, educational institutions, homes, hospitals, etc. A “notified area” is a place declared “free from prostitution” by the state government under PITA.
