“I disapprove of what you say, But I will defend to the death your right to say it” – Voltaire
Sonagachi , Kamathipura , MeerGunj , GB Road – these are some of the infamous red light districts in India , where some out of the two million sex workers in India live in squalor and poverty. The extremely vulnerability of this section of society is partly due to their legal position.
Under Indian law, prostitution per se is legal. The immoral traffic (Suppression) act passed in 1956 is the primary law governing the prostitute’s status. Some of the acts prohibited by the Act are –
- Brothel Keeping ( Section 3)
- Living on earnings of sex work ( Section 4)
- Procuring, inducing or detaining for prostitution ( Section 5 & 6). Penalties are higher in cases involving children or minors.
- Prostitution in areas notified by Police and near public places ( Section 7)
- Soliciting ( section 8)
This act has been changed into immoral traffic prevention act in 1986.
We notice that sex workers are not recognised in the ambit of normal labour laws and that male sex workers are not recognised at all. Article 19 (g) of the constitution which gives a person a right to practice any profession somehow does not cover this. The law/act in effect does not protect the rights of the sex worker, but through its provisions makes it very easy to criminalise and penalise a sex worker. At times, different sections of the IPC are employed to bring charges of criminal acts like public indecency and public nuisance against sex workers. The basic issue being that neither the IPC nor the immoral traffic prevention defines what these crimes constitute and hence sex workers are left in an extremely vulnerable position and to the mercy of the officer who brings these charges against her.
It is quite appalling that our laws are not protecting the sex workers who are citizens but yielding to popular mindset of protecting “culture” which has no rational or absolute basis.
It becomes important to recognise prostitution as a legally valid occupation as this will enable sex workers to enjoy similar rights as other labourers. This will in turn end persecution of them by police and public at large and they will be in control of their body and occupation and have the fundamental right to life with dignity.
While some may argue that legalizing the profession may lead to illegal brothels popping up or illegal trafficking – it will be good to remember that these are administrative issues. Lack of a strong administrative mechanism is not an excuse to not provide legal recourse to all individuals equally.
In conclusion, legalising prostitution restores the right to life with dignity for sex workers and should be looked into seriously.
Business Management 
Thought provoking. Well written
LikeLike
Brave post Rini !! Well said, law cannot be half-hearted. Legalize sex workers – men, women, transgenders. Provide them adequate rights, protection, rehabilitation and insurance as needed. Society and Government should be equitable to all.
LikeLike