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Prostitution, the act of engaging in sexual activities for money, is a controversial and often taboo topic. It has been present in various forms throughout human history, and India is no exception. However, despite being a prevalent issue in the country, the legality and morality of prostitution in India are still heavily debated.

Legality of Prostitution

In India, prostitution is not illegal, but activities associated with it, such as soliciting, running brothels, and pimping, are considered criminal offenses under the Immoral Traffic (Prevention) Act, 1956 (ITPA). The law aims to combat the exploitation of women and children for the purpose of prostitution.

By gradually criminalising various aspects of sex work, the law was intended to limit and eventually abolish prostitution in India. The main points of the Act are as follows:

Prostitutes Who Seduce or Solicit: A prostitute who seduces or solicits will be prosecuted. Similarly, call girls are not permitted to make their phone numbers public (punishable with imprisonment up to 6 months with fine). Prostitution near any public place or notified area is also punishable with imprisonment of up to 3 months with fine.

Clients: If a client engages in sex acts with a sex worker within 200 yards of a public place or "notified area," he is guilty of consorting with prostitutes and can be charged with imprisonment of up to 3 months. If the sex worker is under the age of 18, the client may also be punished with imprisonment for 7 to 10 years, irrespective of the age of the minor.

Pimps: Pimps or live-in lovers who live off a prostitute's earnings are breaking the law. Unless he can prove otherwise, any adult male living with a prostitute is presumed guilty and punishable with imprisonment of up to 2 years with fine.

Brothel: Landlords and brothel-keepers can be prosecuted, and keeping a brothel is illegal (up to 3 years in prison with a fine for the first offence). Detaining someone in a brothel for the purpose of sexual exploitation can result in criminal charges (imprisonment of more than 7 years). Prostitution in a hotel is also a crime.

Procurement and trafficking: Anyone who procures or attempts to procure anyone is subject to punishment. A person who transports a person from one location to another (human trafficking) can be prosecuted similarly (7 years in prison with a fine for the first conviction, and up to life imprisonment for subsequent convictions).

Women Rescued: The government is legally required to provide rescue and rehabilitation in a "protective home" for any sex worker who requests help.

Note:

A "public place" in context of this law includes places of public religious worship, educational institutions, hostels, hospitals etc. 

A "notified area" is a place which is declared to be "prostitution-free" by the state government under the PITA. 

"Brothel" is a place which has two or more sex workers. 

Prostitution itself is not an offence under this law, but soliciting, brothels and pimps are illegal.

Sections 372 and 373 of the Indian Penal Code 1860 also address prostitution, but only with regard to child prostitution. Sections 366A, 366B, 370A of the IPC deals with punishment for offences of procreation of minor girl, importation of girl from foreign for sex and exploitation of a trafficked person respectively. Thus, the scope of IPC laws governing prostitution is quite limited.

Judicial Views:

In a recent order, the Supreme Court has directed that police should not intervene or take criminal action against adult and consenting sex workers in a significant order that recognises sex work as a "profession" whose practitioners are entitled to dignity and equal protection under the law.

“It need not be again say that notwithstanding the profession, every individual in this country has a right to a dignified life under Article 21 of the Constitution,” the court observed.

“It has been noticed that the attitude of the police to sex workers is often brutal and violent. It is as if they are a class whose rights are not recognised. The police and other law enforcement agencies should be sensitised to the rights of sex workers who also enjoy all basic human rights and other rights guaranteed in the Constitution to all citizens. Police should treat all sex workers with dignity and should not abuse them, both verbally and physically, subject them to violence or coerce them into any sexual activity,” a three-judge Bench led by Justice L. Nageswara Rao directed in an order which was passed after invoking special powers under Article 142 of the Constitution.

The Bench ordered that sex workers should not be “arrested or penalised or harassed or victimised” whenever there is a raid on any brothel, “since voluntary sex work is not illegal and only running the brothel is unlawful”. “Basic protection of human decency and dignity extends to sex workers and their children,” the court noted.

Morality of Prostitution

The morality of prostitution is a highly debated topic in India, with strong opinions on both sides of the issue. Those who argue against prostitution often view it as a morally degrading and exploitative practice that goes against traditional cultural values and religious beliefs.

On the other hand, proponents of prostitution argue that it is a legitimate form of work that should be recognized and regulated. They believe that legalizing prostitution would allow sex workers to have access to safer working conditions, health care, and legal protections.

Conclusion

Prostitution is a complex issue that cannot be easily resolved. While the legality and morality of prostitution in India continue to be debated, it is important to prioritize the well-being of sex workers. Providing access to resources such as health care, education, and legal protections can help to address some of the underlying issues that drive women to engage in sex work. However, ultimately, creating a more just and equitable society will require a multifaceted approach that addresses poverty, inequality, and discrimination.

References:

https://www.thehindu.com/news/national/supreme-court-recognises-sex-work-as-a-profession/article65461331.ece

https://blog.ipleaders.in/legal-aspects-related-to-prostitution-in-india/