Legalisation of Prostitution

Legalisation of Prostitution

A prostitute is a person, "who allows her body to be used for lewd purposes in return for payment". Prostitution is the sale of sexual services, such as oral sex or sexual intercourse, for money. Prostitution the word itself speaks about the plight of a women .It is not a problem which exists in India but exists throughout the world.

Prostitution is regarded as the oldest profession in the world and there are several countries with long histories of this activity. India is one of those countries. Back in the era of kingdoms, courtesans were accorded regal status of sorts. However, the situation is now not that good for people involved in the profession. Most of them live in sordid conditions and once they get in there is almost no way out of the quagmire. In fact in India, there are several locations where prostitution happens to be the only way to generate any income.

As far as laws are concerned, prostitution in India is not illegal per se. However, Indian penal code states that certain activities related to prostitution are contraventions of laws such as  Soliciting such services at public places,  Carrying out such activities in hotels,  Kerb crawling,  Pandering,  Being an owner of a brothel or even running one, Pimping.

Now the situation is such that the aforementioned activities are integral to the profession itself. So, does by outlawing them the Indian legal system say that prostitution is effectively illegal? That is a question that needs to be pondered seriously.
Prostitution is a problem in itself and child prostitution is making it more complex. Out of the total number of prostitutes in the country, 35.47 per cent entered the trade before the age of 18 years.

The Immoral Trafficking Prevention Act, 1956 ("ITPA"), the main statute dealing with sex work in India, does not criminalise prostitution or prostitutes per se, but mostly punishes acts by third parties facilitating prostitution like brothel keeping, living off earnings and procuring, even where sex work is not coerced.

Section3. Punishment for keeping a brothel or allowing premises to be used as a brothel.

The prostitution leads to many health problems for the prostitutes as well as the clients like cervical cancer, traumatic brain injury, HIV, STD, Psychological disorders.

In a country like India where most of the people indulge themselves in unprotected sex with prostitutes it is very difficult to eradicate the problem of aids. Historically, the AIDS epidemic in India was first identified amongst sex workers and their clients, before other sections of society became affected. 

Without a shadow of a doubt, ending of forced prostitution has to be the focus of any activity directed against prostitution right now.

1.Prostitution cannot eliminate rape: Prostitution turns women into object of men's sexual use. They can be bought (prostitution) or stolen(rape). Promoting a culture where women can be bought , is the one where rape flourishes.

2. Sex trafficking: One can reasonably guess that people consider it as a last choice and a large portion of prostitutes are actually forced into prostitution. Legalizing it would encourage pimps to deceive impressionable youth into this business. Our newspapers are filled with stories of how people 'sold' their female family members. If this is happening when prostitution is illegal, think what will happen when it is made legal.

3. Commercialization of crime: When a pimp compels a  prostitute to submit to sexual demands as a condition of employment, it  is exploitation, sexual harassment, or rape -- acts that are based on  the prostitute's compliance rather than her consent. It does not matter whether she gets financial reimbursements for it. Moreover, think about what the clients will carry about image of women after their routine encounters with prostitutes.

4. Legalized prostitution fails: Amsterdam where prostitution has been legalized has become the center of world's largest human trafficking and money laundering schemes. Normalization of prostitution has increased the occurrence of rape in places like Nevada. Turning women into commodity, because of failure to protect them against rapes, is the ultimate failure of state machinery.
Therefore, when we are heading towards a country which ensures more empowerment to women , the step to legalise prostitution might bring is a century back and therefore it should be completely banned and sex should be out of consensus will not because of some monetary benefits.


These articles are given unreservedly as general aides. While we do our best to ensure these aides are useful, we don't give any assurance that they are exact or proper to your circumstance, or assume any liability for any misfortune their utilization may cause you. Try not to depend on data given here without looking for experienced legitimate guidance first. If all else fails, please dependably counsel a lawyer and fill the query box or call us at +91-8521228202 or drop us a mail at

Untitled Document