July 27, 2021

laws related to prostitution in india

Prostitution, the practice of engaging in relatively indiscriminate sexual activity, in general with someone who is not a spouse or a friend, in exchange for immediate payment in money or other valuables. Prostitutes may be female or male or transgender, and prostitution may entail heterosexual or homosexual activity, but historically most prostitutes have been women and most clients men. It is one part of the sex business, alongside pornography, or any other sexual entertainment. Brothels are foundations explicitly devoted to prostitution. The situation of prostitution and the law changes generally around the world, reflecting contrasting conclusions. Some view prostitution as a type of abuse of or savagery against women, and kids, that assists to a new crime of human trafficking.

Historically, it has been seen that most prostitutes were women and the clients were male. But in 21st century, the population of male prostitutes has been increasing. Male prostitutes are called gigolo. Poverty and unemployment are seems to be the main reason where woman will choose to enter the industry of prostitution. Hagan and McCarthy (1997) measured the relationship of prostitution to a number of background factors, including age, gender, unemployment, hunger, shelter, number of times left home, length of time on street and street friends arrested. They found that unemployment and lack of shelter were the more influential predictors of entering into street prostitution. Foreign illegal sex workers earn more than 10 times their usual wage in a period of a month. This provided them sufficient income to support their families and to obtain their basic needs. Due to lack of working experience, youth has less job opportunities in the market. This situation has leaded them to a poor financial situation where they are forced to choose to enter prostitution as this job can provide them with wealthy income. Most of the women who are lived in rural society earn lower income compared to women in urban areas. They are often tricked into prostitution with guarantees of decent job opportunities in the city or abroad. Therefore, they are attracted to the job in the city offered by the middleman. There is also a possibility where they are kidnapped and are then forced to work as prostitutes. Women in particular are pressured to pay for their sibling’s education or support a sick family member. Other aspects such as dysfunctional families or constant sexual abuse from parents have lead adolescents to leave their home. Running away is often a survival or defense mechanism that follows sexual abuse, and sexual abuse is a factor commonly present among prostitutes.

 As per the Indian context, prostitution is not explicitly illegal as it is not specifically expressed prostitution to be punishable by law but few activities related to prostitution such as running brothels, soliciting, trafficking and pimping are all punishable offence in India under The Immoral Traffic (Prevention) Act, (1956).

As per Section 2(f) of The Immoral Trafficking Act (1956) gives the definition of “prostitution” as sexual exploitation or misuse of any persons for any business purpose. Section 372 and 373 of the Indian Penal Code 1860 also deals with prostitution but it is restricted to child prostitution only. Though under sections 366A, 366B, 370A of the IPC deals with punishing for offences of procreation of minor girl, importation of girl from foreign for sex and exploitation of a trafficked person respectively. Thus under IPC laws related to prostitution is quite limited.

The right to life incorporated under Article 21 of the Indian Constitution is available to a prostitute which was highlighted in the case of Budhadev Karmaskar vs State of West Bengal. In this case the accused, Budhadev Karmaskar was held liable for murdering a sex worker in Kolkata in the year 1999. The court further stated that a woman is indulged in prostitution not for pleasure but of poverty. If such a woman gets an opportunity to learn technical or vocational training, she can earn her basic livelihood from her skill instead of selling her body. Accordingly, the Supreme court directed the Central Government and the State Governments to make schemes for giving vocational training to the sex workers across the whole country.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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