Prostitution in India: Socio-legal Aspects

ABSTRACT
The paper discusses pros and cons of the legalization of prostitution and decriminalization of
related activities, proves the necessity of resolving the issue from the perspective of human rights
and interests of society, This article also evaluates the puns of prostitution and pros and cons pf
life of the women who indulge in it. In most of articles we have study about how this profession
affect the life of women but in this we will further study about the cons for the women who are
working in this profession. for this paper is examining arguments ensuring the legal
protection of society and state at an adequate level. Prostitutes include streetwalkers, call
girls, brothel prostitutes, bar prostitutes, hotel prostitutes, and massage parlour prostitutes. The
definition of prostitute used in the study is "a person, especially a woman, who engages in sexual
intercourse for money as a livelihood. In this topic examines prostitution from the perspectives
of the prostitute, the moralist, the scientist, and the jurist.  prostitution laws throughout the world.
This includes a historical review of the development of prostitution law. The implications and
effects of three major legislative trends are considered, descriptions of workplaces, the nature of
sex work, and the men in the business are provided. Reasons prostitutes give for entering the
business are compared to the popular view of their motivation. Prostitution is more a business of
individual entrepreneurship now than it was in the past. More teenagers are becoming prostitutes
as well. Most prostitutes use drugs. The incentives to prostitution are the money and the feeling
of independence offered by the profession. However, prostitutes face extreme physical and
health dangers as well as the risks of fines and imprisonment. Social costs include the spread of
venereal disease, the association of crime and drug use with areas of prostitution, and law
enforcement. Such women are expected to satisfy the uncontainable vice of male sexuality.
Prostitution has been a part of our society since time immemorial. The article goes back into
history of prostitution in India. The paper further examines the meaning of the term
"prostitution" and the laws that define and deal with prostitution in India. The article further
examines the scenario of different countries status as to legality of prostitution. The article
further dwells into examining the countries where prostitution is legalized and the scenario in
those countries’ this we will also see the image created by the society in these days in this
research we will also see how the teenagers adults indulge in it or use this profession to abuse
anyone. How today’s generation broke up in love and they tag the other as a prostitute. Without
knowing the reality of this profession. This profession is not an enjoying job this source for
earning the livelihood. no one has any right to discriminate one’s image without knowing his or
her difficulties of doing this profession. A profession is a choice not enjoyment. In this papers we
will understand this basic and real points of prostitution. That whether it should be criminalises
or decriminalised.
INTRODUCTION

The work of a Prostitute: the act of having sex in exchange for money.
Prostitution is the business or practice of engaging in sexual relations or sex acts in exchange for
pay mentor some other benefit. Prostitution is sometimes described as commercial sex.
Ancient India gives the highlight of Sacred Prostitution or Religious Prostitution, a sexual
intercourse or other sexual activity performed in the context of religious worship (Devadasi) and
where payment for services was not involved. In India, the Vedas, the earliest literature had
references to Prostitution. Rigveda mentions the word sadbarani, which refers to a woman who
offers sex for payment.
Kautilya “Women who lived by their beauty (rupajivas) could, however, entertain men as
independent practitioners”, gives account of Prostitution.
In India, prostitution (the exchange of sexual services for money) is legal, but a number of
related activities, including soliciting in a public place, kerb crawling, owning or managing a
brothel, prostitution in a hotel, child prostitution, are crimes. Prostitution is legal only if carried
out in private residence of a prostitute or others. But many brothels illegally operate in many
Indian cities.

Meaning
The word Prostitute is derived from the Latin word PROSTITUTA. The verb is a composition of
"Pro" which means "up front" or "forward" and "Situere", means "to offer up for sale".

Why Prostitution ?
 Economic difficulties
 Peer Pressure
 Lack of Parental Care
 Deceit by criminals

Prostitution legal in India

As far as law is concerned it is not illegal in India.
 Law related provision

The most basic law regarding the sex workers‟ status The Immoral Traffic (Suppression) Act
was passed in 1956. It is also referred to as SITA. This law states that prostitutes are allowed
to work their trade in private but they cannot carry out their business in the open. Indian laws
however do not regard sex in exchange of money as prostitution. As per laws, clients can be
arrested if they indulge in any sexual activity in public. Different sections of the IPC are
employed to bring charges of supposed-criminal acts like public indecency against sex
workers. They can also be accused of being public nuisance.
 Section 372 of Indian Penal Code. Selling minor for purposes of Prostitution,etc‟‟
Whoever sells, lets to hire, or otherwise disposes of any 1[person under the age of eighteen
years with intent that such person shall at any age be employed or used for the purpose of
prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or
knowing it to be likely that such person will at any age be] employed or used for any such
purpose, shall be punished with imprisonment of either description for a term which may
extend to ten years, and shall be liable to fine. 2[Explanation I.—When a female under the age
of eighteen years is sold, let for hire, or otherwise disposed of to a prostitute or to any person
who keeps or manages a brothel, the person so disposing of such female shall, until the
contrary is proved, be presumed to have disposed of her with the intent that she shall be used
for the purpose of prostitution. Explanation II.—For the purposes of this section “illicit
intercourse” means sexual intercourse between persons not united by marriage or by any union
or tie which, though not amounting to a marriage, is recognised by the personal law or custom
of the community to which they belong or, where they belong to different communities, of
both such communities, as constituting between them a quasi-marital relation.]
Section 373 of Indian Penal Code. Buying minor for purposes of Prostitution,etc”.
Whoever buys, hires or otherwise obtains possession of any 1[person under the age of eighteen
years with intent that such person shall at any age be employed or used for the purpose of
prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, of
knowing it to be likely that such person will at any age be] employed or used for any purpose,
shall be punished with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine. 2[Explanation I.—Any prostitute or any person keeping
or managing a brothel, who buys, hires or otherwise obtains possession of a female under the
age of eighteen years shall, until the contrary is proved, be presumed to have obtained
possession of such female with the intent that she shall be used for the purpose of prostitution.
Explanation II.—“Illicit intercourse” has the same meaning as in section 372.]

Is Prostitution is a deal as relation with rape cases reduction?

If we come through the point that prostitution reduces rape cases then in my view this statement
is somehow correct, if a man with brute sexual desire wants to fulfil his urge of sex with opposite
gender then they can fulfil it with them who can easily offers her body so somehow prostitution
can be good option in this in a way that one gender is taking it’s requirement {money} and other
is fulfilling his desire . It Shows that prostitution reduces attempted rape, at the expense of
raising completed and outdoor rape.
Proponents of legalizing prostitution believe it would reduce crime, improve public health,
increase tax revenue, help people out of poverty, get prostitutes off the streets, and
allow consenting adults to make their own choices. They contend that prostitution is a victimless
crime, especially in the 10 Nevada counties where it remains legal. As far as legalizing
prostitution in concerned it is already legal in India.
In India, prostitution (the exchange of sexual services for money) is not illegal, but a number of
related activities, including soliciting in a public place, kerb crawling, owning or managing
a brothel, pimping and pandering, are crimes.

Sex Education
There may be this point that legalizing porn or prostitution can decreases rapes but not control it.
Sex education is also an important thing we should teach our children when they reach a certain
age it’s a topic which we ignore because of society. In India, while talking about sex education,
much emphasis is given on teenage pregnancy and HIV/AIDS infection. It has often been
observed that there is lack of awareness not only with regard to ‘homosexuality’ but also
‘menstruation’. In spite of having discussions around teenage pregnancy, there is also a lack of
awareness around safe sex.

CONCLUSION
From the above notes we came to the the conclusion that legalizing prostition or porn can help a
person to fulfill his or her sexual desires and somehow can reduce rapes but cannot wipe out
rapes.

REFERENCE

 https://en.wikipedia.org/wiki/Prostitution
 https://en.wikipedia.org/wiki/Prostitution_in_India
 http://www.indiaspend.com/
 http://www.aaptaxlaw.com/IPC/section-372-373-ipc-selling-buying-minor-for-the-
purpose-of-prostitution-