By: Yashika Patel
India is one of the developing countries, because of its changes and technology but one thing which does not change is prostitution. prostitution is an old age concept. It becomes a part of Indian culture but also this profession has not got any remembrance in the society. Immoral trafficking and prevention act 1986 are the current laws which deal with prostitution.
As we all know that Indian law is very bulky and unclear when it comes to the prostitution law. In today’s world prostitution is practice openly in the public places it is a type of offence. The most terrifying part of this profession is that if any girl is once trapped in this work then society as well as her parents refused to accept her and then she has no other option other than to accept the situation. There are at least two million sex workers working in India excluding unofficial numbers. There is no proper law for this profession. The people in the current society things that even the word prostitution is taboo.
Most of the girls are kidnapped or trapped from the rural areas and then they are transported to big cities like Mumbai, Kolkata, etc. In India the biggest red light area situated in Mumbai and Kolkata. They are forced to live in a condition that is not safe for hygienic for them. sometimes they have to serve more customers in a day which leads to many diseases some of them are sexually transmitted diseases, age, breast cancer, etc.
Before moving towards a debate that why prostitution should not be legalized. Firstly why the society always blame the woman who said her body to on her livelihood why they are not believing those who are buying them for stops there should be strong reason for legalizing it.
HISTORY OF THE PROSTITUTION IN INDIA
Everything today we see has a history some things were started in history they ended in history as well but some are followed today also that is prostitution, now history has been classified into three categories named religious, ancient and literature. The religious history is all about supreme people (god) which we worship on the name of God their sayings , teaching, and characteristics.
It is also mentioned in Vedas that in the court of Indra had two dancers in his court namely Uravasi and Menaka they were known as the biggest assets of his court. It is also said that whenever his crown was in danger these dancers were used as weapons by sending them to enemies to distract and seduce them with their beauty but now these women are called prostitutes on that period they were given respect. Not only in Vedas but Bible has also mentioned about the prostitutes in which a woman was welcomed by the Jesus Christ in the kingdom knowing that she is a prostitute.
Our attitude is making the prostitutes suffer if we are following the sayings of our God then we should not have different approaches for prostitute and prostitution. India is a country where in ancient times prostitution was common from Gupta’s to Aurangzeb in their courtroom also prostitutes were called to entertain them they had a importance .kings use spend time with them to release their stress and at war they use to go along with them to provide sexual services to the soldiers to motivate them to fight in battlefield.
The festival of Navratra is most famous festival in India this is celebrated for coming of lord Durga in nine different ways or avatars for nine days there use of 18 soils to make a statue of lord Durga which is taken from different places one of the place from where this soil is taken is the home of prostitutes . The ironical thing about India is the statue of God is made from the soil of prostitutes doors and now women’s are considered to be not more than garbage.
The sculptures are the best example of history in which they describe about sex it can be known from this our ancestors were open minded they use to think out of the box that’s why sex was also said an art they didn’t avoid these things but as fast as we our moving towards modernization people have started thinking the word prostitution as a abusive word. Nor its time to think about prostitution otherwise equality will be a myth.
Legalization of prostitution is the need of today’s world , as there were many practices which were made by our ancestors which were followed in history for instance the practice of sati , burning the widow with dead body of her husband, was also abolished in 1829 from this we can take one lesson that everything cannot viewed from same angle according to the perceptions of others buying and selling of sex is considered as a taboo in the society and sex industries are also flourishing the people who buy sex is two faced person at one part they would be against prostitution but at one part they are in favour of prostitution .
CAUSES OF WOMEN INTO PROSTITUTION
- POVERTY AND UNEMPLOYMENT
Poverty and unemployment compelled the woman to enter into the profession there are various factors which indulge women into prostitution that is shelter, hunger, age, gender, etc. Unemployment and lack of shelter are found to be a more influential prediction of women entering into prostitution due to this poor financial situation they are lead towards prostitution It is always noticed that single mothers fluently become a part-time prostitute to play for their maintenance.
- FAMILY EXPECTATIONS AND PROBLEMS
In many regions women are forced to support their families sometimes constant sexual abuse from parents and relative which lead them to leave their houses much prostitution present in brothel houses because of the sexual abuse and it has been stated that those children who are sexually abused will likely to be prostitution in future.
- WOMENS HAS BEEN TRICKED INTO PROSTITUTION
Women’s from ruler area tricked by telling them to earn money in big cities and many womens are trafficked from different countries if we take the example of India then prostitutes many victims are traffic from Nepal Sri-lanka that they would given good jobs, therefore, they get attracted to job sometimes they are kidnapped often.
Case – Gaurav Jain v/s Union of India
Public interest litigation was filed before the supreme court based on our red light trap society gives no chance to prostitution. The petitioner plead for establishing separate educational institutions for children of prostitutes but the supreme court did not accept the plea for hostels for children of prostitutes after that supreme court quoted that fundamental rights of women and children in the constitution of India said that as the prostitutes are poor illiterate and ignorant by rich section of the society and therefore they are exploited,provide that children should be given opportunities and facilities to develop in healthy manner and dignity
Case – Vishal Jeet v/s Union of India
There was a writ petition filed in the supreme court which provides medical aid, shelter, education to the children of prostitutes .In which supreme court issued to the state government to set up rehabilitation home for children who are working on the streets and to have those minor girls who are forcefully compelled in this industry to protective homes.
LAWS GOVERNING PROSTITUTION IN INDIA
IMMORAL TRAFFICKING (PREVENTION)ACT
This act was passed in 1986 is an amendment of the SITA . According to this law if any prostitute is seen soliciting in the public places will be arrested or others . In the same way call girls can also be arrested and imprisoned for 6 months along with the penalty. If any women are in this industry below the age of 18 years she can be jailed for 7to 10 years, ITPA also provides a special court for cases of trafficking.
If any person is found near the 200 yards of public places then he can be jailed for 3 months and need to pay financial penalties. Pimps who live on the earnings of a prostitute are declared as guilty as well.
INDIAN PENAL CODE 1860
In section 372 and section 373 restricted prostitution with minor worst thing is every year there is an increment of 10%and about two million women are engaging in this industry sometimes they are forced to work in this miserable place. Still, society treats them as garbage they are considered to be against of morals and ethics of Indian culture.
Prostitution in India is still because of various reasons but there are few factor which are increasing prostitution like lack of education, poverty, family, personal tragedies.
Legalizing prostitution will not lessen the burden of government, for instance, if we look at the countries who have legalized the prostitution like the Netherlands they had set the bar of age in which it is said women who are prostitutes will be registered at the age of minimum 18years but still facing the problem of child prostitution, conducting regular health check-ups will not help in stopping the sexually transmitted infections and also keeping criminal records of them will help little, according to government legalizing prostitution will help them to make more revenue in regard of this there will be an increase in revenue through taxes, foreign exchange and employment rate will increase but the adverse effect of it will be that sex trade in the country will increase.
The only reason of legalization of the prostitution is for the fulfillment of lust of men’s so that the rate of rape could decrease but instead but this legalization might ruin the lives of innocent womens and children’s therefore instead of legalization of prostitution we can make a laws so strict that the person might not think of raping a girl for the fulfillment of his lust.
Government can take in consideration the strict laws of China, UAE,USA,UK etc. The legalization of prostitution had no good to the countries who tried this aspect, for instance in Netherlands forced prostitution has been increased from 15% to 30% in this forced prostitution many girls are imported from different countries into the market of sex trafficking because of which the child prostitution has also increased . Even if we legalise prostitution for the decrement of sexual assault in most of the cases it will be a type of silent rape.
 By Raja Ram Mohan Roy In 1815-1818
 1998 (4) SCC 270; AIR 1997 SC 3021
 According to section 39(f)
2 SCR 861,1990 (2) UJ 385
 Under section 8
 Indian penal code by S.N Misra