Jaipur: Supreme Court recently passed a judgement on sex workers and prostitution.
A three judge bench led by Justice L.Nageswara Rao directed that Sex workers are entitled to equal protection of law. The bench ordered that sex workers should not be “arrested or harassed” whenever there is a raid on any brothel. Let’s discuss the law further.
Q) What is Prostitution?
Practice or business where people take part in sexual activity in exchange for money. Whether its lawful or not, it varies from nation to nation and also from local area within nation. People engaged in this profession are referred as prostitutes.
Q) Is prostitution illegal in INDIA?
NO, prostitution itself is not illegal. The primary law dealing with the status of sex workers is the 1956 law referred to as the Immoral Traffic (Suppression) Act(SITA);according to this law prostitutes can practice their trade privately but cannot legally solicit customers in public.
Certain activities in prostitution such as running brothels, soliciting, trafficking and pimping are punishable offence in INDIA under The Immoral Traffic (Prevention) Act 1956.
Q) Are men also working as sex workers?
If you look at the history only females were involved in this but in the 21st era male, female and transgender all are working in this profession. According to BBC report, there is a high rise in terms of males as prostitutes. “GIGOLO” is the term used for male prostitutes.
Q) Changes after legalisation of prostitutes?
As the Supreme Court has already stated prostitution as a profession and demands equal rights, opportunities and respect towards them. Sex workers will be given equal legal protection and also labour rights. Any sex worker who is victim of sexual assault will be given all the services as a survivor of sexual assault gets. Police cannot harass them or insult them on the basis of their profession they have to take their complains seriously and act according to the law. With legalisation involvement of minors will be reduced as there will be license of very sex worker which will help in maintaining the data. There will be reduction in rape after legalisation it has been seen in Rhodes Island rape cases reduced to 39 after legalisation of prostitution.
Countries where prostitution is already legal,
New Zealand: Since 2003 it has been legal there and also licence are given to brothels who operate under public health and employment laws.
France: Legal but soliciting in pubic is not allowed.
