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The Case for and Against the Legalization of Prostitution

Prostitution is a business or practices in which male or female take part in sexual activity in return of money. People who are engaging in this kind of activity is called prostitute. Status of prostitution various nation to nation it is not a definite profession. Apart from prostitution it has many forms like pornography and other sexual entertainment. Brothels house which are specially dedicated for sexual activity. Changing law regarding prostitution shows the changing prospects regarding the prostitution globally it creates an issue of human trafficking globally

  • In early Indian history, there was no concept of prostitution. there was concept of " dev dashi" dev dashi means servant lord Krishna. They spend their whole life in devotion of lord Krishna. Dev dashi considers God as their husband so they can't marry to any other man. later they were called as "NAGAR BADHU" means wife of the town. They show their art in front of kings and rich people they get so much respect from the royal family. even kings are not allowed to touch them [1]
  • When the Mughals came in India, they were having a concept of "HARAM". haram is a place where all the females who are related to king stays there and give sexual pleasure to king, they are not allowed to even seen any other man the king can make sexual relation to any dashi or any other woman stays there. according to Akbar Nama at the time of Akbar around 500 woman was there in haram
  • When the British came in India around 1858 to 1947. the nagarbadhus started getting invitation to show their art dancing and singing. then Britishers started forcing them to give sexual pleasure and it became concept of one night stand after that British officer started calling them for their sexual pleasure and this introduced prostitution in country like India.

    When India was going through bad economic conditions at the time of British rule peoples was not able to get even necessary for their livelihoods. So, Woman's started giving sexual pleasure in exchange of money to get livelihoods and to maintain their lifestyle. that time it was considered as an evil in Indian society [2]
  • During 16th to 17th century when some part of India was under Portuguese, Japanese rule women were brought in India as sex slave. In British rule also women were taken as sex salve for the army and officers too.

Country's Regarding Prostitution

  1. Country which do not tolerate prostitution and it is illegal ex: - Afghanistan, Moroccan etc
  2. Where prostitution is legal but with some restrictions ex: -India, Canada
  3. Where prostitution is legal and regulated by proper law ex: - Australia, Netherlands

Type Of Prostitution

Prostitution is a very broad profession it includes different category of profession few are given below:
  • Call Girls: Call girls are basically independent prostitutes. They personally initiate their customers through electronic means or through conversation with their client. Commonly, they operate the profession from their home or they go to hotels and clients' houses with heavy charges. Around 80% of prostitutes belong to this category. Their customers are businessmen and wealthy people. Call girls' charges are around 5000 to 10000 for one hour.
  • Street Walker: Street walkers are basically those prostitutes who get their customers in streets while standing or walking around. They engage in sexual activity in customers' cars or around some hidden place.
  • Escorts: The work of escorts is to advertise. Basically, escort agencies heavily advertise about prostitution on phones, books, and other media. They operate from any rented apartment or hotel. Their earnings are less as they share their earnings with the agency.
  • Brothel Workers: As the name implies, prostitutes who work in brothels. Individual prostitution is legalized in India, but brothels are still illegal. In Nevada, United States, brothels are legal, and they pay taxes for their business. The rate of sexually transmitted health issues is very low in that place.
  • Massage Parlors: General massage parlors give body massages to their customers, which is completely illegal. However, some massage parlors offer masturbation or sexual services to provide a better experience to their customers. This is completely illegal in India.
  • Bar And Casino Workers: Bar and casino workers generally do not provide sexual services themselves. They just meet at those places and engage in sexual activity at hostels or flats.

Cause Of Prostitution

  • There are Nemours reason of prostitution in India like increasing poverty as the level of poverty is increasing peoples are not able to full fill their necessity and not have good amount of income to fulfil their livelihoods. To full fill their family needs peoples started giving sexual pleasure in exchange of money. unemployment also has great contribution. When women's dont get any source to earn they start going towards this kind of profession. it has been seen that women of the remote areas fall prey to unscrupulous intermediaries who give them assurance of a good job and decent salary and sell them as a sex worker.
  • Society is also one of most important factors in giving influence in prostitution girls who got raped will not get accepted by society 6 % of the prostitution are those woman's who got raped or abused by any man these are the woman's who got ashamed for their rape and they are consider as reason of their rape not only by the society but also by their family and relative denial of justice and when they find no shelter and support in the society then they find their way in the darkness of Prostitution Or woman's who comeback from this profession society won't accept them too because of which they have no other option except going back to prostitution.
  • Economy condition of India is also very important reason in selling of woman. As sex work have better income than any other work. Income as a sex worker is higher than an average decent salary so in most of the case woman's get soled for sex work or to work as prostitute [3]
  •  A study from the United nation international labour's organization estimated 3.8 million children were victims of forced sexual exploitation in 2016. According to international labour organization report more than 70% of sex trafficking victims were located in Asia
  • Related To Prostitution

    • Abuse of a person for commercial purposes for consideration in money or in any other kind
    • As per sec 366(A) IPC, whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with the intent that such girl may be forced or seduced into illicit intercourse with another person shall be punishable [4]
    • As per Sec 2(f) of the immoral trafficking act, "prostitution means the sexual exploitation or abuse of persons for commercial purposes for consideration in money or in any other kind [5]"
    • As per sec 366(B) IPC, whoever imports into India from any country outside India or from the state of Jammu and Kashmir any girl under the age of twenty-one years with the intent that she may be, or knowing it to be likely that she will be forced or seduced into illicit intercourse with another person, shall be punishable [6]
    • As per sec 370(A) IPC, whoever imports, exports, removes, buys, sells, or disposes of any person as a slave, or accepts, receives, or detains against his will any person as a slave, shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine [7]
    • As per sec 372 IPC, whoever sells, lets to hire, or otherwise disposes of any person under the age of eighteen years with the 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 also be liable to fine [8]
    • As per Sec 373 IPC, whoever buys, hires, or obtains possession of any person under the age of eighteen years with the 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 purpose, shall be punishable with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine [9]

    If It Is Legal Then Why It Is Carried Secretly

    Even many times court held it legal and talked about the rights of the prostitutes but legislation made it limited and put so many restrictions on it which made it a secret profession

    The Immoral Traffic Prevention Act 1956:

    • Section 3: Any person who keeps, manages, or acts or assists in the keeping or management of a brothel shall be punishable on first conviction with rigorous imprisonment for a term of not less than one year and not more than three years and also with a fine which may extend to two thousand rupees [10]
    • Section 4: Any person over the age of eighteen years who knowingly lives wholly or in part on the earnings of the prostitution of any other person shall be punishable [11]
    • Section 5: Procures or attempts to procure any person, whether with or without consent, for the purpose of prostitution either by inducement, take or attempt the person [12]
    • Section 6: Act penalizes the people who detain a sex worker in the brothel or any premises where prostitution is carried on [13]
    • Section 7: Any person who carries on prostitution in the vicinity of a public place will get prosecuted under this section [14]
    • Section 8: Act penalizes the sex worker for seducing or soliciting a person for the purpose of prostitution. A sex worker cannot invite any person for the purposes of prostitution [15]

    Prostitution In Society

    According to functionalist theory, prostitution exists because it serves several important functions for society generally and for certain people in society. contribution of prostitute to make a society safe and peaceful in respect of woman is very higher. Apart from human trafficking and forced sexual activity there is one more side of this profession that is rape. Decrees in prostitution will lead to number of rape cases. So, prostitutes are not only doing their business but they are fulfilling the needs of the society and protecting the woman's of the so called reupdated society

    Prostitution As Profession

    In case Kamal Mukesh v. State of Maharashtra supreme court on India considered the rights of the prostitution and held that prostitution is not an offence and a woman have right to choose his profession. and now when the supreme court of India made it legal prostitute also got all the rights. now the time is changed and women are choosing prostitution as profession because of good income.

    That era is passed where women was choosing this because of social boycotted or economical condition. Now in metro citizen woman's belonging from very wealthy families are also choosing this profession but Indian society is not able to accepted prostitution as profession even after the judgements and legislation

    Case Law Regarding Prostitution

    In case of Kamal Mukesh v. State of Maharashtra, the Supreme Court said that prostitution is not an offense, a woman has a right to choose her vocation[16] drive them in this profession. In another case Buddha Deva Karmaskar v/s State of West Bengal in this case the court accepted the rights of prostitutes. This case showed the miserable condition of prostitutes that's they do not work because they enjoy but property

    Prostitution is very secret profession as it is not accepted by the Indian society but legally it is considered as a profession and women can do this without doing any illegal activity. In many cases supreme court sneaked out about the rights of the prostitutes and openly talked about the prostitutes and considered prostitution as profession. For Indian society this is the right time to accept the prostitution as a profession and not as a crime.

    Reference By Web:
    Reference By Book:
    • Immoral Trafficking Act [1956]
    • Indian Penal Code [1860]
    1. Available at, last visited 28 September 11pm
    2. Available at, last visited on 28 September 11pm
    3. Available at, last visit at 26 September 8pm
    4. Indian penal code 1860, Sec 366(A)
    5. Immoral trafficking act 1956, Sec 2(F)
    6. Indian penal code 1860, Sec 366(B)
    7. Sec 370(A)
    8. Sec 372
    9. Indian penal code 1860, Sec 370
    10. Immoral trafficking act 1956, Sec 3
    11. Sec 4
    12. Sec 5
    13. Sec 6
    14. Sec 7
    15. Immoral trafficking act 1956, Sec 8
    16. Kamal Mukesh v State of Maharashtra

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