Journal of Positive School Psychology http://journalppw.

com
2022, Vol. 6, No. 9, 4159-4166

Legalization Of Prostitution In India: A Jurisprudential And

Psychological Analysis
Ms. Shweta Joshi1*, Dr. Namita Jain2
1*
PhD Research Scholar, School of Law, JECRC University, Jaipur, Rajasthan. Email-id: joshishweta794@gmail.com

2
Associate Professor & HOD School of Law, JECRC University, Jaipur, Rajasthan. JECRC University, Jaipur, Rajasthan.

*Corresponding Author:- Ms. Shweta Joshi

Abstract
Prostitution is as old as civilization itself, and has been a part of Indian society ever since the idea of marriage came into
existence. In recent days, prostitution has become synonymous with violence, discrimination and exploitation. Prostitution
is often seen as a taboo in Indian society, and requisite attention has not been paid for its regulation. This paper examines
the connection of prostitution with exploitation and violence, and looks into the possible effects of the legalization and
regulation of prostitution on the exploitation and assault on sex workers. There have been various acts by the post and pre
– independence governments regarding prostitution, and also various books and articles on its legalization. While these
works examine a broader aspect of the problem, two very specific aspects are scrutinized in this research paper.
Prostitution is here to stay, whether criminalized or not. Thus, it is better to address the elephant in the room and possibly
find techniques to alleviate the problems faced by women and children in prostitution.However the question that arises in
the case of prostitution is whether the occupation is such that it poses a serious immediate threat to a woman’s
psychological and physical health on a regular continuous basis? if so, then the act of sanctioning such an occupation and
creating a system that supports it leads to a paradox not only in a moral sense but also in keeping with the actual negative
effects of the occupation versus the benefits of legalizing prostitution.

Keywords: Regulation, Exploitation, Violence, Legalization, Sex worker

INTRODUCTION in a few states in Canada, Belgium, Australia,New

Zealand, and Brazil. Prostitution is not specifically
As psychologists, we hope to see a change in the
health professions’ relative silence regarding criminalized or regulated by law in India. The
prostitution’s harm to women, as well as a change Immoral Traffic (Prevention) Act of 1956 [2]
in the perspective on prostitution held by the (ITPA), also known as the SITA act, outlawed
criminal justice system.” prostitution-related activities like running a brothel
-Melissa Farley & Avnessa Kelly or working there, pimping, and organized sex work.
[Reference required] (also referred to as the same
The performance of non-selective sexual labor in from here on). For some reason, prostitution is
exchange for money or another kind of valuable referred to as "sexual abuse" in this act. The act,
consideration is one definition of prostitution. however, does not recognize men who have
Women are not the only ones who workin this field engaged in prostitution as having a legal right to
in the twenty-first century. Men and transgender recognition.
individuals also engage in prostitution, albeit to a
much lesser extent than do women. In the Rig Prostitutes frequently seek medical care because of
Veda, the act of prostitution is mentioned the stigma attached to prostitution. This covers
specifically in relation to India. During the Middle unintended pregnancies, HIV/AIDS, and other
Ages, musicians and dancers known as tawaifs STIs that are common among prostitutes. The
entertained India's nobility. This was a form of regulation of prostitution and brothels will
prostitution before it advanced to the point where therefore help to lessen the severity of this issue.
prostitutes offered sexual services to the general Prostitution in India has a long and colorful past
public. In the modern era, we call this activity that dates back to ancient times and included
prostitution. The most crucial question regarding British India in the 19th century. Additionally, it is
prostitution is whether or not legalizing it would be a widely accepted social fact in contemporaryIndia.
a step toward bettering or moving toward Additionally, Indian courts have acknowledged
worsening the situation. that "prostitution in society has not been a new
phenomenon. Rich communities exploit them and
Prostitution is currently legal in Austria, as well as harvest at their misery and ignominy in an
Dr. Namita Jain 4160

organized gangsterism, in particular with police punishment by the State Parties. The most recent
nexus. The poor, illiterate, and uneducated international treaty on this subject is the Protocol to
segments of society fall prey to the trap because Prevent, Suppress, and Punish Trafficking in
they are the intended audience for the flesh trade. Persons, Especially Women and Children, which
The illiterate, uneducated, and underprivileged supplements the United Nations Convention
segments of society are the targets of the trap. A against Transnational Organized Crime19.
class of women were described as being "trapped However, India has not yet ratified it, so it is not
as victims of circumstances, unjustified social currently in effect.
sanctions, handicaps, and coercive forms of the
flesh trade, optimized as prostitutes" in addition to This Protocol prohibits engaging in fraud,
this. This research paper will, whenever possible, deception, or the abuse of a position of
refer to "sex workers." However, it is acceptable to vulnerability while receiving, transporting,
use "prostitution or prostitute" when referring to harboring, recruiting, or transferring individuals
case law or legislative text that uses this phrase. for the purposesof prostitution, forced labor, or
This research paper's goal is to look into the other types of sexual exploitation. It also prohibits
different aspects of legalizing commercial sex work doing so whileusing force, the threat of using force,
in India and to determine whether or not it is even or by enticing individuals with the use of force.
feasible given the numerous social and legal This convention does as little as possible to
barriers that exist in our country. Beginning with a acknowledge the rights and agency of women
high-level overview of the international legal working in the sector and continues to be written in
framework for prostitution, sexual exploitation, language that is strikingly similar to that of the
and trafficking, this section of the paper will go on 1949 Convention. It does not distinguish between
to discuss the safeguards that are built into those forced prostitution and human trafficking on the
frameworks. onehand, and voluntary prostitution on the other,
which justifies the criminalization of these workers
The present paper is an attempt to gain greater and the denial of their fundamental rights. In a
clarity about the potential risks of this occupation. similar vein, there are specific provisions for
To assess whether commercial sex workers will employees in the sex industry in the Anti-Slavery
ultimately suffer traumatic experiences to such an Convention of 192622 and its Supplementary
extent that their psychological and emotional health Convention of 195623. According to one
will prevent them from leading functional interpretation of Article 1 of the Supplemental
productive social and healthy lives. Convention, linked labor in general and debt
bondage in particular are covered. These are the
INTERNATIONAL LEGAL FRAMEWORK groups into which the working conditions of sex
workers may fall. People who work in the sex
The rights and interests of those who work in the industry should be aware of the more general
sex industry are protected by a large number of international human rights instruments in addition
international treaties and agreements. The most to these specific international human rights
significant international agreement that addresses instruments.
the issue of those who work in the sex industry is
the United Nations Convention against Trafficking The relative contributions of the protections that
in Persons and the Exploitation of Prostitution of can be acquired via the use of these instruments
Others, which was signed in 1949. Insofar as it has must be outlined in a wide perspective. The two
fallen short of adequately recognizing the human instruments that have come to be associated with
rights of sex workers, this Convention exhibits an the defense of fundamental human rights of
abolitionist viewpoint. The promise to abolish sex individuals are the International Covenant on Civil
work and to view all sex workers as victims who and Political Rights (ICCPR) and the Convention
must be protected from themselves and on the Elimination of All Forms of Discrimination
rehabilitated is another tenet of this Convention. Against Women (CEDAW), which is possibly the
Even with the other person's consent, it is against best legal foundation for the protection of sex
this Convention to pressurethem into prostitution. workers. The primary international legal
Profiting from another person's prostitution, even framework for the defense of human rights is the
with that person's consent, is also against this Universal Declaration of Human Rights (UDHR).
Convention. Any individual who maintains or The International Covenant on Civil and Political
oversees the finances of a brothel or who Rights is another instrument that has come to be
knowingly rents or leases a structure or other associated with safeguarding individuals'
location for prostitution shall be subject to fundamental human rights (ICCPR). The Universal
4161 Journal of Positive School Psychology

Declaration of Human Rights (UDHR) preamble similar vein, the impactof the legislation has been
states that men and women have equal rights and relatively underwhelming. In addition to this, as a
dignities, the right to life and liberty, equal consequence of this, the police frequently
protection under the law, the right to be free from apprehend female sex workers rather than pimps,
all forms of slavery and servitude, the right to be procurers, or brother proprietors when they conduct
protected from arbitrary invasions of one's privacy, raids ("madam").
one's family, one's home, or one's correspondence,
the right to work, the right to free employment, and The International Trafficking in Persons Act
the right to fair and beneficial working conditions. (ITPA) is implemented in an inconsistent manner
The importance of this right is especially felt by toprostitute women for a variety of various reasons.
those who work in the sex industry. A person has One of these is the considerable collusion that
the right to an appropriate standard of living, which occurs between elected officials, law enforcement,
includes having access to housing, food, clothing, and brothel operators, which inhibits the severe
healthcare, and other crucial social services. This is execution of Act 91's requirements. This collusion
a very significant right. is one of the reasons why Act has not been
effectively enforced. This cooperation needs to be
Therefore, the protection of those who work in the brought to light and dismantled so that we can put
sex industry is in line with a number of fundamental an end to the inconsistent application of the ITPA.
rights and principles that are outlined in the
Universal Declaration of Human Rights. Similar The problem of corrupt law enforcement officials
rights are reflected in the International Covenant on being employed by various agencies is a
Civil and Political Rights (ICCPR), which places widespread one. It is possible that a more desirable
particular emphasis on the right to freedom of outcome could be reached through the
association. In order for this right to be granted, it implementation of reforms to the existing police
must be in the interests of public safety, national procedures utilized in ITPA cases as well as an
security, the preservation of morals and public inquiry into the corrupt behaviors of police officers.
health, or the defense of other people's rights and Because of this, training for those who workin law
effective anti-discrimination measures. CEDAW enforcement is a vital necessity.Studies conducted
contains provisions that deal specifically with in the field have uncovered the second recurring
issues related to prostitution and human trafficking issue with the ITPA's enforcement, and one of these
as well as the right to choose one's profession and studies indicates how difficult it is to collect
workplace. The CEDAW, or Committee on the sufficient evidence to provide an unequivocal
Elimination of Discrimination Against Women, conviction. This issue has been the subject of
recognized that unemployment and poverty can discussion for some time now. The number of
drive many women into prostitution and that these crimes that are reported in the official police
women are "particularly vulnerable to violence records and the number of crimes that are actually
because of their status, which may be unlawful, committed are said to be significantly different
tends to marginalize them." from one another, according to a number of officers
who work for the police department. This is due to
PROBLEMS WITH LAW ENFORCEMENT the fact that a significant number of the reported
PROBLEMS WITH LAW NFORCEMENT AND offenses were not properly documented (around 60
INADEQUACY OF THE AND INADEQUACY percent).The third issue is that the correctional and
OF THE ITPA: rehabilitation homes that have been constructed as
a direct result of the Act do not meet the necessary
The flawed and corrupt way in which the law is standards. These kind of institutions are referred to
being carried out in practice is the primary source as reformative houses.
of the issue, not the shortcomings of the ITPA
itself. The client, without whom the act of Because they are already at capacity, homes of this
prostitution cannot be carried out, is likewise kind are unable to accommodate the number of
excused from blame under the legislation, which is prostitutes who have been found guilty of violating
supposed to safeguard the exploitation of sex the ITPA 100 because there is not enough room for
workers but really works against those workers them. In addition, ex-convicts who have been freed
since it is meant to protect the exploitation of sex from protective homes should be given the
workers. It is abundantly evident that the mentality opportunity to reside in subsidized hostels and care
of the police and even the judges has not altered in facilities where they can receive assistance in
any way, which is one of the primary reasons why redefining who they are as surviving human beings.
the legislation has had such a limited impact. In a The regulations for protective houses need to
Dr. Namita Jain 4162

provide a variety of professional and occupational Decriminalization will allow those who operate in
training options, with each option being weighted the sex business in India to do so without fear of
according to the woman's potential and the value of police harassment, which is a major concern for
the field in question. many individuals in the sex industry in India. It
gives the bare minimum of a partial answer to some
Justice Ramaswamy's opinion in the case of Gaurav of the issues faced by men and women in the
Jain v. Union of India and others stated that prostitution industry. Decriminalization may result
"women found in the flesh trade should be viewed in the protection of worker rights and the
more as victims of socio-economic circumstances enforcement of criminal liability on brothel owners.
and not offender of the society." Some police The best interests of the sex worker are not served
authorities have already begun the process of by adopting a policy that punishes everyone else in
sensitizing the public toward sex workers and their the prostitution sector except her. In a paper she
treatment in accordance with Justice Ramaswamy's produced, Janice G. Raymond of the Convention
opinion. This is in accordance with the opinion that Against Trafficking in Women (CATW) offers ten
some police authorities have already begun. grounds against legalizing prostitution.

ASPECTS OF LEGALIZATION Legalizing prostitution will assist pimps,

traffickers, and the entire sex industry since it will
Legislation pertaining to prostitution has been legitimate sex buyers who would otherwise
drafted and executed under three distinct sets of purchase sex at the expense of the prostitute. This
laws, and each of these laws has a unique level of includes pimps, brothel owners, and independent
effectiveness and applicability. These beliefs are entrepreneurs. Prostitution is the form of sexual
referred to as the Prohibitionist system, the exploitation. Although legalization will raise the
Tolerationist system, and the Legalized Prostitution credibility of the sector as a whole, sex workers will
method, respectively. These techniques can be gain nothing from it.
divided into three categories: criminalization,
decriminalization, and legalization. The criminal The legalization of prostitution and the sex industry
justice system, often known as the prohibitionist encourages sex trafficking since there is no way to
system or the criminalization system, aims to ensure that immigrant sex workers will voluntarily
modify the criminal penalties in order to regulate consent to work in the sex industry. This would
and legalize prostitution. It seeks to eradicate make it easier for human traffickers to locate
prostitution because it views it as sinful. It potential victims. There is no foolproof method for
accomplishes this by criminalizing the activities of identifying situations of forced labor or sexual
all parties involved in prostitution, including compulsion.The legalization of prostitution has
brothel owners, pimps, procurers, customers, and little effect on sex industry regulation. They
prostitutes. Consequently, all typesof prostitution manufacture more of it. If more private investors
are illegal. participated, the prostitute industry would develop
significantly. As a result, the horrors that spurred
It is predicated on voluntariness and viewed as an the legalization of sex work in the first place would
act between two consenting individuals in a setting worsen. It could pavethe way for more forms of
where the State's involvement is limited to sexual exploitation, such as tabletop dancing, beer
eradicating coercive prostitution. In a system bars, peep shows, and pornography.
known as decriminalization or tolerance,
prostitution is neither considered a crime or a Legalizing prostitution encourages the
licensableactivity; rather, it is recognized as an act underground, illegal, and street variants of the
between two adults. To prevent excessive profession because many prostitutes find it more
exploitation and safeguard public health, the difficult to meet the standards for registration
government can implement a limited number of with the right authorities. Others may be minors,
preventative measures. Prostitutes in this culture undocumented immigrants, or suffer from HIV or
have nearly the same rights as other residents and other venereal diseases that make them hostile to
are not penalised for their trade. The objective of legalization. Collectively, these factors may
this system is not to criminalize prostitution per se; convince someone to oppose legalization. This
rather, it is to criminalize the trafficking of women would result in a substantial number of sex
and girls for prostitution, the operation of brothels workers moving underground, so fueling the
and pimping businesses, as well as the acquisition expansion of street prostitution and unlawful sex
and exploitation of real estate for prostitution. trade. Working on the streets exposes an individual
to a range of occupational risks, including the
4163 Journal of Positive School Psychology

possibility of sexual assault, unfair treatment by the owing to the stigmatization. Legalization of
authorities, and drug misuse. prostitution in India is also associated with curbing
health complications such as STIs and unwanted
According to research, after the legalization of sex pregnancies.
work in the Netherlands and Victoria,Australia, the
rate of child prostitution surged, leading to an In this context, there have been supporters of
increase in the variety of commercial sexual legalizing prostitution which includes sex workers
exploitation of minors. This shows that legalizing themselves. Legalization, especially in India, will
prostitution increases the number of children who help ridding prostitutes of exploitation and lack of
are prostituted. Legalizing prostitution will not healthcare. The countries where prostitution is
protect women who engage in it, as there would be legalized have shown a prominent decrease in
no safeguards in place to prevent sexual assaults. STIs. Thus the analysis of these policies in the
The client would benefit more from legalization current research can be taken as a precedent for
than the individual giving the sexual service. There framing policies in India. It analyzes and suggests
are many debates going on about whether liberal action plans regarding the legalization of
prostitution should be legalized or not. There are prostitution. In this respect, the research can serve
pros and cons to both. The researcher has tried to as a suggestion for the executive.This study will
analyze the effect of legalization on exploitation of benefit academicians, lawyers and students who
women and children and has tried to establish what would want to carry out further research on the
good it can do. matter, since prostitution is a sphere of society
which needs more research and perspective of the
Atrocities on women is gaining traction in recent aforementioned groups. It will help the general
years, and there have been many efforts to protect readers in viewing prostitution in the perspective
the rights of women and children. Considering this, of a victim, and also helps in gaining knowledge of
the researcher has given their perspective on the the plight of sex workers and possibly clear the
effectiveness of legalization of prostitution on stigma.
women who are victims.MIn order to scrutinize the The researcher intends to study the legalization of
topic at hand and provide a better understanding of prostitution in the context of India. All states of
the legalization of prostitution, doctrinal research India are covered in a general sense, and the
was conducted. The research conducted involved recommendations made are also broad in sense.
analysis of qualitative data such as books, articles, The research contains an account of the history of
judgments, websites, and law journals. These were prostitution, making the timeline broad as well.
collected form online database and sources such as The research however does not cover the effect of
JSTOR, Hein Online and SCC online. The legalization of prostitution with respect to the
reference to the same provided opinions of various health of sex workers, society in general, etc., and
researchers and social scientists and also helped also refrains from taking into account the status of
conclude the research. The advantages of such a prostitution in other countries.There are many
method of research includes better analysis of the sources, primary and secondary, which the
topic at hand and helps in identifying certain researcher has referred to. The primary sources of
loopholes and ambiguities in it. The books, articles data include international as well as national
and case laws used are not restricted to a particular statutes, acts and legislations. Articles, journals and
time period. This research paper spans legislations books written by significant authors form the
in various countries where prostitution is legalized secondary sources of data. The above mentioned
and regulated and compares the situation in India. sources were taken from databases and online
libraries.
The analysis and interpretation of previous or
already existing data fall under the range of Prostitution: Exploitation and Violence
doctrinal research. This is why doctrinal research is
best suited for analyzing the impact and advantages According to the definition offered by the Oxford
of the legalization of prostitution.Prostitution has English Dictionary, prostitution can be described as
existed in India since centuries. It has recently "the practice or occupation of engaging in sexual
gained a lot of supporters for it to be made a legal activity with someone for payment." It is
and normal profession without any stigma. In commonly believed that prostitution is one of the
India, prostitution rackets are run and this is often oldest professions in the whole wide world. In the
linked to trafficking and sexual abuse by men. The 21st century, women are not the only people who
prostitutes involved are victim to societal isolation engage in this line of work. Prostitution is not
and are sometimes denied basic fundamental rights exclusive to women; men and transgender people
Dr. Namita Jain 4164

are also participating, but to a much lesser extent guise of potential marriage or employment
than women. There are a few different kinds of opportunities. They are frequently coerced into
prostitution, the most common of which are entering the industry by members of their
brothels, escorted prostitution, and street immediate families. After being subjected to this
prostitution. The definition of prostitution's place in form of human trafficking, they are then put
the law varies greatly from nation to nation. At this through the most horrific form of torture at the
time, prostitution has been decriminalized and hands of their clients. This is something that can be
regulated in Austria, as well as in certain states in deduced from the numerous interviews of Indian
Australia, New Zealand, Canada, Belgium, and prostitutes conducted by a variety of researchers
Brazil. A large majority of African nations, as well and social workers. The customers, who are almost
as Brazil, Argentina, Italy, Spain, the United exclusively men, refuse to use condoms, which
Kingdom, Singapore, and Sri Lanka, to name a few, contributes to the rising HIV/AIDS infection rate.
have made it illegal to engage in prostitution. They bribe the owners of the brothels so that they
Prostitution is legalized but not regulated in some can continue exploiting the women.
countries, like India, for example. It is possible to
trace prostitution all the way back to the ancient Legal aspects of Prostitution in India
civilizations of the Near East, where there are
depictions of prostitutes in temples. It was in Some states in India have legislation on the books
Ancient India that the practice of prostitution first that decriminalizes prostitution. Private acts of
took shape in India. This coincided with the rise of prostitution are permitted, but it is illegal to solicit
extramarital affairs and illicit love affairs. The term clients or maintain a brothel. Prostitution is legal in
"Sadharani," which is synonymous with the word some countries. It is not impossible to engage in
"prostitute," is mentioned in the Rig Veda, which prostitution in settings that are not open to the
provides some evidence that prostitution existed in public. In addition, the practice of prostitution is
ancient times. The institution of prostitution came legal in India, but only for women.
into being simultaneously with the institution of
marriage. Even during the time of Mohammed, Prostitution is a shady business that is difficult to
there was atradition of appointing dancing girls to quantify due to the fact that brothels and other
serve in the courts of the Sultans. These girls were organizations that facilitate prostitution are
often prostitutes. These young women were also rackets. In spite of the fact that brothels are illegal,
kept by the Sultans for the purpose of providing the government makes very little effort to track
entertainment for the military personnel. These them down and close them down in order to put an
ladies were referred to as "Tawaifs." In the time of end to the sex trade. Despite this, there are a few
the British, there was an increase in the number of guidelines that must be followed when it comes to
brothels that catered to the soldiers. The prostitution.
Cantonment Act of 1864, which was enacted by the
British Raj in order to regulate prostitution and is The Immoral Traffic Prevention Act, which was
considered to be one of the earliest pieces of passed in 1956, is the primary piece of Indian
legislation in India pertaining to the subject of legislation that was enacted with the intention of
prostitution, was one of the first laws in the country. reducing the prevalence of prostitution. A fine and
a sentence of between two and three years in prison
Many people believe that women are exploited are the penalties for operating a brothel or allowing
when they are forced into prostitution. This is a premises to be used for prostitution. Under
correct, at least when considering India as a whole. Section 5, the penalty for obtaining a person for the
Prostitution is viewed as more of a subjugating purpose of prostitution without the individual's
profession for women in India, where the majority consent ranges from three to seven years in jail, in
of prostituted women are either passively or addition to a fine. According to Section 7 of the
actively coerced into their work. This is due to the law, it is illegal to engage in prostitution in or near
fact that they have been subjected to human a public area. This piece of legislation does not
trafficking, sold as child prostitutes by their own address issues relating to the trafficking of children,
parents, or have chosen to engage in prostitution as as well as acts of violence and cruelty committed
a profession in order to make a living from it (as a against women by other individuals. In the same
necessity). Women and children of all ages are manner as in the case of Smt. Afjal vs. State of
being trafficked and coerced into prostitution U.P., the defendants ran a brothel and held
through this method. Targeted are women who are underage girls in their facility in order to force them
either economically disadvantaged or vulnerable, into prostitution. The accused was found guilty of
and they are coerced into prostitution under the the crime, and the minor girls were spared as a
4165 Journal of Positive School Psychology

result of the rules that were outlined in the statute. their permission to engage in prostitution. If
prostitution were made illegal, it would be easier to
In addition, the Indian Penal Code contains keep illegal activities under control, and it would
measures that specifically address prostitution. also be able to help those who had been abused.
Clause 366 of the Indian Penal Code criminalizes Young girls' involvement in prostitution can be
the recruitment of a minor female for the purpose eliminated by regulation, as can pedophilia, which
of engaging in sexual activity that is unlawful (A). can be reduced.
This section makes it illegal to bringa young lady
from another country into the country solely for the Prostitutes at the brothels are sexually assaulted and
purpose of exploiting her in prostitution (B). In the physically abused by customers who know and
case of Fateh Chand v. State of Haryana, the approve of their actions. The owners of the brothel
defendant, a man, was charged with violating frequently reward their customers who engage in
section 366 of the Indian Penal Code by attempting aggressive behavior with money. There isn't much
to force a minor girl into prostitution. It is against respite or escape for prostitutes whoare subjected to
the law to sell or otherwise dispose of a child girl this kind of abuse. The horrors committed against
with the knowledge that she will be forced into women in the name of prostitution can be greatly
prostitution, as well as to buy or employ a minor reduced if the unscrupulous intermediaries are
girl with the intent to compel her into prostitution, removed and replaced with government regulation.
according to sections 372 and 373 of the IPC. The
law does not handle the issue of customers or To be sure, this won't put a stop to women being
brothel owners inflicting physical damage on a exploited sexually in the future. The authorities
prostitute. Again, this is because the law does not must also be involved in order to dismantle any
address the subject. In addition to this, it does not lingering illicit networks that may have been
require the use of condoms and does not provide for established. It's time for the administration to take
the healthcare of people who work in the sex action against police corruption. This approach to
industry, which has led to the spread of HIV/AIDS regulating prostitution could drastically reduce
as well as an increase in the overall population. social ills associated with the sex business, such as
abuse and violence.
Effect of Legalization of Prostitution on
Exploitation and Violence Conclusion and Suggestions

Ethical, medical, and legal issues have been One occupation that has been and will continue to
addressed in the debate over whether or not be despised by society is prostitution, and those
prostitution should be legalized. As previously who choose to engage in it are despised as unclean
stated, prostitution is acceptable in India as long as and shameless individuals. India's prostitution
it is discreet and performed by a single individual. regulations are weak and ambiguous, and there is
There is a need for government regulation of no reliable system for enforcing them. Because of
brothels and other prostitution-related businesses. this, some sort of regulation for this kind of
Even though it is against the law to manage a business is absolutely necessary. Because sex work
brothel or engage in prostitution, it is nevertheless will still be practiced even after strict laws are
allowed and harms women every day. In many passed to make it illegal, it is best to have
cases, police raids fail because the brothel regulations in place rather than a complete ban.
proprietors use bribes to sway the officers. The fact Prostitution can occasionally put a person in
that this result is a direct function of supply and danger and expose them to violent and exploitative
demand is not surprising. If the government took situations. On the other hand, it might be
over these brothels, not only would supply and advantageous for some individuals managing a
demand be met, but there would be no need for family. In order to prevent them from perpetrating
middlemen as well. Additionally, allowing such terrible atrocities against women, which is still
prostitutes to work in private is critical if they are the main worry, the general public also needs to be
to be able to earn a living without attracting the taught about matters that concern women. The
attention of the general public. researcher gets to the conclusion that legalizing and
regulating prostitution can safeguard the rights of
If prostitution is no longer a criminal, it will be sex workers and children as well as their protection.
considerably easier to regulate its treatment. Thus, The researcher believes that, in light of these
the number of girls and children pushed into considerations, it is appropriate to legalize
prostitution will be reduced. As things stand, there prostitution under the control of a regulating
is no way to tell whether the women have granted authority.
Dr. Namita Jain 4166

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[5]. Hendrik Wagenaar et al., Designing
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[6]. Website of British Medical Journal, bmj,
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(HC).
[13].The Indian Penal Code, 1860, §. 366, No. 45,
Acts of Parliament, 1860 (India).
[14].Fateh Chand v. State of Haryana, (1977) 2
SCC 670.
[15].§. 372, The Indian Penal Code.
[16].§. 373, The Indian Penal Code.