Dr.

Ram Manohar Lohiya National Law University,

Lucknow
2017-2018

WOMEN AND LAW

ROUGH DRAFT
On
“PROSTITUTION IN INDIAN SOCIETY: ISSUES, TRENDS AND
REHABILITATION”

Under the Guidance of Submitted By

Dr. Aparna Singh Niharika Yadav
Asst. Prof (Law) Semester-1X
Dr. RMLNLU, Lucknow 150101087
INTRODUCTION

Prostitution is one of the oldest professions of the world practiced since the birth of the organized
society. Prostitution is practiced in almost all the countries and every type of society. In India,
the Vedas, the earliest of the known Indian literature, abound in references to prostitution as an
organized and established institution. In Indian mythology, there are many references of high-
class prostitution in the form of celestial demigods acting as prostitutes. Aryan rulers of India
followed the system of celestial court and developed the system of guest prostitution. Prostitutes
were common during the reign of the Pandavas and Kauravas (Historical Indian rulers). They
had certain definite prerogatives, rights and duties. Vatsyayan, the noted Indian sage of the Third
century B.C. devoted a number of pages on prostitutes and their amorous ways of life in his
monumental treatise Kamasutra. Rules of conduct for popular and successful practice of their
trade have been prescribed. During the Mugal era in the sub-continent, prostitution had a strong
nexus with the performing arts. Mugals patronized prostitution which raised the status of dancers
and singer to the higher levels of Prostitution1. The Muslim rulers with the exception of
Aurangazeb recognized prostitution and the profession flourished under royal patronage. The
word ‘Tawaif’ and ‘Mujra’ became common during this era. This shows that prostitution existed
in India in some form or the other from time period to period and the evil has continued to
persist.

Female prostitution is perhaps the oldest profession all over the world. Alas, it is perhaps the
most hated profession. Hated in the sense that people who visit them actually enjoy it, but in
society, they pretend otherwise.

The Encyclopaedia of social science defines prostitution as “the practice in which a female offers
her body for promiscuous sexual intercourse for hire etc”. However, a new definition has been
coined for the word ‘Prostitution’ in the Government of India’s “Prevention of Immoral Traffic
Act-1987, which now means “Sexual exploitation or abuse of persons for commercial
purposes.”

1
BBC report on number of female sex workers in IndiaArchived 4 March 2016 at the Wayback Machine BBC
News.
AIMS AND OBJECTIVES OF THE PROJECT

We will be analyzing various provisions of law dealing with prostitution.

Constitution of India, under article 23, prohibits trafficking in every form including commercial
sexual exploitation of women and girls. We have special legislations like Immoral Traffic
Prevention Act (ITPA) and local legislation like Goa Children’s Act etc. in addition to the
provisions in the IPC (Indian Penal Code).

 Immoral Traffic (Prevention) Act-1956

The Immoral Trafficking Prevention Act, 1956 ("ITPA"), the main statute dealing with sex work
in India, does not criminalize prostitution or prostitutes per se, but mostly punishes acts by third
parties facilitating prostitution like brothel keeping, living off earnings and procuring, even
where sex work is not coerced

Section 3. Punishment for keeping a Brothel or allowing premises to be used as a Brothel.

Section 5: Procuring, inducing or taking person for the sake of prostitution.

Both the sections namely section 3 and section 5 punishes only the acts of the 3rd party and same
does the other sections in the Act and so new legislation shall be passed as to punish the client
who are visiting the prostitutes.

RESEARCH METHODOLOGY

The proposed research study will be carried out with the help doctrinal research methodology
and the following resources will be taken into consideration:

1. Studying Primary and Secondary Sources (Books, Articles)

2. Library Research