In India, neither SITA, nor ITPA, prohibits prostitution, nor does either aim at the abolition of

prostitution or make it per se a criminal offense.1

The applicant has also contended that the constitutionality of any legislation is always to be
presumed and if there is any vagueness in the definition of any section, the courts have to give
such a definition which advances the purpose of the legislation and that the courts must make
every effort to uphold the constitutional validity of a statute if that requires giving a stretched
construction in view of the decision of this court in K.A.Abbas v. Union Of India and another2
and Rt. Rev Msgr.netto v. State of Kerela and Others.

Legislation and society have indirectly accepted that the prostitution is an age-old profession that
criminal sanction will not eradicate. The Court held that instead of prohibiting employment for
protection and state policy, State should develop other alternatives.3

1
See HUMAN RIGHTS WATCH/ASIA, RAPE FOR PROFIT: TRAFFICKING OF NEPALI GIRLS AND
WOMEN INDIA’S BROTHELS 1 (1995) available at http://hrw.org/reports/pdfs/c/crd/india957.pdf
2

3
Anuj Garg and Ors. v. Hotel Association of India and Ors., (2008) 3 SCC 1