MOOT COURT

BA LLB (Hons.) Semester II

LEGALISATION OF PROSTITUTION IN INDIA

Submitted to:
Prof. A.K. SHUKLA
School of Law, NMIMS (Deemed to be University)

Submitted by:
Ridhi Rajani- B031
INTRODUCTION
Prostitution is the exercise where one participates in sexual action in lieu for finances and the
one who is involved in such domain is designated as a prostitute. Prostitution occurs in
variety of forms, and its legal standing changes from one country to another and furthermore
from region to region inside a country, reaching out from being a non enforced misconduct,
to non regulated, to a controlled proclamation. It is a component of the sex business, close by
porn, or some other sexual diversion. Massage parlors are institutions clearly dedicated to
prostitution. The status of prostitution and the law changes by and large all over the planet,
displaying differentiating ends. Some view prostitution as a sort of mistreatment of or
hostility against women, and children,that serves to another wrongdoing of illegal
exploitation.
There exist various reasons which constrains a lady to remove up prostitution from which
neediness and joblessness are two significant powerful factors that makes ladies take part in
business sex. It has been observed that ladies of the far off areas give way to corrupt go-
betweens who provides them guarantee of suitable work window and further trades them as
sex laborers. The crucial basis which pushes the penniless and vulnerable ladies towards
prostitution is destitution. It is acknowledged that among every one of the parts responsible
for prostitution, destitution should be the huge clarification that brings people into
prostitution.
The heightening speed of dejection has driven different individuals especially the youths into
the metropolitan areas where they trust prostitution to be an energetic system for keeping an
eye on their necessities and those of their families. Taking a gander at the chance of
prostitution basically, one will understand that prostitution was not as unavoidable in pre-
current events as it is today. The procedure of urbanization has impelled an immense move in
the development of our reality. Urbanization has incited the improvement of free endeavor
which has offered a move to the polarization of classes, upsetting the repeat of downfall,
joblessness, bad behaviour and threat. The current situation has incited a more basic
inevitability in prostitution as a way people particularly females attempt to change with the
horrible monetary genuine elements. Also a couple of women are crashed into sex-work as a
result of joblessness. The shortfall of open positions had obliged women to wildly go to
unlawful game plans as a technique for making pay.
Around 6% of the ladies entered prostitution later the event of assault. Also numerous
multiple times the rape survivors are misled by the disgrace and shame forced on them by the
general public who faults these people for being assaulted. Furthermore in specific cases the
general public as well as their own personal relatives have denied to acknowledge them.
Beside the deferral or the forswearing of equity, the setbacks need to defy comparative
circumstances occasionally. What's more later the section of a specific residency when they
observe no rooftop for cover in our general public and when there exists no beam of
expectation for them, they find their courses into the murkiness of prostitution. Around 8% of
the young women came to prostitution following the scenes of interbreeding. The most
notable inbreeding is among father and female, followed by uncle-niece. What's more when
these young loss of inbreeding being physically taken advantage of at their actual home, don't
expect security in wherever in the overall population, slowly ends up in prostitution. Other
than the previously mentioned factors there are a few different reasons that drive women to
turn into a whore.
PROSTITUTION IN INDIA
Prostitution is thought to be the world's oldest occupation.

Their presence in India may be traced back to ancient times, with scriptures identifying three
types of women: those who were chaste and committed to a single man, those who were not
chaste and loyal to a single man, and those who were not chaste and devoted to a single man
(even if the man had many wives). The second group consisted of women who avoided
contact with males and lived as nuns. Women who had several lovers and were not connected
to a single man were the third type.
Such women were eventually referred to as the wives of a temple deity or a Devdasi, who
saw their god in all of their lovers. This latter group of women has been referred to as ancient
sex workers, prostitutes, or prostitutes in modern literature.
In the 1800s, it is reported that the British military established and maintained brothels for its
troops to use across India. A report by the BBC states that the girls, many in their early teens
from poor, rural Indian families, were recruited and paid directly by the military, which also
set their prices.
The British have long gone, but the profession of prostitution continues in the country. While
some estimate that there are around 8,00,000 sex workers in India, the actual number could
be as high as 20 lakh across the country.

In India, there are laws that govern prostitution.

While the profession has always been popular in India, its legal position has always been a
source of contention, and many have called for it to be legalised over the years.
Currently, the Indian Penal Code (IPC) does not make prostitution unlawful in the broad
sense, but it does make numerous behaviours associated with it illegal.
Sex workers can pursue their profession under the Immoral Traffic (Prevention) Act of 1986,
however actions such as pimping and owning a brothel are illegal. Anyone who earns money
through prostitution is likewise subject to the law. Procuring, inducing, or abducting a person
for prostitution is also prohibited.
The law further states that the practise cannot take place in a public location. 200-metre
radius of any public place. To participate in prostitution lawfully, sex-worker must choose an
isolated location This clearly puts the legality of profession of prostitution in ambiguity.
COUNTRIES THAT HAVE LEGALISED PROSTITUTION
While the legality of sex work in India is unclear, it has been legalised in other nations
throughout the world, giving sex workers similar rights and safety.
Countries like Germany, the Netherlands, France, and Greece have all legalised the
profession.
The profession was legalised in Germany in 1927, and there are state-run brothels. Workers
are covered by health insurance, are required to pay taxes, and are eligible for social benefits
such as pensions.
In the year 2000, the Netherlands began to regulate prostitution. The sex trade, on the other
hand, has been permitted for decades. The Red Light District of Amsterdam, De Wallen, is
the city's largest and most well-known red-light district, as well as a popular destination for
international sex tourism.
Since 1942, prostitution has been legal and protected in Switzerland.
Sex workers typically operate in brothels or purchase a daily "ticket" to sell sex in designated
places on the street.
Prostitution is allowed in France, however solicitation in public is still prohibited. Pimping is
prohibited, and brothels were outlawed in 1946, just after World War II ended.
Another country that has made prostitution totally legal is Austria. Prostitutes must register,
submit to regular health tests, be at least 19 years old, and pay taxes.
There are also countries outside of Europe that have legalised prostitution. The profession has
been legal in New Zealand since 2003, and there are licenced brothels operating under public
health and employment rules.
There is no law in Canada prohibiting the exchange of sex for money, whether it be pimping
or owning a brothel.
RECENT JUDGEMENT PASSED BY SUPREME COURT
Supreme Court recognised prostitution as a profession and said and sex workers are
entitled to dignity and equal protection under the law.

The three-judge panel, which included Justices L Nageswara Rao, BR Gavai, and AS
Bopanna, issued six directives to preserve the rights of sex workers, noting, "Sex workers are
entitled to equal protection under the law." The authorities must refrain from interfering or
taking any criminal action when it is evident that the sex worker is an adult who is
participating with consent. It goes without saying that, regardless of occupation, everyone in
this country has the right to a dignified existence guaranteed by Article 21 of the
Constitution."
In its order, the Supreme Court stated that sex workers should not be detained, penalised, or
harassed as a result of brothel raids because voluntary sex work is not illegal, whereas only
running the brothel is. In addition, it directed police officers not to discriminate against sex
workers and advocated for sex workers to be educated.
The three-judge panel also said the media should take "utmost care not to divulge the
identities of sex workers, whether as victims or accused, during arrest, raid, and rescue
operations, and not print or telecast any images that would result in revelation of such
identities."
CONCLUSION
According to my study I feel the decision passed by the supreme court is significant because
Sexual violence, emotional abuse, and physical assaults from customers are all common
occurrences for sex workers in India.
Their living conditions are also horrible; clogged lanes, cramped rooms, and stinky
neighbourhoods all have a negative impact on their health, leading to an increase in health-
related issues. Cervical cancer, HIV, and STDs are on the rise because no actions have been
taken to improve their situation.They also experience stigma and discrimination, which
makes it difficult for them to defend their health and well-being.
Given their circumstances, the Supreme Court's judgement appears to be a ray of hope for
them. The Supreme Court thinks that by issuing the order, the stigma associated with
prostitution would be reduced. The ruling requires that a sex worker's complaint, whether
sexual or not, be taken seriously by the police. For sex workers, this has long been a problem.
They claim that their rape reports are not taken seriously and that police authorities disregard
them.Furthermore, many sex workers claim that the police are the ones that victimise them by
arresting or harassing them. The court, however, has ordered that this be halted.The court also
ordered that any sex worker who is a victim of sexual assault receive the same services as a
sexual assault survivor, including prompt medical attention.