LEGALISATION

OF
PROSTITUTION
IN INDIA 
What is prostitution ? 

•prostitution involves engaging, agreeing, or offering to engage in

sexual conduct with another person in return for a fee.

Fundraising event plan 2

 The red light

The story of the “red light areas” is quite interesting! Earlier, when sex
workers used to live within the society, in cities, villages and towns, they
used to hang a red lantern outside their houses on the street. People used
to stealthily enter their houses in such places hiding from the public view.
 Legal aspects of prostitution
in India
In India prostitution is partially legal. Prostitutes can practice the profession
privately, but solicitation and organized prostitution such as brothel keeping
are illegal. Prostitution can be practiced away from public spaces. Moreover,
only female prostitution is recognized in India.
 .As per Section 2(f) of The Immoral Trafficking Act
(1956) gives the definition of “prostitution” as
sexual exploitation or misuse of any persons for
any business purpose. 

.Section 372 and 373 of the Indian Penal Code 1860

also deals with prostitution but it is restricted to
child prostitution only. 

.Though under sections 366A, 366B, 370A of the IPC

deals with punishing for offences of procreation of
minor girl, importation of girl from foreign for sex and
exploitation of a trafficked person respectively. Thus
under IPC laws related to prostitution is quite limited.
 Important judgement 
Budhadev  Karmaskar Vs State of West Bengal
.This landmark judgment is a startling example of how sex workers are mistreated and murdered at the hands of
demonic people who treat them as mere commodity. It conveys the social message that one should not be tolerant
of such inhumane acts in a civilized society. 
.This case highlights the miserable condition of the sex workers, that the work they do, is not because they enjoy
doing it, but because poverty drives them to do so. Since their profession is attached to a social stigma, it doesn’t
mean that they do not have the right to live with dignity. 
.Under Article 21 of the Indian Constitution, every individual has the fundamental right to life and personal liberty.
It does not mean mere animal existence. But due to the stereotypical mindset of society, it becomes close to
impossible. 
.Unless and until prostitution will not be recognized as a profession in the eyes of law, sex workers will continue to be
exploited at the hands of people who look down upon them. To facilitate the prevention of such heinous crimes, the
Supreme Court took a suo moto cognizance of this case and framed guidelines for safeguarding the rights of sex
workers. 
.This judgment did not just shake the conscience of the general public but also inspired and
brought social change.
 EXISTING
CONDITION
.The Covid-19 pandemic led to stringent lockdowns and other restrictions
across the country, thousands of sex workers have been left in the lurch as
they are unable to perform their work, due to which their livelihoods have
come to a standstill
.Activists and non-governmental organisations (NGOs) working for the
welfare of sex workers told Indiatoday.in that many of them were struggling
to meet their financial needs and dealing insomnia among other health
issues. 

.They do not have money to pay rent, finance their education of their
children and ensure food supplies for the entire month, the activists said.
.According to the Global Commission on HIV and the Law, some governments deploy anti-
trafficking laws so broadly that they conflate voluntary sex work with the exploitative,
coerced trafficking of people (primarily women and girls) for the purposes of sex.9
.Across India people repeatedly experience violence and discrimination because of their sexual
orientation or gender identity. Even the perception of homosexuality or transgender identity puts
people at risk. The violence includes killing, rape, physical attacks and arbitrary detention among
others. 
.Sex workers experience disproportionate levels of violence including sexual assault,
rape, harassment, extortion, abuse from clients and agents, intimate partners, local
residents, and public authorities. Sex workers who have been beaten up have reported
being turned away at government health centres.
.Prostitution has been such a profession in which person who obtain this
occupation, generally they are not able to take care of their family by any other
means. Children of sex workers or brought to the red light are abused and
mistreated in their own place. The environment of red-light districts is definitely
not suitable for the welfare of a child.
MAJOR CHALLENGES
FACED BY PROSTITUTES

1. Stigma and discrimination

2. Violence and exploitation 
3. Health risks
4. Lack of legal protection: 
5. Poverty and economic vulnerability: 
6. Limited access to education and skills training
7. Legal barriers
8. Gender inequality
CONCLUSION
Prostitution is one profession that has been considered shameful by
the society, while the prostitutes are considered impure and
shameless individuals. In India, laws related to prostitution are
inadequate and have no clear approach. Due to this, there is an
utmost necessity of regulation for such activities. Since sex work will
still continue to exist, even after imposing strict laws, it is better to
have regulations rather than banning the act completely. Prostitution
is a profession that also brings along violence and exploitation in
certain cases. However, for some individuals, it may help in running a
family. Additionally, the people must be sensitized with respect to
problems relating to women so that they do not commit such
inhumane atrocities against them, which is where the key concern
persists. Considering these aspects, the researcher feels that
prostitution should be legalized with a regulatory body overlooking
the practice and concludes by saying that legalizing and regulating
prostitution ensures protection of sex workers and children,
and their rights.
THANK
YOU