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Prostitution Is Legal or Not in India

Public places within the meaning of this Act include places of public religious worship, educational institutions, homes, hospitals, etc. A «notified area» is a place declared «free from prostitution» by the state government under PITA. In the context of this legislation, a brothel is a place with two or more sex workers (2a). Prostitution itself is not a criminal offence under this law, but recruitment, brothels, madams and pimps are illegal. [56] The abolition of prostitution is a daunting task, as it is an age-old practice that has existed for too long. Although it has been described as illegal, it still continues. This could be due to a lack of law enforcement or an inability to restrict this practice. To combat this problem, the legalization of prostitution could be decided, because abolition seems to be a daydream. Now the situation is such that the above activities are very real and coexist. Does the Indian legal system make prostitution illegal by banning it? For in most cases, government officials tend to ignore the fact that illegal trafficking in women and children is the main cause of the increase in prostitution as a business. Prostitution is considered taboo in India, is not openly discussed and is often frowned upon.

However, it poses a great threat to the fabric of Indian society as it weakens the institution of marriage, sexually transmitted diseases, abduction of girls, isolation of prostitutes from society, physical and psychological trauma, etc. There are reportedly about 38,000 sex workers in Delhi. The situation in Mumbai is more depressing. This creates an emerging need to control prostitution. The right to life enshrined in article 21 also applies to the prostitute. This was stated in the case of Budhadev Karmaskar v. the State of West Bengal[4]. It states that sex workers are human beings and that no one has the right to attack or murder them, because they also have the right to live. The decision also highlighted the plight of sex workers and understands that these women are forced into prostitution not for pleasure but because of abject poverty, and called on central and state governments to open rehabilitation centers and teach technical and vocational skills such as sewing so that they can obtain alternative livelihoods. In accordance with this instruction, the Immoral Traffic Prevention Act included section 21 as a rule allowing state governments to establish and maintain shelters, and these should be governed by licences issued by them.

A competent authority should be designated to investigate the application for authorisation for refuges. These licenses are non-transferable and are valid only for the specified period. The Government has the power to make ancillary rules respecting the licensing, administration and maintenance of shelters or ancillary matters in accordance with section 23 of the Act. Surveys show that approximately 1.2 million children are involved in prostitution. [44] Interestingly, prostitution in India is not illegal per se. However, under the Indian Penal Code (IPC), several prostitution-related activities are punishable – pimping, renting property for brothel operations, etc. In 1956, the Immoral Trafficking Prevention Act emphasized that sex workers can practice their profession, but anyone who earns money from prostitution must be punished. This also includes procurement. abduction or inducement of a person into prostitution; A decision important enough to bring sex trafficking under control.

In addition, the law stipulates that to legally participate in prostitution, sex workers must maintain a distance of at least 200 meters from any public place, preferably in an isolated area where there are no public facilities in sight. In other words, sex work should be done in secret, out of sight of the wider and «normal» society. In 2012, however, the central government appealed to the Supreme Court, arguing that sex workers are not allowed to practice their profession under the «constitutional right to live in dignity.» The government`s lawyer argued that such court approval would be ultra vires of the ITPA, which completely prohibits prostitution. Counsel for the opposing party argued that the law only prohibits brothel activities and punitive measures against pimps. The Supreme Court agreed to consider the plea. [61] Forced prostitution occurs when young children or adolescents are forced into prostitution due to many factors. The Indian Penal Code of 1860 punishes child prostitution, i.e. the sale and purchase of minors for the purpose of prostitution. Article 372 of the Code provides for a prison sentence of at least ten years for anyone who sells a minor for prostitution.

Article 373 of the Code provides for a ten-year prison sentence for the purchase of a minor for prostitution. The explanatory notes to these sections relate only to trafficking in underage girls and not boys. The prostitution law itself is vague. [47] The main law dealing with the status of sex workers is the 1956 law known as the Suppression of Immoral Trafficking Act (SITA). According to this law, prostitutes can practice their profession in private, but not legally recruit clients in public. [2] However, a BBC article mentions that prostitution is illegal in India; Indian law does not qualify the practice of selling one`s sexual service as «prostitution». [5] Clients may be punished for sexual activity near a public place. Organized prostitution (brothels, prostitution networks, pimping, etc.) is illegal. As long as this is done individually and voluntarily, a woman (male prostitution is not recognized in any law in India) can use her body in exchange for material benefit.

In particular, the law prohibits a sex worker from exercising her profession within 200 meters of a public place. Unlike other professions, sex workers are not protected by normal labour law, but they have the right to rescue and rehabilitation if they wish, and they have all the rights of other citizens. Voluntary sex work is legal in India, but human trafficking for sexual purposes is punishable. What is the penalty for child prostitution in India? In the current scenario, private prostitution is not recognized as a criminal offence. Thus, a customer is not penalized and there is no legal provision to do the same. By the way, even though sex work is not illegal in India, existing legal regulations make it difficult for any sex worker or prostitute to practice it, and they can even be reserved for canvassing. As with other socially taboo professions, there is a grey area and ambiguity in the exercise of it. ITPA defines «prostitution» as the sexual exploitation or abuse of a woman for pecuniary purposes and a «prostitute» is the person who receives this commercial benefit. The Indian Penal Code of 1860 also deals with prostitution, but is limited to child prostitution.

However, it tries to combat activities such as kidnapping in general, kidnapping for the purpose of seduction and seduction of a person for sexual purposes, importing a girl from a foreign country for sexual purposes, etc. On May 19, India`s Supreme Court made headlines with instructions on the recognition of prostitution as a profession, stressing that sex workers, like all other professionals, are entitled to dignity and constitutional rights.