Should Prostitution be legalized In India?

INTRODUCTION

Every country has established prostitution law in order to stay within its legal boundaries and not undermine marriage and family institutions unfairly.

Prostitution is derived from the Latin word ‘prostituere,’ which means to ‘publicly expose.’ Prostitution is defined as providing or receiving one’s body for sexual activity for pay, however it does not include sexual activity between couples. It is a company that preys on people’s vulnerabilities, particularly children and women, in flagrant violation of their human rights. Prostitutes should be educated about their rights and interests, education, health, and the choice to select or decline regular medical check-ups, financial help, damage compensation, and other advantages. They should also be provided a forum to seek justice in the event of a serious breach.

Prostitution has been a long-standing practise in Indian civilization, and no one can pinpoint the exact period when it began. It is stated that it existed in our civilization prior to the birth of Christ. Even if it may come as a surprise, prostitution is still not legally sanctioned in our nation. In India, one may argue that it is neither unlawful nor lawful.


Although the Facts society pretends that it is powerful, considered and non-discriminatory and affirms that it can accept some things readily, the truth is something other. Prostitution is a reality and there is virtually little hope of dispensation. The shape of life may have altered but the viewpoint and vision it is all viewed in equal measure. The problem is always inevitable, and when we try to ignore it, it gets more serious.

The fact is that if a sex worker is discovered in a public area or even in a distant location away from the turmoil and gazing straight into the eyes of the public, she is offering you a welcoming grin and a little reaction. In India, this is a well-known image of a prostitute. Prostitution is sometimes referred to as “the oldest profession,” which is regrettably not an exaggeration. Prostitution is a severe societal problem in India, and its treatment has been challenging yet persistent challenges. Prostitution, like other types of violence done by males against women, is a gender-specific issue; the vast majority of victims are girls and women, while the offenders are always males.

Prostitution is considered a necessary evil. Arguing that it was performed by our forefathers does not warrant legalisation, because no practise can be authorised. The sex industry is thriving, and there is still a significant demand for sex. People who purchase sex are generally the ones who always quote and label it as an evil against morals that is eroding the foundations of society. If prostitution is immoral, what about the item numbers that everyone enjoys publicly without shame or hesitation?

Before legalising prostitution, we must consider why we need it in the first place, why not eliminate it entirely, and why not penalise the conduct if it is such a threat to society. Arguing that it was performed by our forefathers does not warrant legalisation, because no activity can be authorised. For example, Raja Ram Mohan Roy prohibited the practise of sati, which involved burning the widow alive on her husband’s pyre, in 1829.

Given that everything cannot be treated equally or seen from the same angle and perspective as the other, the practise of buying and selling sex needs to be seen differently because the sector of sex still prospers and there are high demands for the purchase of sex, even if they are considered as a tabu in society. It can be considered a necessary evil.

The reason why a person buys sex, how much joy a person has from sex, and the most significant thing is why someone sells sex. In the sentence above, the term person is consciously applied in place of men, since we can’t forget that it’s not just a woman who sells sex, but in this profession, we have male prostitutes and it’s not just men who go and purchase sex, even women go to the prostitute to buy sex.

Prostitution Should Be Legalised Because: –

1.Legalization will safeguard kids.

According to the findings of numerous global studies, it is believed that up to 10 million youngsters are involved in prostitution worldwide. Child prostitution happens in all nations, regardless of economic development level; the problem is most severe in Asia and South America. By legalising prostitution and enforcing rigorous regulations, we can ensure that children are removed from the trade, preserving their rights and ensuring their safety.

2. Regular medical checks will help to keep STDs at bay.

Prostitution regulation would involve regular medical examinations of sex workers as well as the provision of sufficient birth control measures, which would limit the possibility of sexual illnesses being passed from workers to customers and vice versa. It will encourage better working conditions, and the process will become healthier and safer as a result, which will benefit all parties involved as well as society.

Among 1998, an Australian research found that the rate of sexually transmitted bacterial illnesses was 80 times higher in 63 illegal street prostitutes than in 753 women operating in brothels

Every customer in Singapore’s brothels is given condoms and the opportunity to shower before and after the encounter. Prostitutes are required to keep up to date health cards. If a prostitute tests positive for any sexually transmitted illness or illness, she must immediately cease offering services. The brothels have also taken different precautions to protect the safety of both parties.

3.It will minimise rapes and other sexual attacks.

People who want to satisfy their sexual cravings would turn to prostitutes rather than committing horrific crimes like rapes for the same purpose now that there is a legal and simpler option. With the shutdown of brothels in 1959, the rate of rape increased by 149% in Queensland.

4.The abolition of pimps and intermediaries.

The legalisation of prostitution will result in a methodical improvement of the business. The services of pimps and intermediaries will no longer be necessary, resulting in a drop in criminal activity and a rise in sex workers’ income.

5. The abolition of forced prostitution

Once decriminalised, the whole business will be subject to legal oversight, allowing law enforcers to discover cases of forced prostitution and assist victims. Not all ‘johns’ who visit sex workers have criminal records or a proclivity to assault women; in fact, the majority of them are ordinary guys with no criminal background who would not want to engage in the act with someone they know or believe is unwilling to do so. In terms of distinguishing between people who are coerced into the flesh trade and those who are not, the existing woeful system makes it hard to discern desire.

6.Taxation

In India, the prostitution business is worth around $8.4 billion. Legalizing it and taxing the earnings like any other company will create an incentive for the government, allowing it to offer regular medical check-ups while also respecting the rights of those involved in the profession.

7. The right to use one’s body in accordance with one’s free will.

Every individual has the right to utilise his or her body as they see fit. Making anything ethically bad no longer depicts anything other than a biased value system. It is completely appropriate for a person to avoid prostitution if they believe it is wrong. Nobody has the authority to compel someone to follow someone else’s moral standards. It is possible to argue that prostitution is not oppressive; it is how some individuals conduct it that is terrible.

8. The police can then perform a better job.

If prostitution is legalised and controlled, the government will save money on police, prisons, and other services, allowing police resources to be directed toward other pressing issues.

9. There are no drawbacks.

Alcohol, cocaine, cannabis, and other illegal substances are forbidden because they pose substantial risks to a person’s health. However, unlike them, prostitution does neither bodily or emotional harm to the individual, therefore prohibiting it is not warranted.

10. Workers’ rights shall be respected.

The rights of sex workers are protected by regulated prostitution. When a sex worker is sexually attacked or not given the agreed-upon wages, he or she has the right to file a complaint and have it resolved.

CONCLUSIONS

As a result of the above, we’d like to summarise our concerns with the following points. The criminalization of prostitution, as well as other aspects of sex trade, is not the true solution. Sex trade is here to stay, and by recognising it as a legal kind of labour, all parties involved may reap the rewards. It would effectively reduce the government’s burden in terms of enforcing anti-prostitution legislation and paying for more law enforcement. Furthermore, governments would boost their revenue through taxes, foreign exchange, and a rise in the employment rate. Countries would also provide a safe atmosphere for their citizens by requiring sex workers to pass medical testing and get sufficient medical treatment. More significantly, legalising prostitution would safeguard the rights of sex workers and allow them to live the regular lives they deserve. Of course, it would be far preferable if the government legalised prostitution since it would provide sex workers with rights and protection on the job.

REFERENCES

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.

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