Should Prostitution be Legal? Why or why not?

Should Prostitution be Legal? Why or why not?

Oshin Suryawanshi


This Blog is written by Oshin Suryawanshi from Amity Law School, NoidaEdited by Pranoy Singhla.



Female prostitution is maybe the most established calling everywhere on the world. Oh well, it is maybe the most despised calling. Abhorred as in individuals who visit them really appreciate it, however in the public eye, they imagine something else.

As an idea, prostitution has been characterized by friendly researcher in various manners relying upon the degree of its commonness. The most generally acknowledged definition; be that as it may, is the one given in the reference book of sociology which characterizes prostitution “as the training wherein a female offers her body for wanton sex for employ and so on Nonetheless, another definition has been begat for the word ‘Prostitution’ in the Government of India’s “Avoidance of Immoral Traffic Act-1987, which presently signifies “Sexual misuse or maltreatment of people for business purposes.”

Prostitution is perhaps the most seasoned calling of the world rehearsed since the introduction of the coordinated society. Prostitution is rehearsed in practically every one of the nations and each sort of society. In India, the Vedas, the most punctual of the known Indian writing, have large amounts of references to prostitution as a coordinated and set up organization. In Indian folklore there are numerous references of posh prostitution as divine diving beings going about as prostitutes.


By and large prostitutes can be arranged based on their ‘business as usual’ which is as per the following:

1) Brothel Prostitutes: Their tasks are completed in the massage parlor which is claimed by an ex – prostitutes. The prostitute work for a commission dependent on her sexual help.

2) Call Girl Prostitutes: They for the most part work freely from her place. She might be accessible straightforwardly or request clients through brokers.

3) Street Prostitutes: This type requests clients in the city and takes the client to a position of rendezvous.

4) Other Types: Clandestine types of prostitution are likewise found in exposed, message parlors, entertainment focuses, dance clubs and so forth


It is fairly hard to list as distinguish all factor helpful for prostitution since it has frequently been contended that prostitution has it’s underlying foundations somewhere down in the structure holding the system together. The social and monetary subjection of ladies by men has frequently been refered to among the significant makes driving prostitution.

Some exploration examines recommended the accompanying elements to be helpful for prostitution:

1. Kidnapping: This is the most widely recognized reason. Little youngster are stole from their towns/negative puts on a few or other appearance, abusing their guiltlessness. A portion of these are heading out to motion pictures, urban communities, sanctuaries/travelers, making them film-stars extending open positions and marriage. In spite of normal convictions, most hijackers are females or couples. Frequency of prostitution through kidnapping is assessed to be 35%.

2. Devadasi System: The barbaric arrangement of prostitution with strict approval “Devadasin System” actually proceeds to florish in the purported reformist and majority rule country. Consistently a huge number of young ladies are committed to goddess ‘Yellamma; ‘Renuka’ (for the most part in the State of Karnataka and Maharashtra) and after a concise time of concubinage, they become available to metropolitan prostitution. Inside these mechanics we track down, that three mingled instruments sustain the destinies of these ladies, specifically monetary association, beast power and the strict customs. Devadasi System adds to around 10% of complete prostitution in India.

3. Assault: About 6% of the young ladies entered prostitution after the rate of assault. Assault on the young ladies is an extraordinary social disgrace and in certain conditions, the survivors of assault are not acknowledged at home. Aside from the deferral or even shortfall of equity, the casualties need to confront comparable occurrences sometimes. At the point when they don’t track down any protected spot in the public eye and don’t anticipate any better future viewpoint, they discover their routes in the massage parlors. Around 8% of the young ladies came to prostitution following the occurrences of interbreeding.

4. Marriage: Though the issue of prostitution straightforwardly through marriage isn’t normal in Bombay, a couple of cases were seen through this source. In Pune almost 15% of the ladies in prostitution came through marriage.

5. Offspring of ladies in prostitution: Female offspring of the ladies in prostitution perpetually end up in prostitution (98%), as there is no protected spot for the kids and there is no program for them till date, to get them out of these spaces and to give them variation vocation. This adds to around 10% of prostitution.

6. Social Factors in Prostitution: The perspective on ladies as a ware is unavoidable in mainstream appearances of Hindustan culture in India. Ladies who have had sexual encounters are viewed as ‘utilized merchandise’s and are probably not going to at any point wed. Without a spouse, a lady has no kind of revenue; she additionally can’t wear the marriage bindi. She is a devastated social pariah. In provincial regions, “birde burnings,” in which a lady consumes herself to death on her better half’s burial service fire, Sill happen. The social shame, which drives a lady to accept that her life is useless after her significant other’s demise, is likewise connected to a lady whose spouse picks an alternate lady as his better half.

At the point when solid social ideas are joined with the intensity of religion or destitution, much more individuals are constrained into prostitution. For instance, a young lady may turn into a road youngster since her mom kicked the bucket and her dad’s new companion won’t acknowledge her. As a road kid, she might be intermittently captured alongside her kindred drifters for violations, which they could conceivably have submitted.


One of India’s most striking attributes is its material neediness. An expected 40% of India’s populace lives in neediness. This implies that just about 400 million individuals can’t meet fundamental endurance needs like food, dress, and asylum. This is a mind-boggling, practically incredible measurement. Neediness doesn’t make awkward nature in sex and sex. It just irritates previously existing irregular characteristics in power and thusly expands the weakness of the individuals who are forced to bear sex bias. In a man centric set up, the part in families in social orders that is influenced is ladies and young lady youngsters. Station wars, political hardship, homegrown contentions through their indications and repercussions reflect solid sex bias against ladies. Savagery against ladies, attack and assault on ladies are not individual sexual or actual violations. It’s anything but an apparatus of a political assertion for hostility and sex abuse, which plentifully ponders the level of human debasement and commoditization of ladies according to the state, local area, and society.


1. Sanctioning/decriminalization of prostitution is a blessing to pimps, dealers and the sex business.

What does authorization of prostitution or decriminalization of the sex business mean? In the Netherlands, authorization adds up to endorsing all parts of the sex business: the actual ladies, the purchasers, and the pimps who, under the system of sanctioning, are changed into outsider financial specialists and genuine sexual business visionaries. Legitimization/decriminalization of the sex business additionally changes over whorehouses, sex clubs, knead parlors and different destinations of prostitution exercises into genuine settings where business sexual demonstrations are permitted to thrive legitimately with few restrictions.

2. Authorization/decriminalization of prostitution increments stealthy, illicit, and street prostitution.

One objective of authorized prostitution was to move undermined ladies inside into massage parlors and clubs where they would be supposedly less powerless than in road prostitution. Nonetheless, numerous ladies are in road prostitution since they need to try not to be controlled and abused by pimps (changed in authorized frameworks into sex finance managers). Different ladies would prefer not to enlist or submit to wellbeing checks, as legally necessary in certain nations where prostitution is sanctioned (Schelzig, 2002). Subsequently, authorization may really drive a few ladies into road prostitution. Contending against an Italian proposition for sanctioned prostitution,


There are numerous laws in India that oversee the prostitution in India they are:

The Immoral Traffic (Suppression) Act:This demonstration was passed in 1956. It is likewise alluded to as SITA. This law expresses that whores are permitted to carry out their specialty in private however they can’t do their business in the open . According to the laws, customers can be captured in the event that they enjoy any sexual movement out in the open. Despite the fact that trade of sex for cash is reasonable on an individual limit, a woman can’t do it’s anything but a range of 200 yards of a public spot. Sex laborers are not inside the ambit of ordinary work laws. Nonetheless, they have every one of the rights that would be delighted in by a resident and are qualifiedfor be saved and restored on the off chance that they need to do as such.

Corrupt Traffic (Prevention) Act: ITPA-The Immoral Traffic (Prevention) Act was passed in 1986 and is a change of the SITA. According to this law whores will be captured for requesting their administrations or tempting others. Along these lines, call young ladies are not permitted to make their telephone numbers public. They can be detained for a limit of a half year alongside monetary punishments on the off chance that they are found doing so. Clients who partner with whores or enjoy such exercises inside 200 yards of an assigned region can be detained for a limit of 90 days and they need to pay fines for equivalent to well. In the event that, somebody enjoys such exercises with somebody under 18 years of age, the person can be imprisoned between 7-10 years. Pimps and comparable individuals who live from the pay made by a whore are liable also. So far as that is concerned, if a grown-up man lives with a whore he can be viewed as blameworthy. On the off chance that he can’t demonstrate himself to be blameless, he can confront detainment between 2-4 years.


1. Right to Use Body as per unrestrained choice

Each individual has the option to utilize their body as per their will. Depicting it as ethically wrong does now portray anything besides a slanted worth framework. In the event that an individual discovers prostitution wrong, it is totally adequate for them to avoid it. No one has the privilege to compel an individual to cling to another person’s ethical norms. One might say that prostitution isn’t severe, it is the way it is drilled by certain individuals that makes it harsh.

2. It will lessen the quantity of assaults and other rapes

With a legitimate and simpler option accessible, individuals who wish to fulfill their sexual urges will turn to whores instead of carrying out grievous violations like assaults for a similar reason. With conclusion of houses of ill-repute in 1959, Queensland encountered a 149% increment in pace of assault.

3. Removal of pimps and agents

Authorization of prostitution will prompt a precise upgradation of the business. The assistance of pimps and mediators will at this point don’t be expected, prompting a diminishing in criminal conduct and an expansion in the wages of the sex laborers.

4. Disposal of constrained prostitution

When decriminalized, the whole business will go under the circle of legitimate control which will empower law upholders to identify examples of constrained prostitution and help survivors of the equivalent. Not all ‘johns’ who visit sex laborers hold criminal records or tend to attack them, the greater part of them are typical men with no criminal record and they wouldn’t have any desire to enjoy the demonstration with somebody who they know or suspect.

5. Tax collection

Prostitution in India is around a $8.4 billion industry. Authorizing it and burdening the returns like some other business will give a motivator to the public authority, and work with it in giving ordinary clinical registration, and securing the privileges of individuals occupied with the calling.


Subsequently, in the light of the above focuses, we might want to summarize our issues with the accompanying focuses. Criminalization of prostitution, including different things that encompass sex work isn’t the genuine arrangement. Sex exchange is staying put, and by remembering it’s anything but an authentic type of work, all elaborate gatherings can get ensured benefits. It would successfully decrease the weight on the public authority as far as executing against prostitution laws and paying extra law authorization. Likewise, nations would expand their income through charges, unfamiliar trade, and expanded business rate. Nations would likewise guarantee security climate for their kin since sex laborers will be needed to go through clinical trials and get sufficient clinical consideration. All the more critically, sanctioning of prostitution would secure the privileges of sex laborers and allow these individuals an opportunity to carry on with a typical life they merit. Obviously, it would possibly be much better if the public authority will authorize prostitution since it will give the sex laborers rights and insurance on their work.


(1) Bedi ,Kiran Nair.P.M (2008): Human Traffiking In India , Yojana ( Vol-52).

(2) Gilada I.S (1999): Prostitution in India: Causes, Extent, Prevention and Rehabilitation; Social Problems & Welfare in India. N.Delhi.

(3) India, Ministry of Home Affairs, National Crime Record Bureau (2006), Crimes in India, N. Delhi.

(4) Jordar Biwanath (1984): Prostitution in Historical and Modern Perspectives, Inter India Publication, N.Delhi.

(5) Kishwar, Madhu (2008): On Legalising Prostitution, Yojana (Vol-52).

(6) Khan M.Z, Singh D.R (1987): Prostitution, Human Rights, Law and Voluntary Action; The Indian Journal of Social Work, Vol. XLVII

(7) Nehal, Ashraf (1997): Crime Against Women, N.Delhi, Common Wealth Publication.

(8) Pillai. M.G (2007): Child Abuse , Pointer publications, Jiapur

(9) Shah, GiriRaj (1995): Encyclopedia of Women Studies, N.Delhi, Gyan

(10) file://F:\PROSTITUTION%20INDIA%20-20%ERCESOOR, Prostitution in India: Trends and Issues.

(11) www.national crime record

Leave a Comment