Legalization of Prostitution in India - One Step Ahead or Million Step Back?
LEGALIZATION OF PROSTITUTION IN INDIA-ONE STEP AHEAD OR MILLIONS STEP BACK?
- Anoushka Saha, Parul Institute of Law, Parul University, Vadodara
INTRODUCTION
In order to pave a way of prostitution in India, India firstly needs to break a rock of its culture.Other countries acceptance cannot be the only factor for India to legalize prostitution . Our country is well- known for heritage and culture, therefore, it\'s existence cannot be denied or ignored. Well, it\'s not Amazon which can be imitated from other countries, it\'s damn Indian culture which cannot be overruled. On the contrary, for industrial purpose, will India legalize prostitution breaking the chain of culture which has been followed from our ancestors to us. Or in order to raise the financial income, developing more industries, institutions, business sectors or to make India a "Digital Country"will prostitution be legalized by the authorities? One of the arguments about this legalization claims that it will reduce violence against women. But we have never seen the results of decreasing violence neither in our country without legalizing it nor in foreign nations where prostitution is already legalized. Therefore, there is less possibility for women to get guaranteed protection even if it gets legalized. Instead, it will lead to an unwanted rise in the domination of male in our nation which can be dangerous in every aspect. Also, all the efforts which our government has taken for improving the condition of women in our society will go down rapidly. Will the people of India accept the profession of prostitutes as just another job? Or for the sake of "modernization" the people in our country go against the moral values and support immoral earnings?
FACTORS RESPONSIBLE
While dealing with the matter of prostitution, one thing always come to people\'s mind that prostitution is illegal and prohibited since early ages and this thought has been infused in our blood through generations. In fact, prostitution has been considered as one of the oldest professions through ages. As an oldest profession, it has turned out to be a nightmare for women who were forced into this as a means of earning for their family as well as the owners of centers like brothels and so on. The basic reason for them to enter into this job, mainly for protecting their families from riots, war, social issues and financial support. Individual factors like past abuse, maltreatment, neglect, homeless, runaway or thrown-away, LGBTQ, those who were involved in juvenile centers and foster care, indulged in drugs and other criminal activities or suffered from stigma and depression, Relationship factors like family conflicts, Community-risk factors like peer pressure in schools, gang community, social norms, isolation or Societal factors like lack of awareness about exploitation in work places, trafficking of children and lack of resources. All these factors make females the victims of sex trafficking. Though in general, it is mainly used for commercial purposes in terms of money or in any other kind. Oral sex and sexual Intercourse are common in this profession which is paid mostly in terms of money. In the name of cultural tradition several human trafficking activities are taking place. In Greece, Rome and many other countries including India had a disappointing history of prostitution. One of such is Temple Prostitution. Talking about India, it is mainly prevailing in interior parts of our country like Karnataka where it is basically used for commercial purposes degrading our religious tradition. According to their belief, Goddess Yellamma\'s head was beheaded by her son which was directed by her husband as she caught spying on a couple during their intimation. Later after reincarnation from complex procedure of death, she was born as a symbol of worship for the lower caste of Hindu i.e Dalit\'s. During Saundatti (which is one long month festival) all the young girls in the village are dedicated by their parents to Goddess Yellamma. Later they were forced to marry the deity and unfortunately become a public property, satisfying the sexual needs of the priest and to those they are sold. After the wedding ceremony, the girls are sent back to their hometown. When they reach their puberty, the community looks for a man who bids for her virginity. Traffickers from big cities such as Mumbai, Pune, Delhi (famous for prostitution centers) visit villages during Saundatti festival and demand for the deity\'s bride. Income is being received by the family from the man to whom the girl is sold. Sadly, in India, a girl child is still considered as a burden in their respective family. Also, lower caste people i.e. the Dalit\'s never received the welfare of being educated neither in income nor in getting jobs. This made the lower sections of the society indulge in the belief of making a girl Devdasiwill turn their liability into assets after they are dedicated. Many interviews took place on this concept of Devdasi . After being interviewed, communities of Devadasi from Sindagi and Bijapur in Karnataka claimed that they consider themselves as goddesses as they are the only ones who can feed their family by selling their body. If they don\'t, then it will lead to their death by starvation. When we talk about the foreign countries, in Bangkok, the females in those countries believe that it reduces the incidence of rape. On the contrary, empty sex with prostitutes is being watched by the wives in those countries and allow their husband to have sex with prostitutes rather than having a new spouse. They generally have a attitude that prostitution has always and will always prevail in the social fabric of their country. In Buddhism it is believed that suffering of being a prostitute is a part of their karma. Even during Mughal and British era prostitution was considered legal. Now in the present scenario, it is legal in our country except for brothels and such other centers.
EFFECTS
Every step has its pros and cons. Similarly, talking about legalizing prostitution has advantages as a well as disadvantages. What if India break the rock of culture and legalizes prostitution? Wonder, what the situation of India would be? Will our Constitution validate the changes in laws related to prostitution? In present-day, sex is not considered illegal according to Indian Penal Code but with reasonable restrictions like in public places or arranging any kind of act is illegal. Trafficking of children and women, money earned by means of prostitution or managing a brothel is explicitly illegal by Immoral Traffic (Prevention) Act, 1956(ITPA) . In contrast, article 23(1) prohibits human trafficking or any other form of labour, and article 23(2) declares any contravention of this provision will be punishable by law. In Raj Bahadur v. Legal Remembrancer [1] it was stated that the State can impose any compulsory services for public purpose in order to reduce trafficking. Keeping in mind about, it is claimed that making it legalized will promote hygiene but it is always going to be dangerous and unhealthy. Health check-up will always benefit the customers and not for workers. It is risky for a woman to be with a strange man alone in a closed room. In addition, it always increases violence against women and unfavorable power of male and later women will be considered as an object for sex satisfaction. Undoubtedly women will no longer be safe or can be protected. Talking about rapes and crimes (trafficking centers and pimps),there will be no reduction but it will increase rapidly. Countries like Switzerland, New Zealand and others claimed that even after legalizing it the females are not safe also there is no reduction in criminal activities. Now, Adultery is no more a crime in our country after Joseph Shine v. UOI 2018, still don\'t you think it will destroy several marital bonds if by chance it gets Legalized? Many argued that the State should not interfere, but if they don\'t then how can you claim for laws to get enforced for their rights. For sure, our country will generate a lot of tax revenue as other foreign countries have earned $20 billion per year by setting up this industry but will our country accept the immoral earnings which breaks the sanctity of society\'s basic value?
MY OPINION
To conclude, prostitution isn\'t going anywhere, but it cannot get legalized. India is mainly popular for heritage, ethics and culture which mentions that selling a body is against the moral values as our body is created by the Almighty, therefore, nobody has unlimited rights over their body. In contrast, it will poison the minds of the young adults who will consider females as an object for satisfaction. Tax revenue can be earned in many other ways; we don\'t require prostitution industry for that. In a word, "To save our country from shattering, prostitution should not be legalized".
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REFERENCES :-
1.Refer https://www.myadvo.in/
2. Refer https://www.nap.edu/read/18358/chapter/6
3.Refer https://link.springer.com/chapter/10.1057/9781137390578_6
4.ConceptofYellamma&Devadasi-https://safecity.in/prostitution-in-different-cultures/
5.Referhttps://www.debatingeurope.eu/focus/arguments-legalising-prostitution/
