IS PROSTITUTION A LEGAL PROFESSION IN INDIA? By - Parth Sarthi Garg
IS PROSTITUTION A LEGAL PROFESSION
IN INDIA?
Authored By - Parth Sarthi Garg
ABSTRACT
Sex work
has been carried out since the historical period when the practice of
“Devadasi” was prevalent. These devadasis were sexually liberated women who
excelled in several art forms. The sex workers and their children, in India,
have faced depravity, discrimination and neglect at the hands of society and
the public welfare authorities. This deplorable situation of prostitutes had
not been recognised for decades, and they had to face extreme cruelty and
ignorance, because of which their condition worsened over the years. One of the
most fundamental reasons women take up prostitution is poverty and lack of
education. Poverty and unemployment have made women force themselves into sex
work as their only way of gaining financial independence. The recent Supreme
Court order has swayed the way for sex workers and given them hope that their
profession would be given legal validity. The apex court had clarified its
stand and recognised sex work as a dignified profession. While the court
observed that there are no laws that are primarily focused on the welfare of
sex workers, there has been legislation to curb immoral trafficking and
exploitation of prostitutes. The court directed that its order will be valid
till the time a law concerning the matter comes into force. The paper took into
consideration the international legal framework and status of different
countries on legality of prostitution. The paper’s concept is to highlight the
benefits of legalising commercial sex with the point of view of sex workers and
children forcefully trafficked into prostitution by the interpretation of the
Supreme court held recently.
Keywords: Sex work,
prostitutes, exploitation, profession, trafficking
PART I: INTRODUCTION”
Immoral Traffic (Prevention) Act of
1956 defines prostitution as the sexual exploitation or abuse of persons for
financial gain[1]. Mumbai,
the biggest sex business city in Asia, is where prostitution is currently found
in India. A report claims that India has ten million or so sex workers, 100,000
of them are employed in Mumbai, Asia's biggest centre for the sex business.
Between 300,000 and 500,000 kids work in the sex industry in India, with
Bangalore and five other large cities housing 80 per cent of the nation's child
prostitutes[2]. These
enormous numbers demonstrate the need for a comprehensive state response to
this inevitable atrocity[3].
Commercial sex is defined as
unpreferred sex work performed in exchange for monetary or other economic
gains. Females are no longer the only ones who are actively engaged in this
field currently. In this industry,
prostitution is now practised by men and transgender people, though to a very
small extent when compared to women.
In India, where women are either
passively or actively coerced into prostitution, it is more of subjugating
employment for women. This is because their parents/guardians trafficked or
sold them as child prostitutes or because they chose prostitution as a means of
subsistence; this is how women and children are forced into misuse and heinous
job. Under the notion of marriage or job opportunities, Women who
are vulnerable or disadvantaged are targeted and convinced to become
prostitutes. This is what prostitution has become in today’s world. One of the
most critical questions regarding prostitution is whether its legalisation is
for the better or, the worse.
RESEARCH QUESTIONS
There are some questions that are
answered in this research paper are:
Ø What impact would
legalisation have on women's exploitation in the name of prostitution?
Ø Considering the
limitations of numerous sociological and legal frameworks in our nation, is it
feasible to legalise commercial sex in India?
AIM OF THE STUDY
The study involves an explanatory and
prescriptive approach with some aims to be achieved in this paper. The main aim
of this study is to investigate the current status of prostitution in India in
terms of legality. Along with the above-stated aim paper’s other aims are to
examine the implications of rights and remedies provided to sex workers if
commercial sex is legalised. The last aim of this paper is to provide some
recommendations for regulating prostitution in India.
RESEARCH
METHODOLOGY
The study includes
analysing qualitative data from books, publications, court decisions, websites,
and law journals. These were gathered from several internet databases and
sources supplied viewpoints from a variety of scholars and social scientists,
as well as assisting in the conclusion of the study. The current research is mostly based
on doctrinal research principles. Doctrinal research is suggested by the notion
of referring to and examining existing facts, such as laws and statistics. The
researcher also feels that research techniques should contain secondary and
tertiary empirical data to help in further study of the research subject,
rather than being confined to analytical and prescriptive tools. As a
consequence, the researchers believe that the strategies utilized in this study
are appropriate for the problem at hand.
LITERATURE REVIEW
The researcher used
this literature, “10 reasons to decriminalize prostitution by open society
foundations”[4],
which provides 10 reasons why it is beneficial to legalise commercial sex for
sex workers. This source helped the researcher understand why these reasons
should be considered while legalising commercial sex. The source covered the
gap which was there in research as to why commercial sex should be legalised
and what its impact would be. In
this news article “Supreme Court order on sex work historic, but execution will
be the real hurdle”[5], it was discussed the order given by the Supreme
Court of India regarding prostitution. This source of literature reiterated the
Supreme Court’s order and also laid down some directions and instructions that
have to be complied with. This article helped the researcher to understand what
are the recent steps taken by the Supreme Court towards the betterment of the
life of sex workers. In the source “Sex
Work is a Legal Profession, Says Supreme Court in Historic Order”[6] had a debate over the decision given by the Supreme Court
in reference to prostitution carried out in our country. Supreme Court
recognised sex work as a legal profession and emphasised that sex workers have
the same rights to respect and dignity as other professionals. The researcher
of this paper took into consideration the decision of the Supreme Court as
current developments towards sex workers. In this literature, “SACRED AND SENSUOUS: A history
of sex work in Ancient India”,[7]
authored by Violina Das, and published by Coeus, referred by the researcher of
this paper to understand how prostitution originated in several parts of India.
The article is a well-written literature wherein it discusses prostitution from
the Vedic era and how people used to consider prostitutes as a respectable
class in society. This source of literature, “ Legalization of Prostitution in India and its Impact on
the Exploitation and Violence Against Women”[8],
is a research paper which has been referred by the researcher of this paper to
understand the impact of legalising prostitution on sex workers. This source
deals with the effects of the objectionable implementation of current laws in
society and how it is exploitative to sex workers.
PART II: ANALYSIS”
THE ORIGIN AND PRACTICE OF
PROSTITUTION IN INDIA
Prostitution has been depicted in
temples throughout history, dating back to the Ancient Near East Civilizations.
In India, prostitution first appeared in the form of clandestine love affairs
or extramarital affairs in Ancient India. The Rig Veda supports the existence
of commercial sex by mentioning the “Sadharani”, which is, means the term
‘prostitute’. Prostitution originated as a result of the existence of the
marriage institution[9]. Prostitution was a socially acceptable
occupation throughout the Vedic period era.
The Devadasis is another prevalent name in India historically connected to
prostitution. At the beginning of the practise, the ladies accepted to
be devadasi received two major honours because they were seen as “those great women who control natural
human impulses, their five senses, and surrender themselves completely to
God”. First, because they were literally married to the deity, they were to be
treated as though they were the Goddess Lakshmi herself.[10]
If we talk about medieval India with
the invasion of the Mughals, these prostitutes were held captive by the Sultans
for the enjoyment of the army and troops. Even during the Mohammedan period,
dancing girls, who were occasionally prostitutes, were hired in the Sultans'
Courts. These ladies were called "tawaifs" by their captors. The
interference of the British and their rule in India abolished hierarchy and
distinctions within the trade, as well as activities and practices that were
once regarded as a unique fusion of sexuality and art. Tawaifs, who were
"very talented ladies" and trained social performers who gave
performances outside Mughal courts, were initially invited to British events
but were ultimately pressured into prostitution[11]. For the troops, brothels were
built during the British occupation. One of India's first prostitution laws was
the Cantonment Act of 1864, which was imposed by the British Raj.
INTERNATIONAL LEGAL FRAMEWORK
As can be seen, there are various
conventions formed internationally and treaties that guard sex workers' human
rights and interests. The UN Convention for the Suppression of the
Traffic in Persons and the Exploitation of Prostitution of Others was the most important international
convention dealing with prostitutes in 1949. Many conventions, treaties, and organisations
have been established in the past to protect the human rights and interests of
sex workers, such as the Convention on Elimination of all forms of
Discrimination Against Women, 1979; International Convention to Suppress the
Slave Trade and Slavery, 1926; 1967; Protocol to Prevent, Suppress and Punish
Trafficking in Persons Especially Women and Children.
These conventions serve the
fundamental goal of guaranteeing men and women have equal rights and dignity,
including the right to life and freedom, equal protection under the law, and
security against all types of bondage and subjugation, just as insurance against
discretionary obstruction with protection, family, home, or correspondence.
They also fulfil the fundamental need of providing equal freedoms and pride to
people. For sex workers specifically, the freedom to work is crucial. This
includes the right to a free choice of occupation as well as fair and
beneficial working conditions. Legislators, courts, concerned parties, and
individuals can use the following instruments to ensure that all human rights
are upheld if they are integrated into domestic law. India has also ratified
the SAARC convention on preventing and combating the trafficking of women and
children for sexual exploitation, which acts as a safeguard against these
crimes.
LEGAL
STATUS OF PROSTITUTION
IN OTHER
COUNTRIES
1. Victoria,
Australia: Except
for escort services and registered brothels, the Victorian government has
maintained a blanket prohibition on all forms of prostitution. The Victoria
experiment failed for two reasons: For starters, legal brothels have only
existed in small numbers due to local authorities' jurisdiction over licence
issuance and revocation, as well as community pressure. Second, because there
are so few legal brothels, brothel owners have a lot of power to exploit sex
workers who want legal employment.[12]
2.
China: Sex
labour is subject to both administrative and criminal law in China. The Law on
Penalties for Administration of Public Security 2005 (Article 66) of China
makes it unlawful to buy and sell prostitutes as well as to lure, shelter, or
introduce a person into prostitution.[13]
3.
The United States of America: In
the federal structure of the United States, each state has its own sex work
laws. Most states forbid any aspect of purchasing, selling, or planning sexual
services. With the exception of Nevada, which legalises licenced brothels and
is subject to strict regulations, prostitution is thought to be illegal in the
USA.[14]
4.
Germany:
Germany’s system of legal, organised, and taxed prostitution is among the most
modern in the world. In Germany, prostitution jobs may also be processed
through brothels, advertisements, and HR firms. The Prostitutes Protection Act,
which sought to safeguard the legal rights of prostitutes, was introduced in
Germany in 2017. According to the Act, all prostitution businesses require a
permit, and all prostitutes need a registration certificate.[15]
5. Mexico: In
Mexico, prostitution is legal according to federal law. Thirty-one of the
states in the union have their own laws governing prostitution, with thirteen of them permitting
and regulating it. Several cities have "tolerance zones" that
function as prostitution-friendly red-light districts. In comparison to the
USA, prostitution is far more legal in Mexico[16].
INDIAN LEGAL SYSTEM GOVERNING
SEX WORK
The Immoral Traffic (Prevention) Act,
1956, the Indian Penal Code, 1860, and the Constitution of India, 1950, all
regulate sex work in India. The Constitution guarantees rights for equality,
freedom of association, the right to life, and individual liberties, in
addition to provisions against forced labour and human trafficking and denying
both individual trafficking and constrained work.
THE CONSTITUTION OF INDIA, 1949
As
stated in the constitution’s
preamble, India is a sovereign, socialist, secular, democratic, and republican
society in which all citizens must have equality of position, dignity,
and opportunity. The Indian constitution guarantees various rights to equality
and freedom regardless of gender, caste, religion, or social class. Some of the
rights guaranteed by the constitution include; Article 14[17],
wherein it is provided that there shall be equality before the law and no
discrimination against any person based on sex, colour or race, which includes
sex workers also. Article 15[18]
provides that there shall be no discrimination in access to public places such
as shops, restaurants, tanks etc, on the basis of caste, race, sex or religion.
It also provides that the state can make special provisions for women and
children for their welfare and development, including sex workers and children.
Article 21[19]
guarantees that no person shall be deprived of life and personal liberty; this
is with reference to everyone, which involves sex workers and their rights,
which are violated by policemen. Under Article 32[20],
a legal right is guaranteed to everyone, which is the right to move the Supreme
Court in furtherance of violating their fundamental rights.
INDIAN
PENAL CODE, 1860
There
are some provisions in the Indian Penal Code, 1860 which also deals with the
offences and punishments in relation to prostitution or sexual offences against
woman, such as the Section 354[21]which
deals with the offender inflicting criminal force or assault with intent to
outrage the modesty of woman which includes sex workers shall be punished for
imprisonment or fine or both.
Along
with this section, there is another section that is section 372[22]
of the Indian Penal Code, which expressly addresses prostitution and declares
that anyone who sells a juvenile with the aim that the juvenile be used for
prostitution, unlawful sexual activity, or another immoral purpose is subject
to both prison and a fine.
IMMORAL TRAFFIC PREVENTION ACT,
1956
The Immoral Traffic (Prevention) Act
1956 is the most important legislation governing the sex trade (hereinafter
ITPA). The Act largely provides that forceful sexual intercourse and other
activities are illegal, giving prostitution a business point of view that is
likely to disrupt the prostitute's personal life. The Act forbids the
commercialization of human flesh, but it does not outright prohibit
prostitution. Proving prostitution or commercial sex requires a woman or girl
to demonstrate that she has offered her body for sexual intercourse for hire,
according to the law. Anyone who permits or supervises the property, uses it or
knowingly permits someone else to use it as a brothel or engages in any
activity is punished under Section 3[23] of the Act.
From section 3 to section 9 of the
act, there are offences laid down. The act was designed to end commercialised
women's trafficking, according to a few of court decisions. According to a few
court decisions, the act was not intended to outlaw prostitutes and prostitution
in general. It also didn't make it criminal for a woman to prostitute herself,
instead focusing on preventing or eliminating the commercialised evil of women
trafficking. Under this act, a Magistrate can order the removal of a prostitute
from any site in the public interest if he believes it is necessary.
“RESISTANCE IN PROPER IMPLEMENTATION
The major flaw in the act
is not in the legislation itself but rather in its implementation. One of the
most significant challenges in this Act is the corrupted implementation. This
is why our country's rules are only applied to a limited number of people. This
is clear evidence that the police and the judiciary's attitudes have not
altered. The police arrest the prostitutes rather than the brothel proprietors
during raids.
Another issue is that the
reformative and rehabilitation facilities available to these prostitutes are
insufficient. These shelters are insufficient and unable to accommodate a large
number of prostitutes who have been victims of crime. There is a scarcity of
homes, and the number of casualties is high. As a result, this causes a dilemma
and leaves many of them without a home, leading them back to the same activity
and making them victims of such actions. They must work on counselling and job
placement.
The ongoing issue is that
the Immoral Traffic (Prevention) Act’s enforcement has been discovered via
field research. One such study exemplifies the challenge of acquiring
sufficient evidence to reach a firm conviction. Some police officers claim that
there is a significant discrepancy between the actual number of crimes
committed and the number of crimes recorded in police files since many crimes
that are reported go unregistered.
“WHY IS IT PERTINENT TO LEGALISE
PROSTITUTION?
Respect for human rights and dignity:
All people are born free and equal in rights, which is one of the fundamentals
of modern human rights[24].
Adults engage in sex work for a variety of reasons, including as a primary
source of revenue or as a short-term means of subsistence. For some, sex
employment offers higher compensation and more comfortable working conditions.
Whatever the motivations, sex work is a job, and those who perform it need to
be treated with respect.[25]
Police abuse and violence: Police
have control over sex workers in jurisdictions where prostitution is illegal.
Police threaten to arrest, publicly humiliate, and extort sex workers. Sex
workers describe being raped by police when detained, frequently without
condoms and frequently as a condition of being released on bail from Namibia to
Serbia. In these situations, police assault sex workers without consequence, in
part because the victims are afraid of being arrested or subjected to more
abuse if they report the crimes.[26]
Access to justice: Due to their fear
of harassment, police surveillance, stigma, and discrimination, sex workers who
are subjected to sex work laws experience fear about reporting crimes,
particularly violent crimes and other abuses. Many sex workers said that,
following New Zealand's 2003 legal reforms, they could come to the police and
courts for assistance without worrying about being charged for the first time
in their life.[27]
Access to health services: Decriminalization has also been demonstrated
to enhance sex workers’ access to and rates of condom use. Additionally,
decriminalisation enables sex workers to collaborate in groups where they may
plan suitable, approachable, and respectful health care for themselves. This
presents a powerful contrast to the prejudice and stigma that many healthcare
professionals show toward sex workers.[28]
Reduces risk of HIV and sexually
transmitted infections: Over the following ten years, decriminalising sex work
might prevent up to 46 per cent of new HIV infections among female sex workers.
Sex workers are better able to receive HIV testing and treatment when sex work
is decriminalised because they are given the authority to demand that clients
use condoms.[29]
Promotes safe working conditions:
Regulations for workplace health and safety that are applicable to the sex
business can be instructions for decriminalisation. By allowing sex workers to
organise, decriminalisation also supports better working conditions for them.
Sex workers can collectively address risk concerns in their jobs and demand better
working circumstances.[30]
JUDICIAL
STAND ON THE MATTER
OVER THE
YEARS
There are a few case laws
present in this research paper which deal with prostitution and the related
activities which came to the notice of law. These judgements were made to
understand what constitutes prostitution, rape, and assault and what
infringement is done on human rights in prostitution. A few case laws are
listed down:
1.
Bai Shanta v. State of Gujarat[31]: In this case, the aforementioned Act did not intend to criminalize
prostitutes and prostitution in general and did not make it a crime in and of
itself to penalise a woman for engaging in prostitution. Section 7 of ITPA made
it illegal to engage in prostitution in or near certain public locations. This
provision prevents the woman from engaging in her profession in violation of
the Act's requirements and, to that extent, makes prostitution illegal.
2.
Gaurav Jain v. Union of India[32]:
It was held that the children of prostitutes
also have a right to equality, dignity, and equal opportunities. They also
require protection, care, and acceptance into society. The State has a
responsibility to see to it that the victims are rescued, treated, and given
the means to support themselves. The court mandated that juvenile homes be
built in order to guarantee the children's protection and rehabilitation. It
commanded the creation of a panel to look into the matter and formulate
strategies for the sufferers' uplift.
3.
In Re: Ratnamala and Another v.
Respondent[33]: It was determined that the intent is not to criminalise prostitution
per se or to punish a woman simply for engaging in self-prostitution. This is
clearly demonstrated by the final clause of the definition of
"brothel" in Section 2(a) of the Immoral Traffic (Prevention) Act,
which states that a woman's home will not qualify as a "brothel" if
she engages in prostitution for a living on her own without the assistance of
another prostitute or any other person involved in keeping such premises.
4. Fateh Chand v. State of Haryana[34]
(2009): The Indian Penal Code's Section 366 states
that a man was charged in this case with acquiring a minor for prostitution.
Sections 372 and 373 of the Indian Penal Code have banned purchasing or hiring
a minor female for sex work as well as selling or disposing of a kid with the
intent to force her into prostitution.
5. Budhadev
Karmaskar v. State of West Bengal[35]: In
this decision, the top court ruled that because sex workers are also people,
they have a right to a life of dignity. The meaning of the word
"life" in Article 21 of the Constitution has well established thanks
to a number of court decisions, and it does not merely refer to animal life.
6. Manoj Kumar Shaw v. State of West Bengal[36] (2013): The chief judge of the Calcutta High Court instructed the
investigating officer to issue a notice under Section 41 of the Criminal
Procedure Code against the owner of the health spa who had engaged young girls
in his spa's prostitution business. The court ruled that such severe offences,
which fall under Section 5 of the Immoral Traffick Prevention Act and involve
prostitution in legally recognised establishments like health spas,
need attention, as well as a serious approach when prosecuted. According
to Section 164 of the Criminal Procedure Code, the Court ordered that the
victims be freed and that their testimonies be recorded. The state victim
compensation program’s interim compensation and legal rehabilitation
instructions were given to the victims.
7.
Bachpan Bachao Andolan vs. Union of India[37]: The
petitioner requested that the Juvenile Justice (Care and Protection of
Children) Act, 2000’s provisions be applied, and it was suggested that
intrastate child trafficking, their bondage and forcible confinement, routine
sexual harassment, and abuse be made punishable offences under the Indian Penal
Code, 1860. Held, the Indian Constitution’s
Articles 23, 39, 14, and 21 guarantees that every child is protected from
exploitation of any kind. Various laws pertaining to child labour, abuse, and
trafficking were violated.
8.
Krishnamurthy
v. Public Prosecutor[38]: It was
decided that if a person commits any of the acts listed in Section 3 (1) of the
Act in regard to a brothel, they are guilty of the offence. According to the
established facts, the appellant's home served as a brothel. The females were
made available with the intention of prostitution. The house was utilised for
these activities definitely for the benefit of the appellant, who kept the
funds provided for using the girls as prostitutes.
OPINION OF THE SUPREME COURT ON
PROSTITUTION
“It
is as if they (sex workers) are a class whose rights are not recognized”. -
Hon’ble Supreme Court
India’s
Supreme Court, in its powerful and poignant judgment, on May 2022, recognized
sex work as a “legal profession,” asserting that the basic dignity that comes
with any profession should extend to sex workers as well. Considering that sex
work is not unknown in India, this order was not only historical but also
necessary[39].
It has been a common profession historically but in dangerous circumstances. A
three-judge bench of the Supreme Court consisting of
Justices L Nageswara Rao, BR Gavai, and AS Bopanna made a landmark
ruling in 2022 recognising sex work as a legitimate profession and stating that
sex workers are entitled to respect and equal protection under the law. The
Supreme Court clarified that ‘voluntary’ sex work was not against the law.
It
offered great instructions, such as when a sex worker reports an offence; the
police must take the complaint seriously and follow the law; when a brothel is
searched, the sex workers involved should not be detained; the police should
treat all sex workers with dignity and not abuse them, that no child of a sex
worker should be taken away from the mother simply because she works in the sex
trade and many positive directives.[40]
This is a step towards decriminalizing sex work and workers and in adequately
recognizing their labour as informal workers in the country,” referring to the
ruling, the National Network of Sex Workers (NNSW) released a statement.
PART III: CONCLUSION &
SUGGESTIONS
The profession of prostitution has
long been despised by society, and those who engage in it are seen as filthy
and shameless. India's laws against prostitution are ineffectual and lack a
comprehensive strategy. Therefore, it is imperative that such behaviours be
regulated. It is preferable to have regulations rather than complete bans
because prostitution will indeed exist even under strict legislation.
In some instances, the profession of
prostitution involves violence and exploitation. However, for some people, it
might be helpful in maintaining a family. The primary source of concern is that
people need to be made aware of women's struggles in order to prevent them from
committing such horrific atrocities on them. In light of these factors, the
researcher is of the opinion that prostitution should be made legal, with a
regulatory body in charge of monitoring the activity. Legalizing and regulating
prostitution provides the rights and security of sex workers and children. The
ethical, medical, and legal ramifications of legalising prostitution have all
been taken into account. Prostitution is permissible in India when done behind
closed doors and privately, as was previously mentioned. Government monitoring
of brothels and other related businesses is necessary to regulate prostitution.
Regardless of the fact that there are legislations against pimping and the
creation of brothels, these practices nonetheless persist and abuse women.
Police raids are not always successful because the owners of the brothels bribe
the officers. Once prostitution is decriminalised, governance will be more
straightforward. This will contribute to a decrease in the prostitution of
women and children. It is challenging to tell if the ladies have consented to
engage in prostitution under the current system.
The ideal course of action for India
is to regulate prostitution in this way, which will significantly minimise societal
issues like exploitation and violence in the sex industry by decriminalising
prostitutes, criminalising brothel owners, and punishing demand in the form of
sexual service consumers.
[2]
Kaushalya, D. (2022) Prostitution: Should it be legalized in India?, Indian
Legal Live. Indian Legal Live. Available at: https://www.indialegallive.com/laws-research-indepth/prostitution-should-it-be-legalized-in-india/#
[3]
Sarode, A. ed., 2008. Prostitution and
Beyond: An Analysis of Sex Work in India. New Delhi: SAGE Publications
India Pvt Ltd. Available at:
[Accessed 8th Jan 2023].
[4] Open Society Foundations (2015)
“Ten Reasons to Decriminalize Sex Work,” April. Available at:
https://www.opensocietyfoundations.org/publications/ten-reasons-decriminalize-sex-work
[5] Jain, A. (2022) Supreme Court
order on sex work historic, but execution will be the real hurdle. The Print.
Available at:
https://theprint.in/campus-voice/supreme-court-order-on-sex-work-historic-but-execution-will-be-the-real-hurdle/988049/.
[6] Kalia, S. (2022) Sex work is a
legal profession, Says Supreme Court in Historic Order, The Swaddle. Available
at: https://theswaddle.com/sex-work-is-a-legal-profession-says-supreme-court-in-historic-order/ (Accessed: January 5, 2023).
[7]
Das, V. ( 2021) Sacred And Sensuous: A History of sex work in Ancient
India, Coeus. Available at : https://www.coeusresearch.org/post/sex-work-in-ancient-india (Accessed: January 7, 2023)
[8] Yuktha Suresh, Legalization of
Prostitution in India and its Impact on the Exploitation and Violence against
Women, 4(2) IJLMH, Page 961- 968, (2021).
[9]
Supra Note 7
[10]
Supra Note 7
[11]
Chatterjee, S. (2021) Race, Prostitution and The British Empire, Royal Historical
Society, royalhistsoc. Available at: https://blog.royalhistsoc.org/2021/05/24/race-prostitution-anGd-the-british-empire/.
Accessed on: 5 January, 2023.
[12]
Gupta, K. (2022) Countries Where Prostitution is Legal. Available at: https://blog.ipleaders.in/countries-where-prostitution-is-legal/#:~:text=The%20Netherlands%2C%20Germany%2C%20Austria%2C,legalised%20the%20act%20of%20prostitution.
Accessed on: 2 January, 2023.
[13]
Id
[15] Id
[17]The Indian Constitution. Art.14
[18]The Indian Constitution, Art.15
[19] The Indian Constitution, Art.21
[20] The Indian Constitution, Art.32
[21]The Indian Penal Code, 1860, §
354, Acts of Parliament,1949 (India)
[24] Universal Declaration of Human
Rights, art. 1.
[25] Supra Note 4
[27] Supra Note 4
[28] Supra Note 4
[29] Supra Note 4
[31] Bai Shanta v. State of Gujarat AIR 1967
Guj 211
[32] Gaurav Jain v. Union of India, (1997) 8
SCC 114
[33] Ratnamala and
Another v. Respondent AIR 1962 Madras 31
[34] Fateh Chand v. State
of Haryana, (2009) 15 SCC 543
[35]
Budhadev Karmaskar v. State of West Bengal 2007
(4) CHN 305
[37] Bachpan Bachao v. Union of India LNIND 2010
DEL 1495
[39] Supra Note 5