LEGALIZATION OF PROSTITUTION: A STUDY FOR LEGAL STATUS OF SEX WORKERS IN INDIA BY: RIYA RAKESH SHIROYA
LEGALIZATION OF PROSTITUTION: A STUDY FOR LEGAL STATUS OF SEX
WORKERS IN INDIA
AUTHORED
BY: RIYA RAKESH SHIROYA
Unitedworld
School of Law
Karnavati University
Gandhinagar, Gujarat – 382 422
ABSTRACT
Prostitution is one of the oldest
professions in this world but it is not like other jobs. If people look at the
reality of life, they will understand the sex workers in Prostitution are doing
their job to earn money but the sex workers are not recognized by the people
due to morals and mindset of the society which clears that it is unlike any
other jobs. 98% of the people involved in Prostitution are women and 99% of the
buyers/employers are men. Although this paper aims at examining moral
consternation and evangelism in society but it is centred on the dynamics of
consternation and the social forces promoting them and the present situation
where almost no attention is given to these people by the Government.
The Government and Legislature plays
an important role in this process. The question which arise from above
mentioned paragraph is that selling our body or being a sex worker is ethical
work or not? If we make it legalize then what will happen to the social moral?
The answer to the question is that they are not. In the 20th century
prostitution is an illegal act which if it becomes decriminalize, would profit
and preserve the sex worker and also the society. Decriminalization of
prostitution is good for the economic profit of governments around the world
that lack resources.
1.
PROSTITUTION AND SEX WORKERS IN INDIA:
Any person who works in prostitution
is referred to as a prostitute. Prostitution is the practise or business where
people participate in sexual behaviour for payment. Prostitution can place in a
variety of settings, and its legal position varies from country to country as
well as from region to region within a country. It can range from being an upheld
or unenforced violation to being uncontrolled or a directed vocation. In the
same way that pornography or any other form of sexual entertainment is a
component of the sex industry. Brothels are establishments that are solely focused on prostitution. Prostitution
laws and conditions are generally changing globally, reflecting divergent
judgements. Some people believe that prostitution contributes to the emerging
crime of human trafficking by abusing or brutally treating women and children.
Individuals who engage in consensual
sexual activities or perform erotic acts in exchange for money or other goods
are referred to as sex workers. The term "sex worker" recognizes that
sex is a form of work. On the other hand, the word "prostitution" is
often associated with criminal activity and immorality. Many individuals who
work in the sex industry prefer the term "sex worker" as it is less
stigmatizing and derogatory than "prostitute". The stigma associated
with the latter term can result in sex workers being excluded from accessing
legal, medical, and social services.
Males were the sole clients and
prostitutes in the past, but in the twenty-first century, all genders,
including transgender people, now employed in this industry. The BBC report
claims that the number of men working as prostitutes in India is growing
quickly. Additionally, it says that they offer sex to the male clients when
there are no female customers. Gigolo is the term for male prostitutes.
Some men who sell sex to other men
have a sexual attraction to men and/or self-identify as gay or bisexual (or use
terms with similar meanings in their native language). They engage in
commercial sex because they need the money or because there are cultural norms
regarding sex between older and younger men, or between different social
classes, in their area. It's
also important to note that some people who sell sex to men do so for a variety
of reasons and do not necessarily have a sexual attraction to men or identify
as homosexual or bisexual. In many places, numerous sex dealers have straight
partners or have started heterosexual families. This statement highlights that
simply applying HIV prevention strategies designed for gay and bisexual individuals
to men who have sex with women is not very effective. It underscores the fact
that these men's sexual networks are complex and require solutions that are
relevant to their specific contexts. Therefore, HIV among men who have sex with
women should not be seen as a singular problem, but as a clear indication of
the need for all-encompassing HIV interventions that address the requirements
of this diverse group.[1]
The population of men who engage in
sex work for money or other goods is incredibly diverse across different
countries and regions. It is important to differentiate them from transgender
women who work in the sex industry since these women have different needs
compared to gender-conforming men who engage in sex work, which is the focus of
the review by Poteat et al. Unfortunately, research often includes MSW as a
subset of men who have sex with men (MSM), a subgroup in studies on sex work
that primarily involve women, or as part of a larger category called "male
sex workers" that often includes transgender women. Additionally, most
research on male sex work as a risk factor for HIV and other sexually
transmitted infections has focused on young, low-income men who often sell sex
to older homosexual or bisexual men in exchange for money, gifts, drugs,
shelter, or other forms of financial assistance.
A woman may become a prostitute for a
variety of reasons, but poverty and unemployment are two of the biggest
motivators for women to engage in commercial sex.[2] It
has been observed that women from distant places are vulnerable to dishonest
middlemen who promise them prospects for respectable employment before tricking
them into becoming sex workers. Poverty is the main factor that pushes
desperate and defenceless women into prostitution. It is acknowledged that, out
of all the factors responsible for prostitution, poverty is thought to be the main
factor driving people to become prostitutes.
The rise in poverty, particularly
among young people, has led many to migrate to urban areas where they turn to
prostitution as a means of survival for themselves and their families.
Prostitution was not as common in pre-modern times as it is today, and this can
be attributed to the process of urbanization that has led to a shift in the
structure of our society. Urbanization has brought about the growth of
capitalism, which has resulted in class polarization and a rise in poverty,
unemployment, crime, and isolation.[3] As
a result, prostitution has become more prevalent, especially among females who
use it as a means of coping with economic challenges. In addition, women are
often forced into sex work due to a lack of job opportunities, which drives
them to engage in illicit activities as a way to earn a living.
Six percent or so of the women who
were raped went into prostitution. Yet frequently, the society that accuses
these women of being raped makes sexual assault survivors feel guilty and
stigmatises them. Additionally, in certain instances, not only has society
rejected them but even their own relatives. In addition to the delay or
rejection of justice, the casualties occasionally face comparable circumstances.
Black world of prostitution attracts individuals who are having no home to
stay, no food to eat and no place to live their life. As they come across this
world they tend to accept the same with open arms because of their compulsion
and bad state in outer society.[4]
There are numerous root causes of prostitution. The following are the
main ones:
Economic Root Causes- It is one of the causes of prostitution, along with
other elements such;
1.
Poverty:
Women in poverty frequently lack access to education and gainful jobs. In such
a circumstance, a mother may turn to prostitution in order to support her
family and provide her kids with a top-notch education.
2.
Underage
employment: Many girls who work in the hospitality industry, retail, and other
sectors of the economy at a young age are easily duped by lust-seekers and end
up in prostitution.
Social Root Causes- Social root causes can be termed as significant
factors in encouraging and promoting prostitution and they include;
1.
Family
causes: When parents take their daughter away because of family issues, they
don't get any love and their actions aren't watched. An unloved girl will give
her entire self to the person who gives her love, which could lead to
prostitution.
2.
Marriage-related
issues: In a lot of Hindu society, it is forbidden for a widow to get married
again. She is prone to abuse herself, seduce children, and other such things,
though, in order to satisfy their bodily cravings. They might decide to become
prostitutes though because they are poor replacements for actual sex.
3.
Illegitimate
motherhood: When society is aware that a woman is the mother of an illegitimate
kid, no one wants to marry her but everyone wants to have sex with her. Such
ladies would desperately prefer to work as regular prostitutes.
Impacts:
Effects on Individuals: Prostitution has both physical and mental effects
on individuals. Certain of them are:
In the course of their prostitution
activities, males abuse women. They experience moral failure and lose the
respect and standing that other honourable men and women hold in society. Male
pimps and prostitutes are often infected with lethal diseases like HIV/AIDS,
Herpes, etc. Those who are prostitutes face prejudice from society. After
engaging in prostitution, many females start using drugs. Girls (women)
experience hostility, isolation, and loneliness because people avoid them in
society. Even some of them kill themselves.
Effects on Society: As long as prostitution is practised in society, the
following negative effects will occur:
Many girls are trafficked and pushed
into prostitution or other illicit activities since there is a connection
between it and human trafficking. When women are intended to be exploited as
objects of sexual enjoyment for males, it adds to gender inequity. It destroys
many women's and men's families and fragments marriages. By trafficking girls,
pimps and prostitutes engage in criminal activity in society. Moreover, it
causes society's morals to decline.
4.
IS PROSTITUTION LEGAL IN INDIA?
When it comes to prostitution, there
are three different types of nations:
When prostitution is prohibited and
against the law, such as in Kenya, Morocco, Afghanistan, etc. Where
prostitution is permitted, but only in select countries, such as India, Canada,
France, etc. In countries with appropriate legal regulations, such as New
Zealand, Australia, Austria, the Netherlands, etc., prostitution is permitted.
One of the crucial inquiries is
whether the act of prostitution is legal in India, and if it is, what are the
entitlements of individuals engaged in prostitution?
The conflict between "Yes"
and "No" is the answer to this query. Although it is not expressly
stated that prostitution is prohibited by law in the Indian context, several
prostitution-related actions, including as operating brothels, solicitation,
trafficking, and pimping, are all considered crimes in India under THE IMMORAL
TRAFFIC (PREVENTION) ACT (1956).
While prostitution in general is
permitted in India, some associated behaviours or activities are viewed as
criminal or are penalised. If anybody is proven to have engaged in any of the
following behaviours, they may be penalised in line with the applicable laws of
the legal system:
Engaging in activities such as
soliciting prostitution in public places, operating brothels, arranging
prostitution activities in hotels, pimping, and organizing sexual services for
customers are all considered forms of prostitution.[5] An
individual who offers their body for sexual activities in exchange for money is
known as a prostitute. The primary law that regulates the legal status of sex
workers in India is the Immoral Traffic (Suppression) Act of 1956 (SITA).
India's endorsement of the United Nations declaration on the eradication of
human trafficking in New York in 1950 paved the way for the enactment of the
SITA law in 1956. In actuality, SITA is hardly frequently utilised. [6]
The Indian Criminal Code (IPC), which
precedes the SITA, is sometimes used to accuse sex workers of imprecise
offences like "public indecency" or "public annoyance"
without describing what these entail. The Immoral Traffic (Prevention) Act,
also known as the ITPA, replaced the previous law in 1986. Although it is
deemed unethical by the courts, prostitution is not prohibited in India.
The Supreme Court of India has recognised sex work as a profession;
although sex trafficking for monetary gain is illegal in India, voluntary sex
labour is permitted:
The Supreme Court of India recently
stated that police harassment of sex workers is inappropriate since "sex
work is a profession" like any other.
“Sex workers have a legal right to
equal protection. Criminal law must always be applied uniformly, regardless of
"age" and "consent." The court has ruled that if a sex
worker is a consenting adult, the police should not interfere or initiate any
legal action against them.[7]
The court's decision is significant because it upholds the worth of sex
workers. It will make it possible for sex workers to utilise the same services
and advantages as other citizens.
It should be noted that while
prostitution and sex work are both permitted in India, trafficking for sexual
exploitation is against the law. The Indian Criminal Code (IPC) and the Immoral
Trafficking Prevention Act both have penalties for sex work as an organised
trade, which includes pimping, soliciting, exploitation, and renting out
premises for sex work (ITPA).
Despite the good intentions of the
court orders, advocates have noted that they can also be harmful for sex
workers, such as leaving young children with their mothers in brothels. In
spite of the fact that sex work is legal in India, it is difficult for any sex
workers or prostitutes to engage in their trade, and they risk being arrested
for client solicitation. Like to other socially forbidden occupations, there is
some ambiguity and uncertainty when practising it.
When the court intended to issue
orders, Additional Solicitor General Jayant Sud told the court that the
government was working on a draught anti-trafficking statute. A number of
progressive provisions for preventing trafficking and rehabilitating sex
workers are included in the Trafficking in People (Prevention, Care and
Rehabilitation) Bill, 2022. The proposal was made five years ago.[8]
The court raised concerns about the
prolonged delay in passing the bill and pointed out that sex workers are a
marginalized group that has been neglected and ignored by society.[9]
The court highlighted that sex workers are often treated in an inhumane manner
and do not receive basic human treatment.
As per Section 2(f) of the Immoral
Trafficking Act (1956), "prostitution" is defined as the act of
sexually exploiting or abusing any individual for commercial purposes.
Prostitution is covered in Sections 372 and 373 of the Indian Criminal Code of
1860, but exclusively with regard to child prostitution. Although the IPC's
Sections 366A, 366B, and 370A separately deal with the punishment of crimes
involving the procreation of minor girls, the importation of girls for
intercourse from abroad, and the exploitation of trafficking individuals.
Hence, there are few prostitution-related laws under the IPC.
According to Section 2(a) of the ITPA
Act, any place or portion of a place, including a house, room, conveyance or
other location, which is used for the sexual exploitation or abuse of
individuals for the benefit of another person or for the mutual benefit of two
or more prostitutes is defined as a "brothel" and considered illegal.
Maintaining a brothel (Section 3), surviving off the proceeds of sex work
(Section 4), or obtaining, persuading, or detaining someone for prostitution
(Section 5 & Section 6) When minors are involved in the offence, the
penalties are more severe (under age of 18 years), Police personnel tasked with
enforcing the Act locally (Special Police Officers) as well as nationally
(Trafficking Police Officers) are given special powers (Section 13) to raid,
rescue, and search properties suspected of being brothels (Section 1 of the
Act). Prostitution in areas notified by the police and close to public places
(Section 7) and soliciting (Section 8) are both cognizable offences, meaning
police do not need a warrant (Sections 16, 17, 18 & Section 20). For
"rescued" sex workers, the Act offers institutional rehabilitation.
(19, 21, 23, & ITPA State Regulations).[10]
The Suppression of Immoral Traffic in
Women and Children Act, 1956 (SITA) was enacted on December 30, 1956, across
India to address the issue of immoral trafficking in women and children, in
line with the United Nations International Convention for the "Suppression
of Women in Traffic in People and of the Exploitation of Others." The
Immoral Traffic (Prevention) Act of 1956 was subsequently amended, including
changes to its preamble and name, to cover all provisions related to
prostitution.
Although prostitution as a profession
is not specifically criminal in Indian law, a number of related behaviours are,
and they are all punished under Indian law. These rules are covered under the
1956 Immoral Traffic (Prevention) Act.
The fundamental rights are guaranteed
by our Indian Constitution to all people, including sex workers, who are
consequently qualified to exercise those rights.
The case made clear that a prostitute
has access to the right to life guaranteed by Article 21 of the Indian
Constitution. Budhadev Karmaskar, the defendant in this case, was found guilty
of killing a sex worker in Kolkata in 1999. The court went on to say that a
woman engages in prostitution out of necessity rather than enjoyment.[11]
The Indian Constitution outlines
essential rights in Articles 12 through 32, which are modeled after the Bill of
Rights in the U.S. Constitution but provide more detailed language. These
rights include equal treatment for all individuals under Article 15, a
prohibition on human trafficking and slavery under Article 23, and a ban on
employing minors in dangerous work under Article 24. Notably, the fundamental
rights in the Indian Constitution are considered positive rights because they
can be enforced through legal means. Additionally, the Constitution includes a
set of objectives for the government to strive towards.
The Indian Constitution includes a
set of desirable objectives for the government, such as providing adequate means
of subsistence, ensuring a clean environment, protecting citizens, especially
children, from abuse, promoting the right to work, and ensuring fair and humane
working conditions. While these goals are not legally enforceable, recent court
decisions suggest that the Indian legal system is becoming more attuned to
them, particularly with the incorporation of public interest litigation (PIL)
as a new aspect of the judicial process.[12]
PIL has allowed for greater consideration of public interests and concerns in
court proceedings, indicating a growing sensitivity towards the government's
non-enforceable objectives.
The Indian government has enacted
legislation to address issues faced by marginalized communities based on
religion, race, gender, and socio-economic status. Such laws include the
Minimum Wages Act, Code of Criminal Procedure, Scheduled Castes and Scheduled
Tribes Act, Bonded Labour Abolition Act, Child Labour Act, Protection of Civil
Rights Act, Protection of Human Rights Act, National Commission for Women Act,
and relevant sections of the Indian Penal Code. These laws provide additional
protections for human rights and address problems such as poverty, prejudice,
child exploitation, slavery, and women's rights.
The DMSC is a forum of about 40,000 sex
workers centred in the state of West Bengal that was established in July 1995.
Its purpose is to forge bonds of support and build up the collective power of a
wider group of sex workers.[13]
The All India Institute of Hygiene and Public Health, a government organisation
that conducts health research and training, in conjunction with other
organisations, launched an STD/HIV intervention programme in the Sonagachi
red-light district of Calcutta in 1992; many neighbourhood Non-profits.
Another significant organisation is
SANGRAM, which was established in 1992 and has grown into two sizable
collectives of women engaged in sex work, each with between 2000 and 3000
members. SANGRAM's primary objective, like the DMSC in West Bengal, was
primarily to develop a long-lasting response to the HIV pandemic by recognising
women engaged in sex work as individuals with the capacity to change their
circumstances.[14] SANGRAM
thought that sex workers might influence change for both the community and for
themselves. SANGRAM started
a peer education programme in which women in the sex industry served as peer
educators.
7.
IF LEGAL STATUS IS PROVIDED TO
PROSTITUION AND SEX WORKERS THEN WHY IT IS CARRIED OUT IN THE DARK?
Prostitution is included by the
Indian Criminal Code of 1860, however its main focus is on kidnapping and child
prostitution. According to Sections 372 and 373, it is illegal to purchase,
sell, or import minors for prostitution.
This Act does not outright forbid or
criminalise prostitution or the job of sex workers, but it does make certain
related behaviours illegal. It is challenging for the sex workers to engage in
prostitution because all the third parties involved in this industry are
subject to punishment. According to me, this Act blatantly violates Articles 19
and 14 of the Indian Constitution by making it difficult for sex workers to
practise their trade without worrying about getting detected.
Article 23(1) of the Indian
Constitution forbids the use of beggars and other similar forms of forced
labour, and any violation of this rule is a crime punishable in accordance with
Article 23's laws (2).
Instead than monitoring unethical
human trafficking, it appears that the ITPA is more concerned with ending
prostitution. Such regulations have only made life for sex workers more
challenging, vulnerable, and hazardous. This is a very incorrect approach to
this profession; rather than making their lives easier, the government has
actually made them more difficult. With the use of laws, no nation has been
able to end prostitution.[15]
Imagine for a moment that there are
no regulations that ban sex workers from seeking clients. Without worrying
about being apprehended by authorities, she can speak with the client in
public. Here, the woman
is secure and free to contact the authorities if something goes wrong, whether
it be a client's use of force or failure to pay her professional fees.
But here we are in reality, where
laws are limiting. By enacting these regulations, the system has created a fear
of punishment in the clients. To escape the authorities, clients prefer to meet
the sex worker in a private, isolated location rather than in a public setting.
In these conditions, it would be quite simple for the client to commit a crime.
8.
CONCLUSION: WHETHER LEGALIZING
PROSTITUION IN INDIA CAN BE A WAY TO A BRIGTER FUTURE?
In modern society, some people hold
the opinion that prostitution is a vice in and of itself, while others openly
support its acceptance in society. As a result, it can be viewed both ways.
Although there are differing opinions on prostitution, one fact that cannot be
disputed is that sex workers often face sexual abuse and violence from their
procurers and clients. Legalizing prostitution could potentially offer protection
to these individuals from such exploitation and violence. Illegal prostitution
may force sex workers to engage in sexual activity without proper protection,
but decriminalization can allow the state to regulate the industry and enforce
the use of condoms and other forms of protection, as sex work is subject to
various health risks.
Legalizing prostitution can enable
the government to establish regulations regarding minimum earnings, age
requirements for prostitutes, and necessary medical facilities. This can help
sex workers exercise their rights, such as equal opportunities to educate their
children, access to medical care, and the ability to speak out against rape,
violence, and exploitation. In countries like India, where there is a large
population and limited employment opportunities, some women turn to
prostitution as a means of earning a livelihood. Lack of education and
awareness also contribute to the growth of the industry. By allowing
prostitution, the state will be able to provide the sex workers with the
fundamental education and training they need to learn skills that will help
them generate income, such as weaving, sewing, knitting, painting, and other
crafts. The government will be able to keep track of the amount of sex workers
in our nation, which is another significant benefit of legalising it. So that
the government can create new strategies for the benefit of society and the
protection of sex workers.
So, rather than opposing this
industry, we should defend sex workers by passing regulations that are in their
best interests. They will undoubtedly receive all the privileges they require
as a result. According
to labour legislation, they should have the same freedom to organise as any
other profession. Only until prostitution in its entirety is legalised will sex
workers be able to take advantage of these privileges.
In the case, the highest court ruled
that sex workers are entitled to a life of dignity because they are also
people. The meaning of the word "life" in Article 21 of the Constitution
is well established thanks to a number of court decisions, and it does not
merely refer to an animal life.
The advantages of legalising
prostitution are listed below:
A.
Improvement
in working conditions for sex workers: It is obvious that countries that have
legalised it have only contributed to the workers' conditions getting better.
According to a study done in nations where prostitution is legalised, there has
been a significant decrease in violence and the spread of illness.
B.
Decrease
in trafficking: The main worry of legalising prostitution is that it will
result in a rise in human trafficking. If prostitution is legalised without
constraints like criminalising the third parties involved in it, I would argue
the outcomes will be the opposite. To ensure that there are no instances of
prostitution-related trafficking, the government must actively engage the
community. Since legalising prostitution, Newland is a shining example of a
place that has succeeded in achieving its goal of having no cases of
trafficking.
C.
Empowerment
of Sex Workers: The legalisation of prostitution will give sex workers more
authority. When their rights are violated, they will have the confidence to
confront the police. As a result, when sex workers go to the police station to
report a rape or a client who doesn't pay their fees, they find that the police
don't take them seriously since they are aware that prostitution is not a
legitimate profession and that it is still frowned upon in society.
D.
Benefits
in health of sex workers: The legalisation of prostitution will allow sex
workers live healthier lives, which will improve their health. Legalization
will support the sex worker in her struggle to exclusively engage in safer sex,
which includes intercourse with condoms or other forms of protection.
Legalization will make it easier for sex workers to undergo routine testing for
both their own safety and the protection of the client. This will aid in
lowering STD rates. Every month, sex workers in Nevada undergo testing for
sexually transmitted diseases. Nevada also requires condoms for all sex in
brothels.
E.
Income
through tax not bribe: In the event that prostitution is legalised, taxes
rather than kickbacks will be accepted as payment. It will be regarded as a
career where individuals labour to support themselves, similar to any other
profession. The culture of bribery is well known to us all. Sex workers must
regularly pay bribes in order to work. According to Dennis Hof, "If a
consumer has an option between a legitimate company location and an illegal
criminal enterprise, he will choose the legal location. He does so because he
is aware that there aren't any problems there ready to happen. It will also
bring in money.
F.
Decrease
in minors' involvement in prostitution: With legalisation, both trafficking and
minor involvement will decline. Every sex worker will need a licence, which
will aid in keeping the government's records up to date. No one under a
specific age or without a licence will be permitted to work.
G.
Decrease
in rape cases: Several studies have shown that legalising prostitution
significantly reduces the number of rape cases. It substantially lowers the
number of rape cases. The number of rape cases in Rhodes Island decreased to 39
when prostitution was made legal.
H.
Right
to Choice: The sex worker will have the freedom to decide who to offer their
services to. The sex worker will also have the freedom to select the client,
much as how advocates are free to choose the cases they wish to take on. Now
that there are restrictions, they encounter violent clients and are without
options or recourse.
[1] Bebel, August, Women In The Past,
Present And Future, San Francisco International Publishing Co.1897.
[2] Jordar, Biswanath, Prostitution in
Historical and Modern Perspective, Inter India Publication, New Delhi, 1984.
[3] Karmakar, Sumati, Red Light Area:
Social Environment of Sex Workers’, Dominant Publishers and Distributers,
Delhi, 2001.
[5] Mukherji, K. K., Child
Prostitution in India, GNK, Ghaziabad, 1997.
[6] Mukherji K. K. and Deepa Das,
Prostitution in Metropolitan Cities of India, A Study by: Central Social
Welfare Board, Samaj Bhavan, New Delhi.
[7] Moushumi Das Gupta and Bhadra
Sinha. ‘Consenting’ adult sex workers should not be arrested: SC panel.
Hindustan Times.
https://www.hindustantimes.com/india/adult-sex-worker-participating-with-consent-should-not-be-arrested-sc/story-plLs1o0QIcPRMqNjmz2PPM.html.
14.02.16.
[8]Prachi Darji. Prostitution in
India. MY ADVO.
https://www.myadvo.in/blog/prostitution-in-india-read-its-causes-legality-and-law/.
12.09.19.
[9]Meyar, J. J., Sexual Life in
Ancient India, Life Span Publishers and Distributors, Delhi, 2015.
[10] Dr. Smt. Sarode, S. R., Role of Prostitutes
in Ancient Indian Culture, SOUVENIR (Women Empowerment), Vol. II, Nov.2011,
ISBN 978-81- 922414-0-1, PP.394-95.
[11] Budhadev Karmaskar v. State of
West Bengal, 2007.
[12] Constitution of India, Preamble.
[13] Protection of Civil Rights Act,
1955; Protection of Human Rights Act, 1993; Indian Penal Code, 1860; Scheduled
Castes and Scheduled Tribes Act, 1989; Bonded Labour Abolition Act, 1976; Child
Labour Act, 1976; Minimum Wages Act, 1948; Code of Criminal Procedure, 1973;
and Immoral Traffic (Prevention) Act, 1956. Published in Bare Acts with Short
Notes (New Delhi: Universal Law, 1999).
[14] See National Human Rights
Commission, Annual Report 1996-97 (New Delhi: NHRC, 1997).
[15] Sampada Grameen Mahila Sanstha, Of
Veshya, Whores, Vamps, and Women (Sangli, India: SANGRAM, 1999).