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Is prostitution legal?

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The Prostitution in India is a subject of debate that has encroached on the legal, social, and human rights. New orders from the Supreme Court of India have brought into focus the changing legal landscape around this intricate matter. In this article, we will examine the legal status of prostitution in India, significant Supreme Court orders and sex workers at large.

The Supreme Court's Decisive Stand (May 19, 2023)

On 19th May 2023, a landmark decision by Indian Supreme Court was made which led to nationwide debates. The court stressed that sex workers should be treated with dignity and respect as they are often abused by policemen as if they were mere criminals. According to them no police officer should interrupt or arrest adults who willingly engage in commercial sex.

Existing Legal Framework

To fully grasp the directives of the Supreme Court it is important to know about the current framework of laws governing prostitution in India. The primary legislation dealing with this issue is Immoral Traffic (Prevention) Act, 1956 (ITPA). It aims at preventing human trafficking, immoral traffic and sexual exploitation.

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Under the ITPA:

  • Article 21 (Right to Life):
  • The Supreme Court’s guidelines established that prostitutes and their offspring should be constitutionally protected under Article 21 of India’s Constitution which guarantees Right to Life. This means they have a right to life with dignity similar to any other citizen.

  • Indian Penal Code (IPC):
  • This further complicates the legal picture as the IPC has provisions relating to prostitution and human trafficking.

Is Online Prostitution Legal in India?

The question of whether online prostitution is legal in India is a complex one. Whereas both ITPA and IPC mainly focus on physical aspects of prostitution, sex work in cyberspace presents new challenges and opportunities. Presently, there are no explicit laws in India addressing directly issues of online prostitution thereby making its legal status ambiguous. This mode brings another layer of complexity into the changing legal situation around sex work in the nation.

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Implications of the Supreme Court's Directives

The Supreme Court’s directions entail various substantial alterations regarding how prostitution is looked at and dealt with within India:

  • Equality and Dignity:
  • The Supreme Court's order sets a clear boundary on police actions, preventing unwarranted arrests and harassment of sex workers. This is the most crucial move that can reduce the misuse of power by the police force.

  • Reduced Police Harassment:
  • The Supreme Court's order sets a clear boundary on police actions, preventing unwarranted arrests and harassment of sex workers. This is a crucial step in curbing the abuse of power by law enforcement.

  • Complaint Handling:
  • These guidelines offer a fair way of dealing with complaints from sex workers as complainants but not perpetrators.

  • Access to Medical Assistance:
  • Following well-established laws and rules meant for survivors of sexual assault, they are eligible for immediate medical attention in cases of sexual abuse.

  • Protection of Children:
  • According to the Supreme Court ruling children born out of intercourse between commercial sex workers and clients should not be taken away forcefully while some assumption that all minors living with prostitutes are being trafficked is not correct.

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Prostitution in India has a complex legal status. The recent guidelines by the Supreme Court of India have emphasized on treating sex workers with dignity and respect while acknowledging their constitutional rights. Even though the legal framework is complicated, this decision by the apex court constitutes a major milestone to uplift the lives and work conditions of prostitutes across India. As debates rage on, both legal and human rights angles need to be considered towards more just and humane treatment for this highly interrelated social as well as legal problem.

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