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The legal status of prostitution in India is vague and very perplexing. In the Indian Constitution, the practice of prostitution isn't completely illegal but it has a lot of limitations and restrictions that make it almost impossible to carry out this profession legally.
Prostitution is the practice of business where individuals take part in sexual activity in exchange for money. The person who takes part in this profession is called a prostitute. In our society, prostitutes are ostracized because of the customs/culture that go against selling their bodies. However, some are against prostitution because they see it as a type of abuse against women.
Nevertheless, is it right for us to take away the right to practice a profession from anyone? The answer to this question lies in The Immoral Traffic (Prevention) ACT, 1956.
Section 2(f) of The Immoral Trafficking Traffic Act, 1956 defines prostitution as sexual exploitation or misuse of any individual for any business purpose. Indian Penal Code also has some sections related to prostitution (Section 366A, 366B, 370A) but it only deals with punishments regarding child prostitution.
In Budhadev Karmaskar vs. the State of West Bengal, the Hon'ble Supreme Court stated that the right to life mentioned under Article 21 of the Indian Constitution is given to every Indian citizen, including the prostitutes. Moreover, the Court also directed the Central Government and the State Government to help these individuals by providing vocational training across the whole country.
The profession itself is not illegal. However, there are other aspects that make it almost impossible. Any room or house cannot be used for prostitution. Section 3 of The Immoral Traffic (Prevention) Act, 1956 prescribes punishment for keeping a brothel or providing premises for prostitution. Moreover, the Act also punishes anyone who lives on the earnings of prostitution (Section 4).
The Act also intends to penalize all the middlemen, pimps, and traffickers. Section 5 makes the act of procuring, inducing, or taking a person for carrying out prostitution illegal. Additionally, Section 6 penalizes any person who detains a prostitute in the brothel. It is also illegal to carry out prostitution in the vicinity of public places (Section 7).
Apart from brothel owners and pimps, there are certain restrictions on prostitutes as well. A sex worker is legally prohibited to invite someone or even do certain gestures that can seduce a person. Section 8 of The Immoral Traffic (Prevention) Act, 1956 penalizes anyone for soliciting any individual for the purpose of prostitution.
In a nutshell, the act of prostitution is very much legal. However, one cannot become a pimp or a brothel owner. The establishments such as brothels are declared to be illegal to prevent any human trafficking that happens due to prostitution. Our legal system believes in giving the right to choose to every individual but there are many people who use these rights to harass and misuse other people. Thus, it becomes essential to restrict the profession, especially until the issue of human trafficking is reduced.
For a more detailed understanding, refer to the" Budhadev Karmaskar v. State of West Bengal" case study by clicking the case below.