Prostitution is legal ?

 Prostitution is Legal?

Prostitution is the practice of engaging in sexual activity for money but not with a spouse or a friend.  Prostitution is illegal in many countries, it is considered against humanity. Such a career is considered vulgar and is shamed upon.  

India from its ancient times is considered to be religious and of a traditional mindset. India respects its morals and values, it is also very strict with it but it is shocking to state that prostitution is considered legal. In 1950, the government of India ratified the International Convention for Suppression of Immoral Traffic in Persons and Exploitation of the Prostitution of others.  After 6 years the country passed the Suppression of Immoral Traffic in Women and Girls act. In 1986, the act was amended which resulted in an Immoral Traffic Prevention act known as PITA.

 Before explaining the sections it is equally important to understand the difference between trafficking and prostitution. Trafficking is considered a process of commercial sexual exploitation. Trafficking is means a process of recruiting, contracting, procuring, or hiring a person for commercial purposes therefore trafficking is different from prostitution. Even though the terms are different but still this act covers prostitution. The act defines, sex workers as prostitutes, and section 7, talks about the prostitution shouldn't be carried on in public places but it doesn't say directly that prostitution is legal. 

Prostitution might be legal but other activities are illegal in Indian law. Under IPC, there are certain provisions such as soliciting services of prostitution at public places, carrying out prostitution activities in hotels, being the owner of a brothel, pimping, indulging in prostitution by arranging a sex worker, and arrangement of a sexual act with a customer.

Prostitution might be legal but these restrictions are somewhere a problem for prostitutes.  PITA's constitution was validity was questioned in the court in the case of the State of Uttar Pradesh v. Kaushalaya, in this case, prostitutes were asked to remove from their place to maintain peace in the city of Kanpur. It was held by the High Court, that pronouncement that section 20 of act abridged the article 14 and sub-clauses d and e of article 19 of the Indian Constitution. The act was held to be constitutionally valid. 

There was one more case, which specified that prostitutes are also human and should be treated with humanity and dignity.No one should assault them this case also discuss problems related to sex workers which they suffer on daily basis.  Budhadev Karmaskar's case further talks about how these women are compelled by the situation and financial problem, they are not doing this work by will instead through force.  The court directed the government to make a few homes where they can be protected and also make provisions for various courses so that they learn new skills and knowledge to get out of this work. The Supreme court further gave power to the government to make ancillary rules for such category people.

 In the end, I would like to sum up by saying that, though India isn’t against prostitution in terms of laws, it still lacks the flexibility to be practiced, I accept that this work might not be praised but one should understand that it is work done women to survive in this brutal world. People should change their mindset and take this as a profession.