Prostitution in India: The Existing Position

As per Immoral Trafficking (Prevention) Act, 1956, prostitution means “the sexual exploitation or abuse of persons for commercial purposes or for consideration in money or in any other kind, and the expression ‘prostitute’ shall be construed accordingly.” However, it is to be noted that the act doesn’t criminalize prostitution in India per se. It only criminalizes the following:

• Prostitution in brothels; i.e., any place where two or more prostitutes practice their trade or a single prostitute practices her trade for the gain of another person.
• Living on the earnings of a prostitute with a rebuttable presumption that any adult habitually in the company of a prostitute is living on her earnings.
• Prostitution in the vicinity of a public place.
• Soliciting clients in a public place.
• All kinds of trafficking, explicit or implicit, for the purpose of prostitution.

The most controversial provision in the act, however, is the one providing for removal of prostitutes from any place, whatsoever, in general public interest. An executive magistrate can order such removal within his local jurisdiction — it is to be noted that police officers are often given the powers of executive magistrates.

It is clearly emerging from the above that prostitutes, irrespective of their mode of practice, are considered out-castes. Their interactions with the community are highly restricted. There is hardly any chance for them to interact with people other than those from their own profession, for anybody seen habitually with a prostitute runs the risk of being called her parasite and thus a criminal. They also can’t form partnerships or freely solicit clients, restricting their practice of profession as well.

Prostitution in India: Industralization Attempt

There are already talks to amend the act. A bill was also introduced in 2006, but it lapsed without passing. The bill deleted the provisions putting restrictions on soliciting clients and for removal of prostitutes. Section 20 of the act providing for removal of prostitutes is, indeed, extremely derogatory. A prostitute without being termed a criminal is, nevertheless, being treated like one. She is being left at the mercy of the community to be accepted as a regular resident/citizen, which, more often than not, is denied. Thus prostitutes tend to congregate and live their limited existence in ghettos like G. B. Road, Sonagachi, Kamathipura, etc. The community conveniently designate these areas as “red-light” areas — or, should we say the law regularized the derogatory practice of the society. So, the amendment deleting this provision was certainly welcome.

However, the other amendment deleting Section 8 of the act providing for restrictions on soliciting clients in a public place was not welcome. The solicitation of clients for the purpose of prostitution would obviously not be decent because the society doesn’t consider sex per se a decent activity. The solicitation of clients for paid sex would naturally tend to be indecent too. Who will ever go to a prostitute wearing black robe with wide collars? The solicitation of clients by prostitutes is a tricky issue. Some kind of official list of licensed prostitutes with contact details for further private communication is probably the best way to advertise prostitution.

However, the pro-prostitution proponents want more freedom for prostitutes. They would like them to form partnerships, appoint pimps and managers, and open licensed brothels. There are certainly some very ulterior motives involved in such an advocacy. There are people who don’t only want to earn profits but also want to use women as currency.

The Need For Resistance

The motives of prostitution industry advocates are clear from the kinds of debates they hold in media. They keep terming prostitution as illegal — which it is not — and, in disguise of giving dignity to prostitutes, they want to run industries with women as labor, capital and products, all at the same time. They want to make rape an industry.

The present BJP government was expected to help them in their motives. But, it will happen so soon, wasn’t expected. I would say this debate has thrown up a very serious challenge for the true women rights activists. They have to guard against any attempt of the present government to legalize any kind of trafficking and/or industrialization of women. The status quo wrt provisions restricting formation of partnerships or even free associations will have to be maintained as an abundant caution.

My view is that prostitution per se is not worth aspiring for. In fact, no profession exploiting manual labor, however skillful, can compete with knowledge and intellect intensive professions. Prostitution has an added disincentive of abnormality. Marriage is a normal societal behavior for people. Prostitution and marriage don’t gel together. I personally am not a pro-marriage person, but elsewhere I have said that a prostitute has every right to get married like normal girls but only after leaving the profession, and, here, I reiterate it.