Why Prostitution Should Not Be Legalized in India

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The legalization of prostitution would not be the best way to solve the problems of prostitutes. But some changes in current legislation and policy would make a significant difference in their lives. This would help them get out of the pit they have to fall into and which are trapped for years. The government and the legislature play an important role in this process. The question that arises from this topic above is whether selling our bodies or sex work is ethical work? If we legalize it, what will happen to social morality? The answer to the same question is that they are not. In the 20th century, prostitution was an illegal act that, if decriminalized, would benefit and support sex workers and society. Decriminalizing prostitution is good for the economic benefit of under-resourced governments around the world. In India, activities such as advertising or any other form of organized prostitution are illegal. But it is difficult to determine its rate, because it is a profession that operates secretly. Although the operation of a brothel is illegal in India, the government still makes little effort to investigate and dismantle it. But there are certain laws that keep them under control. In India, reformatories have been set up to rescue prostituted women, but these themselves require several corrections before helping these women. Reformatories are defined in section 21 of the Immoral Movement Prevention Act, under which the Government has the power to detain a woman in sex work against her will for a specified period in the reformatory.

In a Dutch study, it was found that about 40% of women in legal prostitution are exposed to sexual violence, and a similar percentage is estimated for women forced into business. In addition, about 70% have been threatened with physical violence and 60% of them have even been attacked. Inadequacies of reformatory (reformatory and rehabilitative) homes established under the Act. These facilities are overcrowded and unable to cope with the huge number of people convicted of prostitution in ITPA cases. Vocational training courses and vocational education programmes should be made mandatory in reception centres, and guidance on redefining prisoners as human survivors should be provided; And subsidized shelters and nursing homes must be set up to accommodate women who have been released from reformatories. The goal of decriminalization is to hold brothel owners accountable rather than sex workers.[xvi] The Supreme Court stated: “Any sex worker who is a victim of sexual assault should be afforded all facilities available to a survivor of sexual assault, including immediate medical assistance.” Private prostitution is not illegal in India, but encouraging it, doing it publicly and owning a brothel is illegal. Despite the illegality of public prostitution, an India Today article noted that law enforcement is lax as places like GB Road are operating. 1. Legalization protects minors. According to proposals from various studies conducted around the world, it can be estimated that up to 10 million children are involved in prostitution worldwide.

Child prostitution exists in all countries, regardless of their level of economic development; The problem can be observed in its severity in Asia and South America. By legalizing prostitution and taking strict measures to regulate it, we can ensure that minors are removed from the profession, thereby protecting their rights and confirming their safety. 2. Regular medical examinations will reduce the spread of sexually transmitted diseases. Regulation of prostitution would include regular medical examinations of sex workers and the provision of adequate birth control tools, thereby reducing the risk of transmission of STDs from workers to clients and vice versa. It will promote cleaner working conditions and thus make the process healthier and safer, which will benefit both parties involved and society. In 1998, a study conducted in Australia found that the prevalence of sexually transmitted bacterial infections was 80 times higher among 63 illegal prostitutes than among 753 prostitutes working in legal brothels. In Singapore`s brothels, each client receives condoms as well as the opportunity to shower before and after the session.

Prostitutes are required to keep health cards, which must be up to date. If a prostitute tests positive for a sexually transmitted disease or infection, she is immediately asked to stop providing services. The brothels have also put in place various measures to ensure the safety of both parties. 3.It will reduce the number of rapes and other sexual assaults. With a legal and simpler alternative, people who want to satisfy their sexual needs will resort to prostitutes instead of committing heinous crimes such as rape for the same purpose. With the closure of brothels in 1959, Queensland saw a 149% increase in the rate of rape. 4. Elimination of pimps and middlemen.

The legalization of prostitution will lead to a systematic reassessment of the industry. The service of pimps and middlemen will no longer be necessary, leading to a decrease in criminal behaviour and an increase in the wages of sex workers. 5. Elimination of forced prostitution. After decriminalization, the entire industry will fall under legal control, allowing law enforcement to uncover cases of forced prostitution and help its victims. All the “clients” who visit sex workers have no criminal record or tend to attack them, most of them are normal men with no criminal record and they would not want to give themselves up to someone they know or suspect of not wanting to do. As for the question of the recognition of those who are forced into the meat trade and those who are not, the present unfortunate system makes it impossible to determine the will. An existing legal system would control criminal behaviour and significantly reduce trafficking and slavery of women and children. 6. Taxation.

Prostitution in India is an industry worth about $8.4 billion. Legalization and income taxation like any other business will incentivize the government and make it easier for it to conduct regular medical examinations and protect the rights of those who work in the profession. 7. Right to use the body voluntarily. Every human being has the right to use his body according to his will. To portray it as morally reprehensible now shows anything but a distorted value system. If a person finds prostitution bad, it is perfectly acceptable for them to stay away. No one has the right to force one person to adhere to the moral standards of another. It can be said that prostitution is not oppressive, it is the way it is practiced by some people that makes it oppressive.

8. The police can then do a better job. If prostitution is legalized and regulated, the government will save excessive spending on police, prisons, etc., making it easier to divert police resources to bigger problems. 9. No inconvenience. Alcohol, drugs, weed, etc. are prohibited, as they pose a serious threat to a person`s health. But, unlike them, prostitution does not harm a person physically or mentally, which is why a ban is not justified.

10. The rights of workers shall be protected. Regulated prostitution protects the rights of sex workers. If a sex worker is sexually assaulted or if the agreed dues are not paid, she has the right to complain and make amends. Conclusion In light of the above points, we would therefore like to summarize our problems with the following points. Criminalizing prostitution, including other things surrounding sex work, is not the real solution. Sex trafficking is here to stay, and by recognizing it as a legitimate form of work, everyone involved can get guaranteed benefits. This would effectively reduce the burden on the government with respect to the implementation of anti-prostitution laws and the payment of additional law enforcement agencies. In addition, countries would increase their revenues through taxes, foreign exchange and a higher employment rate. Countries would also ensure a safe environment for their populations, as sex workers must undergo medical testing and receive appropriate medical care.

Most importantly, legalizing prostitution would protect the rights of sex workers and give them the chance to live the normal lives they deserve. But, of course, it would only be much better if the government legalized prostitution because it gave sex workers rights and protections in their work. References: 1.RupamLalHowlder,Uniform Civil Code Towards Gender Justice,Retrieved from:www.legalservicesindia.com/article/uniform-civil-code-towards-gender-justice-1832-1.html 2.

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