Legalization of Prostitution in Nepal

Legalization of Prostitution in Nepal
A Seminar Paper
Submitted to:
National Law College (NaLC)
Pulchowk, Lalitpur
(Affiliated to Tribhuvan University)
[In partial fulfillment of the requirement for B.A LL.B degree]
Submitted by:
Gyaljen Lama
B.A.LL.B 3rd Year
T.U. Exam Roll No: ----------
T.U. Registration No: ---------
National Law College (NaLC)
Pulchowk, Lalitpur
PREFACE
The seminar report entitled “Legalization of Prostitution in Nepal” has been prepared for the
seminar program as per the course of study of B.A.LL.B program and conducted by National
Law College, Tribhuwan University, Nepal.
Sexual desire is inseparable need not only to human being but for all the living being in this
world. But there are so many restriction and social values regarding it especially to the
countries like Nepal where custom and culture have so much of effect even in national
legislations. Despite restriction one seeks to fulfill it one way or another and prostitution is
one of the results of it. Throughout the human civilization, prostitution always has been
presented in every society, thus taken as oldest profession. Taking this fact in record, we can
assume that prostitution will always remain as part of society in a same or other form as
present context. To regulate it a specific legislation is needed either by criminalizing or
legalizing it in Nepalese context too.
Through this paper, I the author seek whether prostitution should be legalized or not and
whether present society is ready to accept legalized prostitution in Nepal. Not only this I have
also discussed about the historical background of the prostitution, merits and demerits of it,
causes of it and I have also tired to collect the view of general people regarding legalization
of prostitution through Google poll survey and experts from diverse professional background
through interview and prepare a statistic data. I also provide some recommendations as per
the statistical data results regarding legalization of prostitution in present context of Nepal.
ACKNOWLEDGEMENT
I would like to express my deep appreciation to the college management for providing me
with the opportunity to write this seminar paper. Additionally, I would also to express my
most sincere acknowledgement to the seminar coverer Mrs. Puspa Pokharel, who have crucial
role in shaping this seminar paper since its infancy. Similarly, I would also like to convey my
gratitude and include my entire respected teachers, who have answered all my quires
regarding the topic of the paper despite of their busy schedule without any hesitation. This
seminar paper would not have gained this form in the absence of them and their guidelines
from the beginning.
Similarly I would like to express sincere acknowledgment to Adv. Meera Dhungana, Dr.
Divya Shree Malla, DIG Mingmar lama and MP Sher Bahadur Tamang for their valuable
time and knowledge without which this paper wouldn’t have been completed.
Last but not the least, I would also like to acknowledge all my friends, especially Sadiksha
Mahara who equally helped me and supported me in writing this paper. They have regularly
contributed to carry out research for this paper.
List of Abbreviations
AIDS : Acquired Immune Deficiency Syndrome
ILO : International Labor Organization
FSW : Female Sex Worker
STDs : Sexually Transmitted Diseases
MP : Member of Parliament
DIG : Deputy Inspector General

Contents
CHAPTER I ............................................................................................................................... 1
1. INTRODUCTION ............................................................................................................. 1
1.1 Background ................................................................................................................. 1
1.2 Statement of Problem .................................................................................................. 2
1.3 Objectives of the Study ............................................................................................... 2
1.4 Significance of the Study ............................................................................................ 2
1.5 Research Methodology................................................................................................ 2
1.6 Scope and Limitation of the Study .............................................................................. 3
1.7 Organization of the Study ........................................................................................... 3
CHAPTER II.............................................................................................................................. 4
2. CONCEPTUAL FRAMEWORK ON LEGALIZATION OF PROSTITUTION ............. 4
2.1 An Introduction to the Prostitution.............................................................................. 4
2.2 Causes of Prostitution.................................................................................................. 5
2.2.1 Demand for sex .................................................................................................... 5
2.2.2 Force and active recruitment ................................................................................ 6
2.2.3 State tolerating or legalizing prostitution ............................................................. 6
2.2.4 Cultural impact..................................................................................................... 6
2.3 Historical context of prostitution in world .................................................................. 6
2.4 Problems regarding Prostitution in Nepal ................................................................... 8
2.5 Reasons in favor of legalization of prostitution ........................................................ 10
2.6 Reasons against the legalization of prostitution ........................................................ 13
2.7 Approaches to legal reform of prostitution ............................................................... 17
2.7.1 Criminalization .................................................................................................. 17
2.7.2 Legalization........................................................................................................ 19
2.7.3 Decriminalization ............................................................................................... 20
2.8 Categories of prostitution offences ........................................................................... 21
2.8.1 Laws aimed at the sex worker ............................................................................ 22
2.8.2 Laws aimed at third parties ................................................................................ 22
2.8.3 Laws aimed at those who purchase commercial sex ......................................... 22
2.8.4 Other laws .......................................................................................................... 23
2.9 Unregulated regimes ................................................................................................. 23
CHAPTER III .......................................................................................................................... 24
3. LEGAL FRAMEWORK ON LEGALIZATION OF PROSTITUION ........................... 24
3.1 Laws related with sex workers .................................................................................. 24
3.1.1 International Laws ............................................................................................. 24
3.1.2 Domestic Law .................................................................................................... 29
CHAPTER IV .......................................................................................................................... 32
4. Representation of Data ..................................................................................................... 32
4.1 Data ........................................................................................................................... 32
CHAPTER V ........................................................................................................................... 36
5. FINDINGS, CONCLUSION AND RECOMMENDATIONS ........................................ 36
5.1 Findings ..................................................................................................................... 36
5.2 Conclusion................................................................................................................. 37
5.3 Recommendations ..................................................................................................... 37
Annex-I .................................................................................................................................... 39
BIBLIOGRAPHY: ................................................................................................................... 41
CHAPTER I
1. INTRODUCTION
1.1 Background
There are around 60,000 commercial sex workers in the country1 and DIG of Kathmandu
valley estimates more than 25,000 sex workers in the capital alone2. While the data indicated
that despite prostitution being illegal in Nepal, we can easily find prostitutes almost
everywhere. So, what's the point of making it illegal? Making it illegal benefits the pimps and
the government authorities who take money from the owners of the brothels. Wouldn't
legalizing prostitution make it much safer for the sex-workers and reduce the social and
health related problems related with prostitutions?
In the very beginning, in context of Nepal prostitution has not been criminalized but on other
hand it hasn’t been legalized too specifically. While Supreme Court of Nepal has interpreted
prostitution as profession “prostitution is a profession or occupation irrespective of whether
or not it is legal” 3 but that profession which doesn’t have its legal value till now.
Society can’t neglect the fact that prostitution has been part of our society since ages, it
practice in present time is growing rapidly. One group in society argues it is nearly
impossible to eradicated prostitution form society in future too and society must admit that
prostitution was in past, is in present and will be part of our society in future. So, prostitution
must be legalized. While another group argues that though prostitution was in past and exist
in present but society must not take any steps such as legalization which will open the gates
for existence of prostitution in future. Rather than legalization they favor criminalization
which will help to eradicated prostitution from society.
1
Aakrati Rayamaji, To legalize or not to legalize, THE KATHMANDU POST (10/26/2015),
http://www.ekantipur.com/the-kathmandu-post/2011/10/26/oped/to-legalise-or-not-to-legalise/227613.html
2
Interview, Nepal Police (DIG) as on 27th April 2016.
3
Supra note 1, Purna Shrestha, Prostitution and Public Health: Various Forms of Regulating Methods - An
Analysis of Current Legal Responses to Prostitution in Nepal,
http://www.childtrafficking.com/Docs/prostitute_ph_0607.pdf, visited on 05/07/2016.
1
As the status of sex worker lies in dilemma as it is a profession but profession with no legal
value till date. Now paper intends to find either it should be legalized or not, either present
society is ready to accept legalized prostitution and for what reason.
1.2 Statement of Problem

Prostitution has always been part of our society which has been taken as dark side of the
society. The side which everyone tries to avoid and many wish it to be completely eradicated
form the society. But despite of every effort it keeps on increasing instead of decreasing.
With increasing of prostitution in society various problems and crime have also increased
along with it. So to cope with these various problems, legalization of prostitution could be a
solution. But whether the society is ready to accept the prostitution and that particular society
where the pre marital physical relation is a sin is another major challenge.
1.3 Objectives of the Study

The objectives of this research are stated below:-
i. To find out whether prostitution should be legalized or not.

ii. To find out whether present society is ready to accept legalized prostitution as a part
of it.
iii. To analyze the laws relating to prostitution.
1.4 Significance of the Study

Considering the gravity and the growth of prostitution in the Nepalese society in present
context one who is responsible towards society can’t ignore prostitution and it’s various
dimension. Regarding which the research intends to find out the grounds for legalization or
not. This research also intends to answer to the one of the burning issue of present Nepal on
which one can’t find enough information regarding the context of our country. This research
intends to find out the views and ideas towards prostitution with various angles and
prospective of diverse member of society itself. So, this research will be helpful to any
concerned reader regarding this subject matter.
1.5 Research Methodology

This study is based on following methodology doctrinal, empirical and socio-legal. Where
primary source of doctrinal research are National and International laws, secondary sources
are various articles, research papers, cases, journals and news of national and international
2
countries. And for empirical and socio-legal primary sources are Google survey (poll) and
interviews and secondary sources are views, argument and suggestion of various people of
diverse background and profession. The writer has extensively followed the Bluebook
citation rules while writing the paper.
1.6 Scope and Limitation of the Study

The scope of this paper is to highlight the ground that support either prostitution should be
legalized or not in present context of Nepal. Similarly, the paper is limited only with the
voluntary (in a sense of non-trafficked) prostitutes and the research area is limited within the
Kathmandu valley. And regarding the data collection Google poll is used where all together
100 people is participated where 70 is of age group 16 -29 years, 20 is of 30-49years and
remaining 10 is of 50+. Regarding the interview each one from the medical, police force,
Member of Parliament and social activist is taken.
1.7 Organization of the Study

This seminar paper comprises of five chapters:
Chapter I deals with the introduction of the paper, which consists background, statement of
problem, objectives of the paper, significance of the paper, methodology of study, scope and
limitation and organization of study.
Chapter II deals with the conceptual framework, where it provides information on all the
details about introduction to prostitution, its evolution, cause, problems, pro and cons
aspects, prostitution offences and approaches to legal reform of legalized prostitution.
Chapter III deals with the legal framework, where different a national and international law
regarding the prostitution is studied.
Chapter IV deals with the statics and the interview taken as per the limitation.
Chapter V deals with the findings, recommendation and conclusion followed by references.
3
CHAPTER II
2. CONCEPTUAL FRAMEWORK ON LEGALIZATION OF

PROSTITUTION
2.1 An Introduction to the Prostitution

Prostitution is a means of survival for sex workers in Nepal. As sex workers, prostitutes are
ostracized by society, abused by the police and often their clients, and are deprived of many
essential services because of their occupation. 4If we look toward the history of prostitution, it
can be trace back during the times of Gods. More over in Nepal we have the Badi tribe who
had been engaged in prostitution as profession form the early age of their puberty. The
famous sage Kautilya points out prostitution as a source of states revenue in his Arthashastra,
a clear indication that prostitution was popular even in ancient times5. In present context, we
have various brothels house (illegally operated) all around the major cities of the country.
Since most of the demand for prostitution services is from heterosexual men willing to pay
women to provide such services, the majority of sex workers are female. However, smaller
numbers of male and transgender workers also exist6. This suggests that not only female but
male and transgender are also engaged in prostitution though larger partition is occupied by
female prostitution in the society.
If one has to define term prostitution one will not be wrong by defining it as “the practice of
engaging in relatively indiscriminate sexual activity in exchange for immediate payment in
money or other valuables”7. Common lewdness; whoredom; the act or practice of a woman
who permits any man who will pay her price to have sexual intercourse with her.8 Prostitution
is all about supply and demand. Demand for illicit sex is so strong that it may be the only
4
Supra note 3.
5
Supra note 1.
6
Jan Jordan, The sex industry in New Zealand: A literature review, Wellington, New Zealand Ministry of
justice, http://www.justice.govt.nz/publications/publications-archived/2005/the-sex-industry-in-new-zealand-a-
literature-review/executive-summary visited on 02/15/2016.
7
Constance Gunderson, Human Trafficking of women in Germany for the purpose of sexual exploitation, Zuric,
[2012] https://books.google.com.np/books?id=oiSq , visited on 02/13/2016.
8
The Law Dictionary, 2nd edition, http://thelawdictionary.org/prostitution/ visited on 02/13/2016.
4
consumer product that thrives without really being advertised.9 Sometimes it is also regarded
as flesh trade.
According to prostitution law in Colorado, “Prostitution means (the act of)

any person who performs, offers or agrees to perform any act of sexual
intercourse, fellatio, cunnilingus, masturbation, or anal intercourse with
any person not their spouse in exchange of money or other things of value.”
Similarly, in the Immoral traffic (Prevention) Act of India (PITA) in 1986,
prostitution “means the sexual exploitation or abuse of persons for
commercial purpose, and the expression prostitution shall be construed
accordingly.”10
With these various definitions we can conclude that it is voluntary or involuntary acts of
selling sexual service by men, women and 3rd gender with the motive to earn cash or other
valuable item. Where the definition of the Immoral traffic (Prevention) Act of India (PITA)
seems more focused on the controlling of human trafficking and involuntary sexual activities
though it has also lighten the other side of sex worker who voluntary want to engage in this
very profession.11
In the context of Nepal, absence of any specific law despite it has been defined as profession
by Supreme Court it still lacks the definition. As Nepalese legal system has neither
criminalized nor legalized or decriminalized, the status of prostitution is still controversial.
2.2 Causes of Prostitution

While discussing about the causes of prostitution mostly the thing strikes in our mind are the
poor economic condition, lack of employment opportunities, cultural practice, human
trafficking, even voluntary and many more which are not wrong. But article of Mr. Raut 12
has dealt with four reasons that help to broaden the concept on the causes of prostitution.
Those reasons are:-
2.2.1 Demand for sex

Major cause of prostitution and its increasing trend can be taken as the demand for
sex by the men, women and even 3rd gender. In fact it is a natural thing and many
developed countries have included it as a fundamental need of human beings. But
sometimes due to various reason like dissatisfaction from spouse, cultural barriers etc
9
Bibbi Abruzzini, Badi Women: Is There A Life Beyond Prostitution, VOL. 07 NO. - 04 July 2013,
http://www.spotlightnepal.com/News/Article/Badi-women visited on 02/13/2016.
10
Balaram Raut, Legislative Approaches to Prostitution: Legalizing or Decriminalizing For Nepal, NEPAL
LAW JOURNAL, Vol. 9, No.1 [2015] at 189.
11
Id.
12
Supra note 10 at 190.
5
leads person towards the service of prostitute which have caused as well as increased
the prostitution in the society.
2.2.2 Force and active recruitment

Prostitute are actively recruited by traffickers, pimps, brothels owners organized
members and corrupt officials. Due to which prostitute are forced to engage in flesh
trade. One of the best examples is Nepalese girls found in the brothels house of India.
2.2.3 State tolerating or legalizing prostitution

The states that have legalized the prostitution are also the cause of prostitution.
County like Germany, New Zealand, Bangladesh, France etc are some that have
legalized the prostitution. These types of legalization by the nation are also the causes
of prostitution.
2.2.4 Cultural impact

With the development in the communication sector, the mass media like TV and
internet have portrayed prostitution as a glamorous way to earn to famous and earn
easy and quick money. Archana Paneru a Nepali teen girl who claim to be inspired
by Sunny Leone and wants to be a future porn star is example of cultural impact that
causes the prostitution and even helps in its development.
As Nepal has not legalized the prostitution till date, but the causes like demand for sex, force
recruitment and cultural impact are major reason and beside these poverty, unemployment,
illiteracy are also other major reason that have caused the development of prostitution in
Nepal.
2.3 Historical context of prostitution in world

Only a few of the examples have been documented over the course of nearly 4000 years.
Some of them are ancient Greeks, where all forms of prostitution flourished, and where
upper-class prostitutes frequently attained prominence as highly cultured companions of
powerful Greek citizens. But these prostitutes were refused the status of wife and to ensure
6
the affirmation of legitimacy for Greek society, thus ensuring that the bad women - good
women, today more popularly known as the whore- Madonna.13
Tolerance regarding prostitution took on a functional character when once Christianity was
firmly established. Religious leader like Augustine and St. Thomas Aquinas urged on the
grounds that prostitution, an admittedly troublesome social phenomena, nonetheless served a
basic need, which left unmet would lead to greater harm than prostitution itself14. Comparing
prostitution with sewer of a palace, St. Thomas Aquinas argues, “If the sewer was removed,
the palace would be filled with pollution; similarly if prostitution was removed the world
would be filled with sodomy and other crimes.”15
But this tolerance was replaced by movements to abolish the prostitution. Like, when martin
Luther king advocated the abolition of prostitution in moral grounds. This Lutheran thinking
came and prevails in 16th century in Europe and all the pretense of tolerance disappeared.
Lutheran sexual morality decreed chastity for all, promiscuity for none.16 Prostitution
embodies moral degeneracy, and the moral outrage against promiscuity becomes the focus in
all effort to get rid of it. Most of these were based on Christian moral objection to sexual
promiscuity, as they were for Luther. Other attempts to get rid o prostitution cited links
between sexual promiscuity and threat to the public health like the plague and AIDS.
However on the closer examination, these public health arguments are revealed as religiously
informed, moral condemnations of promiscuity17.
With the feminist movement in the United States during 19th century gave women an
opportunity to voice their opinions about the prostitution. By the middle of the 19 th century
concerns about the prostitution linked to either inequality or chastity. Though there was not
uniform voice where some women activists called for the eradication of prostitution by citing
the moral degeneracy of male promiscuity where other urged society give prostitution
legitimacy as an expression of female sexuality outside the marriage, some even argued
suppressing prostitution was a threat to free love and to a women’s ability to exercise sexual
13
Annetette Jolin, On the Backs of working prostitute: Feminist Theory and Prostitution Policy, Crime &
Delinquency, Vol. 40 No.1, Sage publication Inc. Portland, 1994 at 69 – 83,
http://myweb.dal.ca/mgoodyea/files/On%20the%20backs%20of%20working%20prostitutes%20Jolin%20Crime
%20and%20Delinquency%201994%2040(1).pdf, visited on 01/07/2016.
14
Id.
15
Id.
16
17
Supra note 12.
7
and economic choice18. There is always the clash between the eradication and legalization of
prostitution in the society.
While in early 20th century world enters into the chaos of war, however to control the
prostitution during World War I, U.S. developed a program named American plan in colonial
Philippines where military was allowed to arrest and perform the health check up of any
women found within five miles of military base and if found infected they were either sent to
hospital or farms until cured.19 During World War II, Japanese military forced Korean and
Chinese women into forced prostitution during their invasion across East Asia and Southeast
Asia.20 During the late 20th century with the advancement in technology and globalization sex
tourism began to flourish in the world, following which in 21st century too the world is
battling in favor and against the prostitution. Where some have legalized few have
decimalized and many are still criminalizing prostitution. Different argument, laws, policies,
articles etc regarding sex worker can be seen and heard.
2.4 Problems regarding Prostitution in Nepal

As Nepali society is mostly guided by religious view, prostitution in itself is considered as
one of the problems in Nepalese society. It is considers as a taboo and neither it is treated as a
profession but as the act against the morality of people21. Although the law has not expressly
criminalized voluntary sex work, female sex workers (FSW) have been tortured and abused
by police and quasi-judicial bodies. Police personnel commonly arrest FSW, accuse them of
disturbing the peace or demonstrating obscenity and prosecute them under the Some Public
(Offence and Punishment) Act.22
Many Nepalese women are trafficked into the brothels of India, specifically Mumbai and
Kolkata. According to the Study conducted by ILO around 12,000 Nepalese women are
trafficked out of Nepal every year. Out of these 5,000 - 7,000 of them are being trafficked to
18
19
Ruth Rosen, The Lost Sisterhood; Prostitution in America, 1900-1918, JHU Press at 35.
20
The Shosun llbo (English edition), Comfort Women Were 'Raped': U.S. Ambassador to Japan, Mar 09 2007,
https://web.archive.org/web/20090627070105/http://english.chosun.com:80/w21data/html/news/200703/200703
190023.html, visited on 05/07/2016.
21
22
Some Public (Offence and Punishment) Act, 2027 § 2 and 3 (2066).
8
India annually. Nepalese social workers estimate the number of Nepalese girls and women
working in Indian brothels are at about 200,000.23
But the facts that hundreds and thousands of sex worker are engage in this profession and
they on daily basis face various kind of problems. In South Africa, police routinely refuse to
even pursue rape cases involving sex workers or laugh at victims when victims come
forward24. In Philadelphia, Judge Teresa Carr-Deni called gang-rape of a sex worker at
gunpoint "theft of services" and refused to allow prosecution to press aggravated sexual
assault charges25. Likewise one of major problem faced by prostitute in Nepal are same as in
Philadelphia and South Africa due to which many sex worker who are raped don’t come
forward and these crimes keeps on increasing.
Even though prostitution is a crime in Nepal, prostitutes or sex workers, both female and
male, repeatedly faced harassment, abuse and torture from the law enforcement agencies,
especially by police and quasi-judicial bodies. A study revealed that 89 percent of Female
Sex Worers have been harassed by the police, either in their place of working or at police
stations. Police routinely arrest and prosecute sex workers on charges of disturbing the peace
or demonstrating obscenity, and then physically, mentally and/or sexually abuse them whilst
in police custody. This harassment involves anything from unjustified arrest to physical,
mental or psychological abuse or extortion, and in many cases involves sexual abuse and/or
rape.26
Likewise murder of sex worker in the countries like China, Canada, United Kingdom, Iran
etc by serial killer and police abuse and violence due to the unpaid money demanded by
police officer, humiliation in custody27. Though murder case of sex worker has not been
reported in Nepal but unofficial complain regarding the police officer can be heard.
23
Purna Shrestha, Prostitution and Public Health: Various Forms of Regulating Methods - An Analysis of
Current Legal Responses to Prostitution in Nepal,
http://www.childtrafficking.com/Docs/prostitute_ph_0607.pdf, visited on 05/07/2016.
24
Kathrine Koster, 17 Facts about Sexual Violence and Sex Work, 2015
http://www.huffingtonpost.com/katherine-koster/16-facts-about-sexual-ass_b_8711720.html, visited on
03/05/2016.
25
Id.
26
Supra note 21.
27
Melissa Hope Ditmore, Encyopedia of Prostitution and sex worker, Vol.2, at 527,
https://books.google.com.np/books?id=5WyPfynlwMC&pg=PA527&dq=sex+worker+victimized+by+police&h
l=en&sa=X&ved=0ahUKEwjVg6EranLAhUEI44KHbWuC2IQ6AEIGzAA#v=onepage&q=sex%20worker%20
victimized%20by%20police&f=false visited on 03/05/2016.
9
The majority of sex workers are unaware of the legal fact that prostitution is illegal in Nepal.
In two studies conducted by human rights groups in Kathmandu, the overwhelming majority
of sex workers interviewed wanted sex work to be legalized or decriminalized, unaware that
prostitution is illegal in Nepal.28 However, the reason behind demanding legalization was not
because they saw prostitution as a desirable and enjoyable profession that a woman decides
upon freely and willingly – rather, legalization was seen as a means through which sex
workers would be provided with effective legal protection against police harassment, client
abuse and other forms of discrimination29.
Beside these prostitute often treated with the bad manner often by their client and society if
their profession is reveled in society. In the lack of relevant law in Nepal, sex worker are
being victimized by state organ, mainly form police as well as the owner of sex trade that has
lead to abuse, exploitation and violation of human right of sex worker30.
2.5 Reasons in favor of legalization of prostitution

In present context, the voice in the favor of legalization of prostitution has already taken the
world attention. Many have followed the voice and already legalized the prostitution and this
step has already shown its positive effects. Like, after Germany and New Zealand legalized
sex work, violence against sex workers decreased, while workers’ quality of life improved.
There, occupational health and safety laws protect sex workers. And the ability to screen
clients and take credit card numbers has reduced violence.31
Beside there are various reason which favor in the legalization of prostitution and some of
them are mentioned below:-
1. Sex Workers Have The Right To Their Body32.
According to law, everyone has free choice of employment. They have the right to
decide for themselves whether they want to participate in sex work in exchange of
money. And no one has the right to tell anyone what to do with her own body and life,
28
Supra note 21.
29
Id.
30
31
Cathy Reisenwitz, Why it is Time to Legalize Prostitution, 2014
http://www.thedailybeast.com/articles/2014/08/15/why-it-s-time-to-legalize-prostitution.html, visited on
03/05/2016.
32
Listland, Top 10 reasons Why Prostitution should be legalized, 2014, http://www.listland.com/top-10-
reasons-prostitution-legalized/ , visited on 03/05/2016.
10
especially just because it doesn’t adhere to other people’s moral principles or
beliefs33.
2. Prostitution Can’t Be Prevented34.
It is known as oldest profession of the world. No matter what, it has existed and will
exist in our society till the end of the world and mankind. Even if the whole world
unite it is nearly impossible for them to abolish this profession. There is always man
and women to will offer their body either for money or pleasure.
3. It Would Give The Sex Workers Employment Rights.
Everyone, who is legally employed, has minimum rights and

entitlements given by law, such as safety rights, minimum wage,
health benefits, vacation pay, and protection against unlawful
discrimination. If prostitution is legalized, sex workers are able to get
access to the rights and services that they deserve. If a sex worker is
raped or abused, she can complain to the police and even file lawsuit.
Furthermore, she can get access to basic education and health
services, just like anyone else35.
4. Legal Prostitution Would Reduce Violence And Sex Crimes.
The late Indian novelist and journalist, Khushwant Singh, said that,
“The more you try to put down prostitution, the higher is the
incidence of crime against innocent women.” One study that shows
the correlation between legalizing prostitution and declining rape
cases comes from Rhode Island, wherein they accidentally legalized
prostitution. In 1980, lawmakers accidentally removed the section
that defined prostitution as a crime, and it went unnoticed until 2003.
Technically, it had been in effect for almost 3 decades, from 1980-
2009. During those years, the number of women involved in
prostitution and size of the indoor sex market largely increased. But
surprisingly, rape cases have declined by 31 percent36.
33
Id.
34
Supra note 16.
35
Id.
36
Supra note 16.
11
5. It Would Make Sex Workers Healthier37.
In Nevada, sex workers are required to get monthly blood test for HIV, syphilis, as
well as weekly blood test for gonorrhea and Chlamydia trachomatis. Furthermore, the
use of condom there is mandatory38. But same is not possible where this profession is
legalized due to which they are more likely to be infected with various STDs. Not
only to sex worker’s health but it also ensures the health of the client.
6. Legalization Could Benefit A Government Through Taxes39.
As prostitution is a lucrative business. If the prostitution is legalized then the earning

of sex worker is taxable as other profession. This will help the government of a
country to get the economic benefit through taxes. DIG of Kathmandu valley also
argues same, if government legalizes it with the tax money collected from it can be
used to create alternative for present sex worker and in future we can slowly and
gradually control or eliminate prostitution form our society.40
7. It Could Save The Country A Lot Of Money41.
In every country where prostitution is illegal or criminalized, they have to use the
country resources like police, court hearing and many more and alt last either they are
released with warning or with some amount of fine and again they go back to same
business. And this keeps on happening and state resource is use same way but if
prostitution is to be legalize country can save lot of its resources which can be use to
prevent greater crime or development of nation.
8. Prostitution Is A Victimless Crime.
As what Sherry F. Colb of Rutgers Law School said, “What makes prostitution a
‘victimless crime’ in the sense that no one is necessarily harmed by it is that there are
consenting adults involved42.” Likewise in the prostitution, there is the consent of
adults and no one is harmed both will earn their part where clients will earn their
pleasure and satisfaction and prostitute will earn their money. There is no victim in
prostitution. And if there is no victim how can it become a crime? Thus the crime
where there is no victim should be legalized or decriminalized.
37
Id.
38
Supra note 17.
39
Id.
40
Supra note 2.
41
Supra note 18.
42
Id.
12
9. It Could Help Us Fight Against Human-Trafficking.
In Germany, when they legalized prostitution, cases of human trafficking significantly

decreased by 10 percent from 2001 to 201143. This data suggest that legalized
prostitution have helped to decrease the human trafficking and given the opposite
result against the claim by the prohibitionists who claim that decriminalizing
prostitution encourages the growth of human trafficking.
10. It Would Protect Minors.
A lot of pro-decriminalization of prostitution believe that if people

can legally buy sex from women 18 years or older, it will
significantly reduce child exploitation. Since no one would want to
be prosecuted and pay fines, those who are in the commercial sex
market will only legally employ willing adults, rather than struggle
to operate in secrecy. By legalizing prostitution and implementing
more strict laws regarding it, we can abolish child sex slavery.44
So, criminalizing prostitution or any kind of barrier is not a solution for it. As prostitution is
along with us, legalizing will help to ensure the right of the sex worker, health of both sex
worker and clients, less burden to government and even help to control the sexual violence,
rape, human trafficking and many more. Thus prostitution should be also legalized in the
Nepal.
2.6 Reasons against the legalization of prostitution

While dealing with the reasons against the legalization of prostitution, the name Janice G.
Raymond can’t be neglected. Her ten reasons against the legalization of prostitution deals
why prostitution should not be legalized at any cost and those ten reasons are:
1. Legalization of prostitution is a gift to pimps, traffickers and the sex industry45.

It will give legitimacy to the consumers (including third party business man, brothels
owner and pimps) of sex who would buy sex and would not be beneficial to the sex
worker46. It sure will help to dignify the sex industry but not the sex worker. In
countries where women are criminalized for prostitution activities, it is crucial to
advocate for the decriminalization of the women in prostitution. No woman should be
43
Supra note 17.
44
Id.
45
Janice G. Raymond, Ten Reasons for Not Legalizing And a Legal Response to the Demand for Prostitution,
http://www.embracedignity.org/uploads/10Reasons.pdfs, visited on 03/09/2016
46
13
punished for her own exploitation. But States should never decriminalize pimps,
buyers, procurers, brothels or other sex establishments47. So as legalizing it would
only help pimps, traffickers and other third party rather than sex worker it should not
be legalized.
2. Legalization of prostitution and the sex industry promotes sex trafficking.
One argument for legalizing prostitution in the Netherlands was that legalization
would help to end the exploitation of desperate immigrant women who had been
trafficked there for prostitution. However, one report found that 80% of women in the
brothels of the Netherlands were trafficked from other countries48. And as there would
be no method to ensure that immigrant sex worker from other country would
voluntary consent to being a part of the sex industry49. So as there is any means to
differentiate between forced and voluntary sex worker legalizing it would increase sex
trafficking, thus it should not be legalized.
3. Legalization of prostitution does not control the sex industry. Rather it expands
it.
Prostitution as an industry would flourish with private entrants coming into the
business; this would in turn increase the atrocities against which sex work was
legalized in the first place. It could open doors for forms of sexual exploitation like
phone sex, table top dance, peep shows, pornography, beer bars and so on50.
Legalizing helps to increase sex industry rather controlling it, thus it should not be
legalized.
4. Legalization of prostitution increases clandestine, hidden, illegal and street
prostitution.
Not all sex workers is able to register with the concerned authorities, there can be
problems like being minors, illegal migrants, people with failure to meet the required
health condition or suffering from vulnerable diseases which results these people from
the legalization51. Some sex workers don’t want to register or submit to health check,
as required per the provision in legalized prostitution52. As many sex workers will not
47
Supra note 10.
48
Id.
49
Supra note 10.
50
Id.
51
52
Janice G. Raymond, Ten Reasons for Not Legalizing And a Legal Response to the Demand for Prostitution,
http://www.catwinternational.org/Content/Images/Article/41/attachment.pdf , visited on 04/16/2016.
14
be able to register themselves as professional sex worker where as many will not
desired to be registered which will lead to hidden, legal and street prostitution.
5. Legalization of prostitution and decriminalization of the sex industry increases
child prostitution.
One of the objectives to legalize the prostitution of every nation state is to end the
child prostitution and exploitation. But the one of the research in Netherlands by
Amsterdam based child right organization from 1996-2001 shows that after
legalization of prostitution in Netherlands child prostitution has increased by 300%.53
Along with Netherland, Victoria in Australia has also increased the child prostitution
and this lead to various forms of commercial sexual exploitation of children. 54 Thus
the prostitution should not be legalized.
6. Legalization of prostitution does not protect the women in prostitution.
Even if the prostitution is legalized, the women in prostitution would not be protected,
rather than them brothels house is more focused on protecting their customers. In
brothels that have surveillance cameras, the function of cameras was to protect the
buyer and the brothel rather than the women, with one brothel putting in cameras after
a buyer died55. More over there would be no safe guard against the abuse during the
sexual contact.56 So, legalization would instead benefit the client rather than the sex
workers.
7. Legalization of prostitution increases the demand for prostitution.
It boosts the motivation of men to buy women for sex in a much wider and more
permissible range of socially acceptable settings.57 Once the prostitution is legalized,
the legal barrier disappears along with which social and ethical barriers would be
disappear for treating the women as sexual merchandise.58 With the advent of
legalization in countries that have decriminalized the sex industry, many men who
previously would not have risked buying women for sex now see prostitution as
acceptable.59 So legalization of prostitution would convert the women into a sexual
object which also violates their fundamental human right.
53
Id.
54
Supra note 34.
55
Supra note 35.
56
Supra note 34.
57
Supra note 28.
58
Supra note 35.
59
Id.
15
8. Legalization of prostitution does not promote women's health.
Legalized prostitution often mandate prostitute women for regular health check up but
check up of these women doesn’t guarantee and promote women’s health. As it is
necessary that the clients also need to be monitored for sexually transmitted disease
like HIV/AIDS.60 Regarding the condom policy, one woman stated: “I’d be one of
those liars if I said; oh I always used a condom.‟ if there was extra money coming in,
then the condom would be out the window.”61 So only with the policy where sex
worker go through mandatory health check up against the STDs there can’t be the
guarantee and promotion in women/sex worker health.
9. Legalization of prostitution does not enhance women's choice.
Prostitution in most case is not the primary choice as profession of any women. In the
lack of other option they are forced to sell their body to feed themselves and their
children which is defined as survival strategy by J.C Raymond. Many are victims of
trafficking and illegal pathways and land up in prostitution beyond their will.62 Rather
than consenting to prostitution, a prostituted woman more accurately complies with
the extremely limited options available to her. Her compliance is required by the fact
of having to adapt to conditions of inequality that are set by the customer who pays
her to do what he wants her to do.63
10. Women in systems of prostitution do not want the sex industry legalized or
decriminalized.
No one would like their children, family or friend to earn money from sex industries,
as it would increase the risk and humiliation that is faced by the sex workers64 which
they don’t want anyone to face like they have faced. They are sure that legalizing it
would increase the violence against them and they do not considered this to be their
rightful profession as it destroys their health and life.65
Beside these reason, there are various other reason like prostitution in itself is one’s right but
it is morally wrong and we must not made any thing legal stating people do get evolve in it,
either legal or illegal it promotes women and children violence. These all argument point that
60
Supra note 10.
61
Supra note 35.
62
Supra note 10.
63
Supra note 35.
64
Id.
65
Supra note 28.
16
legalizing prostitution is not a solution to control human trafficking, sexual crimes, STDs and
many more. So, prostitution should not be legalized at any cost.
2.7 Approaches to legal reform of prostitution

There are some of the many terms used to describe women involved in prostitution. What is
immediately evident is; there are many different terms and words to describe women who sell
sex than there are for men who purchase it. But there is another purpose for starting the book
with the lists of terms - to demonstrate how words that are used to talk about prostitution
reflect different approaches to prostitution66.
There have been developments in the legal approach to prostitution adopted by different
countries, with a significant shift away from prohibition, towards legalization and
decriminalization. But it became evident in preparing this review that there is much confusion
over the main legislative approaches to prostitution in different jurisdictions. There was often
misinterpretation – or at least it could appear so. One difficulty was the variation in the terms
used to describe the legislative position, and how they were defined67.
Although there are many strategies currently being proposed to combat prostitution and is an
attendant problem, all fall under one of the three basic system of control. These are (i)
criminalization; (ii) legalization; and (iii) decriminalization68.
2.7.1 Criminalization
Criminalization makes prostitution illegal with related offences appearing in the
criminal code. Criminalization seeks to reduce or eliminate the sex industry and is
supported by those who are opposed to prostitution on moral, religious or feminist
grounds69. Jurisdictions that have criminalized prostitution subdivide into two groups:
i. Prohibitionist – where all forms of prostitution are unacceptable and therefore

illegal. This is the approach taken in most states of the USA and countries in
the Middle East.
66
Geetanjali Gangoli & Nicole Westmarland, International Approaches to the prostitution: Law and Policy in
Europe and Asia, Policy press, U.K, 2006 at 1.
67
Frances M. Shaver, prostitution: A Critical Analysis of Three Policy Approaches, University of Toronto Press
Vol. 11, No. 3 (Sep., 1985) at 493.
68
Dr Elaine Mossman, International Approaches to Decriminalizing or Legalizing Prostitution, October 2007,
http://www.procon.org/sourcefiles/newzealandreport.pdf , visited on 04/27/2016.
69
17
ii. Abolitionist – a modified form of prohibition which allows the sale of sex,
but bans all related activities (e.g. soliciting, brothel keeping, and
procurement). Making these related activities illegal effectively criminalizes
prostitution as it is virtually impossible to carry out prostitution without
contravening one law or another. The abolitionist approach often focuses on
eliminating or reducing the negative impacts of prostitution. It is one currently
operating in countries such as England and Canada70.
In jurisdictions which criminalize prostitution, confusion can still arise about its legal
status due to a tolerant climate. Prostitution is known by enforcement agencies to
exist, but prosecutions are rarely made. This is most common in abolitionist regimes.
Prior to the Prostitution Reform Act 2003 in New Zealand, for instance, it was known
that brothels operated under the guise of massage parlors. Sweden has taken a
different approach to criminalization, being the first country to criminalize the buyers
of sex rather than sex workers themselves. Prostitution is seen as sexual abuse and an
act of violence against women71. In short, Sweden is the only country so far to
criminalize the buyers of sex rather than sex workers. The aim was to end
prostitution, rather than regulate it – since it was viewed as violence against women
and a barrier to gender equality. Norway and Finland are now considering this
approach72.
One of the Member of Parliament of Nepal also favors criminalization, “After the
promulgation of The Constitution of Nepal, (2072) parliament is now working on drafting on
many other laws. One the same way, parliament has realized the necessity of specific
regarding prostitution in near future it is enacted. And regarding the legal approach that is
going to be accepted in that specific law, it is dependent on whole parliament where majority
will decide it. In my context, personally I would recommend parliament to criminalize it.”73
So, countries classified as criminalized regimes are those where it is not legally possible to
engage in prostitution, because prostitution or its associated activities would be contravening
some law regardless of the level of tolerance existing. Making it as an illegal act on moral,
70
Supra note 50 at 5.
71
72
Supra note 50 at 5.
73
Interview, Member of Parliament as on18th April,2016.
18
religious or feminist ground with aim or goal to minimize or totally eradicate sex industry
and prostitution from the society.
2.7.2 Legalization
Legalization is where prostitution is controlled by government and is legal only under
certain state-specified conditions. (Legalization is also referred to as regulation by
some authors).74 Key indicators of a legalized system are the existence of prostitution-
specific controls and conditions specified by the state. These can include licensing,
registration, and mandatory health checks. Licenses can be managed by police and the
judiciary, elected municipal authorities, or independent specialist boards. Businesses
or workers without the necessary permits are subject to criminal penalties.75
The underlying premise in legalized regimes is that prostitution is necessary for stable
social order. Prostitution nonetheless should be subject to controls to protect public
order and health. Some jurisdictions opt for legalization as a means to reduce crimes
associated with prostitution (e.g. organized crime, police corruption, child
prostitution, and sex trafficking).76
“Legalization in other hand can be used as a tool to control and slowly decrease
prostitution in society. It will restrict the prostitution in certain parts which in present
is scattered all over the city and from red light area government will attain certain tax
money which can be utilized the next generation prostitutes from entering into
prostitution as well as one who are already working as prostitute can be provided with
alternative ways with the use of same money.”77
Prostitution has been legalized in countries such as the Netherlands, Germany,

Iceland, Switzerland, Austria, Denmark, Greece, Turkey, Senegal, the USA state of
Nevada, and many Australian states (Victoria, Queensland, ACT and Northern
Territory). Even the developing countries like Brazil, Senegal and Colombia also
legalized the sex works. In Brazil, prostitution is legal; unlike in Victoria and
Netherlands, brothel owning remains illegal. Pimping and procuring are also illegal.
But Brazilian embodies a legislation model without any government regulation of sex
work. However prostitution is not fully legalized or criminalized under Brazilian civil
law. Though sex worker are granted some labor rights but its enforcement is difficult.
74
Supra note 51.
75
Id.
76
Supra note 10.
77
Interview, Nepal Police (DIG) as on 27th April 2016.
19
But recognition of sex work as legitimate labor by state is a significant and assets to
the government in collaborating with sex trade worker collective and particularly
addressing the HIV epidemics.78
2.7.3 Decriminalization
Decriminalization is where there has been a repeal of all laws against prostitution, or
the removal of provisions that criminalized all aspects of prostitution. It is important
to note, though, that in a decriminalized regime; a distinction is made between (i)
voluntary prostitution and (ii) that involving either force and coercion or child
prostitution – the latter remaining criminal79.
The key difference between legalization and decriminalization is that with the latter
there are no prostitution-specific regulations imposed by the state. Rather, any
regulation of the industry is predominantly through existing statutes and regulations.
Thus prostitution is recognized as a legitimate business and, as such, it comes under
conventional employment and health regulations and is subject to standard local
council business and planning controls. Those involved in prostitution have the same
rights and responsibilities as other workers (e.g. paying taxes)80.
The aims of decriminalization differ from legalization in their emphasis. The main
objective of legalization is to protect social order. While this is relevant to
decriminalization, the main emphasis here is on the sex worker – respecting their
human rights, and improving their health, safety and working conditions81.
Proponents of decriminalization argue that the cost of keeping prostitution illegal

largely outweighs the gains, and that prostitution should essentially be seen as
consenting behavior between adults. They argue the injustice of a double standard
whereby a sex worker can be found guilty of an offence, but not the client who is
typically male. They also point to potential violation of civil liberties that state-
regulated legalization might involve, through controls such as registration and
mandatory health checks. In decriminalized regimes, there is typically a shift in power
away from the state and clients to sex workers themselves 82. Decriminalization is also
78
79
80
Id.
81
Supra note at 200.
82
20
recognized as a way of avoiding the two-tier reality of legal and illegal operations,
with the latter operating underground. Decriminalization also aims to remove the
social exclusion which makes sex workers vulnerable to exploitation and difficult for
them to move out of the industry.
Certain portion of people also argues that sex is one of the basic needs for human
being. Where there should be no restriction on it until and unless there is consent of
parties engage in it. “It is natural and basic need for human being which starts with
adolescence but our society barriers it until one is married. Once when I was serving
my duty on Mozambique under a United Nation Mission, I was shocked to know that
security forces don’t know the meaning of rape there, I tried to educated them but
filed because they don’t encounter rape cases and the reason behind it was they were
so liberal regarding sex; bachelor were allowed to have sex with opposite sex in both
consent. Whereas, rape rate of Mozambique is 0.2 per 1, 00,000 in 2009. So liberation
of sex will also play vital role in reduction of rape and other crimes.”83
Currently, only New South Wales (Australia) and New Zealand have adopted a legal
framework84.
2.8 Categories of prostitution offences

It is important to understand the differing categories of laws, as the legality of different
aspects of prostitution varies across different jurisdictions. Within a specific jurisdiction,
some aspects can be legal and others remain illegal, which can create confusion when trying
to classify the legislative approach85.
It is also interesting to note that the penalties for the various offences can range from
imprisonment to fines. Particular offences can be found in a country’s criminal code or
limited to being an infringement or administrative offence. In most jurisdictions there is clear
differentiation made between voluntary and involuntary prostitution, with specific offences
aimed at people trafficking and child prosecution. The two most common criminal
International Approaches to Decriminalizing or Legalizing Prostitution tend to form the basis
of an attempt to criminalize prostitution and are the most frequently prosecuted offences.86
83
Interview, Nepal Police(DIG), as on 27th April 2016.
84
Id.
85
86
Id.
21
So the next important consideration is the specific aspects of prostitution to which the laws
within a specific approach apply. Prostitution-related laws across jurisdiction vary greatly,
but can generally be grouped into three categories:
2.8.1 Laws aimed at the sex worker

These are offences that penalize the sex worker in various ways. Offences relate to87:
 The act of prostitution (sale of sex for commercial purposes).

 Soliciting (loitering for the purposes of prostitution). Some laws differentiate
between active and passive soliciting.
 The type of prostitution engaged in. For instance, laws can make the act of
prostitution illegal dependant on where or how it occurs: in a brothel; outdoors
in public places (i.e. street work); as outcall or escort work (i.e. where a sex
worker is dropped off / goes to the client); or as an independent sex worker
working from a private residence.1 Further distinctions can sometimes be
made by whether a sex worker is working alone or with others.
 Limiting sex work to specific categories. Age constraints are common, and
some jurisdictions make it illegal for non-residents to get a work permit for
sex work.
2.8.2 Laws aimed at third parties

These are offences that penalize third parties involved in the management and
organization of prostitution. Some jurisdictions make it legal for a sex worker to
exchange sex for money, but prohibit a third party from benefiting through88:
 Living off the earnings of a sex worker – those who depend wholly or in part
on the income of a sex worker (e.g. a pimp or partner).
 Brothel keeping – i.e. those owning or managing and, sometimes those
assisting with, operating a brothel.
 Procuring or pandering – arranging or making someone available for
prostitution, especially minors, or if by coercion, fraud or drugs.
2.8.3 Laws aimed at those who purchase commercial sex

These are offences that penalize the ‘buyer’ such as kerbed crawling, or buying
commercial sex89.
87
88
22
2.8.4 Other laws
The acts of advertising prostitution services or the premises used for prostitution have
also been made an offence in many jurisdictions90.
2.9 Unregulated regimes

There are some jurisdictions where prostitution is entirely unregulated – i.e. there are no laws
either prohibiting or allowing prostitution. A review of 27 countries in Central and Eastern
Europe and Central Asia found this was the case in eleven of them. They included
Azerbaijan, Bulgaria, the Czech Republic, Estonia, Georgia, Kazakhstan, Kyrgyzstan,
Poland, Slovakia, Slovenia and Tajikistan91.
89
Supra note 54.
90
Id.
91
23
CHAPTER III
3. LEGAL FRAMEWORK ON LEGALIZATION OF PROSTITUION
3.1 Laws related with sex workers

There are so many laws that have provision relating with sex workers. Some of these laws
have addressed the rights of sex worker too and if these are to be implemented properly sex
workers would not be victimized and marginalized as they are being now. And some others
laws are made to control the prostitution. Though one renowned personnel argues “If you
want to control prostitution, law is not the way control it especially if government is not
going to put it as a labor law. If we are arguing that they have got nothing to do except
prostitution, which means we can’t afford a labor or profession for them; we are pushing our
self in to it. It is not a law that is going to control them but the opportunities offered to
them.”92
Basically, here we are going to deal with international and domestic laws which deal with the
provision relating to sex workers or prostitution.
3.1.1 International Laws

International law here means various Charters, Conventions, Declaration, Covenant and
Protocols. Some of the international laws with provisions regarding prostitution are
mentioned below;
3.1.1.1 Universal Declaration of Human Rights, 1948

Article 1
All human beings are born free and equal in dignity and rights. They are endowed
with reason and conscience and should act towards one another in a spirit of
brotherhood 93.
Article 23 (1)
Everyone has the right to work, to free choice of employment, to just and favorable
conditions of work and to protection against unemployment94.
92
Interview, Senior Gynecologist, as on 2nd May, 2016.
93
Universal Declaration of Human Right 1948, Art. 1.
94
Universal Declaration of Human Right 1948, Art.23 (1).
24
In the sense that sex workers are also the human being, the right to be treated equally, and
each one has right to choose their profession and if prostitution is legal in any part of world
one who voluntary choose to be sex worker must be guaranteed all right as per this
declaration without any sort of biasness. Nepal has also ratified this convention. So, sex
worker of Nepal cannot be denied their right under this Declaration which has elaborated the
basic human right of human beings. Despite of ratification, human rights of sex worker of
Nepal seems not to be guaranteed as it is illegal and punishable under the Nepal’s law. Thus,
Nepal’s law contradicts with this particular convention.
3.1.1.2 Convention for the Suppression of the Traffic in Persons and of the Exploitation
of the Prostitution of Others, 1949
Preamble
Whereas prostitution and the accompanying evil of the traffic in persons for the
purpose of prostitution are incompatible with the dignity and worth of the human
person and endanger the welfare of the individual, the family and the community,95
Article 1
The Parties to the present Convention agree to punish any person who, to gratify the
passions of another:
(1) Procures, entices or leads away, for purposes of prostitution, another person, even
with the consent of that person;
(2) Exploits the prostitution of another person, even with the consent of that person96.
This convention reflects the abolitionist view to the point that has failed to recognize the right
of sex worker. More over it intends to punish the person involved in trafficking of person for
prostitution even with ones consent. It clearly tries to control or eradicate the prostitution.
Nepal has ratified this convention. Though Nepal lacks specific law regarding sex work but is
illegal act the aim is not clear either to control eradicate or anything else. But, Human
Trafficking and Transportation (Control) Act, 2064 has various provisions regarding anti
human trafficking and against prostitution where people engaged in prostitution and human
trafficking are punished. This intends to control the prostitution and trafficking person. So,
Nepalese law is in line with this convention.
95
Convention for the Suppression of the Traffic in Person and of the Exploitation of the Prostitution of
others,1949, Preamble.
96
Convention for the Suppression of the Traffic in Person and of the Exploitation of the Prostitution of others,
1949,Art.1.
25
3.1.1.3 International Covenant on Civil and Political Rights, 1966
Article 1 (1)
All peoples have the right of self-determination. By virtue of that right they freely
determine their political status and freely pursue their economic, social and cultural
development97.
Article 16
Everyone shall have the right to recognition everywhere as a person before the law98.
As in this covenant have address the right of sex worker, where everyone shall be recognized
as a person before law and each person have right of self determination. And sex worker as a
person cannot be denied their right under this Covenant too. Nepal has ratified this covenant
and if prostitution is regarded as profession as per definition of Supreme Court of Nepal their
right to self determination is not guaranteed as per covenant. Thus, Nepalese law contradicts
with this covenant too.
3.1.1.4 Convention on the Elimination of All Forms of Discrimination against Women,

1979
Article 6
States Parties shall take all appropriate measures, including legislation, to suppress all
forms of traffic in women and exploitation of prostitution of women99.
Article 11 (1c)
1. States Parties shall take all appropriate measures to eliminate discrimination against
women in the field of employment in order to ensure, on a basis of equality of men
and women, the same rights, in particular:
c. The right to free choice of profession and employment, the right to promotion, job
security and all benefits and conditions of service and the right to receive vocational
training and retraining, including apprenticeships, advanced vocational training and
recurrent training.100
As this convention aims to end all the discrimination against women, it has provision that
each contracting state must take all the measure to suppress all form of trafficking of women
and exploitation of prostitution. And on the basis of being women they cannot be
97
International covenant on civil and political right,1966, Art. 1 (1).
98
International covenant on civil and political right,1966, Art. 16.
99
Convention on the elimination of all form of discrimination against women, 1979, Art.6.
100
Convention on the elimination of all form of discrimination against women, 1979,Art. 11 (1c).
26
discriminated in the selection of their profession even if one chooses to be sex worker and if
their countries have legal provision regarding it they must be guaranteed all right equal to
other gender with our any form of discrimination. But, Nepalese law has not legalized sex
work to any gender under which we can argue that there is no discrimination to women and
Nepalese law is in line with this convention where as from other prospective where Nepalese
women are deprived to choose sex work as profession (which one can argue as per Art. 11
[1c]) they are deprived not because they are women but it is against the Nepalese law. So
there is no discrimination to women regarding the sex work in Nepal. Thus, Nepalese law
does not contradict with this convention.
3.1.1.5 Convention on the Rights of the Child, 1989

Article 34
States Parties undertake to protect the child from all forms of sexual exploitation and
sexual abuse. For these purposes, States Parties shall in particular take all appropriate
national, bilateral and multilateral measures to prevent101:
(a) The inducement or coercion of a child to engage in any unlawful sexual activity;
(b) The exploitative use of children in prostitution or other unlawful sexual practices;
(c) The exploitative use of children in pornographic performances and materials.
Children are never to be subject of any kind of exploitation, further more all children must be
protected from any kind of sexual exploitation and abuse. Contracting sates must take all
necessary measure to save children from engaging in any kind of unlawful sexual activity,
prostitution or pornographic performance and materials. Thus, child is never and ever to be
subjected as sex worker. As a contacting party Nepal have also taken preventive measures to
protect children but more concern is needed as there are child prostitute still present in the
street of Nepal.
3.1.1.6 Optional Protocol to the Convention on the Rights of the Child on the Sale of
Children, Child Prostitution and Child Pornography, 2000
Article 1
States Parties shall prohibit the sale of children, child prostitution and child
pornography as provided for by the present Protocol102.
101
Convention on the Right of the Child, 1989, Art.34.
27
This optional protocol of Convention on the Right of the Child deals has the provision that
prohibits any one form the sale of children, use of children in prostitution and pornography
and Nepal as a contracting state must take effective initiation and steps to safe guard the
children form sale, prostitution and pornography, where Nepal has taken various steps in
order to control child sale, prostitution and pornography but effective result has not been
achieved yet as various official and unofficial reports and incident in media and concerned
authorities are still being reported, though Nepal has laws in line with this protocol major
problem seems to be in its implementation. Beside implementation Nepalese law does not
contradicts with this optional protocol.
3.1.1.7 SAARC Convention on Preventing and Combating Trafficking in Women and

Children for Prostitution, 2002
Preamble
EMPHASISING that the evil of trafficking in women and children for the purpose of
prostitution is incompatible with the dignity and honor of human beings and is a
violation of basic human rights103;
Article 8(2)
The State Parties to the Convention may also, by mutual agreement, set up bilateral
mechanisms to effectively implement the provisions of the Convention, including
appropriate mechanisms for cooperation to interdict trafficking in women and
children for prostitution104.
This convention intends to prevent and combat trafficking in women and children for
prostitution which is very high in SAARC. All the member of SAARC must cooperate and
effectively follow the provision of convention in order to minimize and eradicate the
trafficking of women and children of this region for prostitution. Nepal which is also one of
the major hubs for trafficking women and children of SAARC as a party of this convention
Nepal has taken necessary measures by formulating laws, rules and regulation in accordance
with this convention to prevent and combat the trafficking of women and children for
prostitution but there are still loopholes which need to be fulfilled soon.
102
Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution
and Child Pornography,2000, Art.1 `
103
SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution,
2002, Preamble, para.2.
104
SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution,
2002, Art.8(2).
28
3.1.2 Domestic Law
Domestic law here refers to the Constitution and Acts of the Nepal.
3.1.2.1 Constitution of Nepal, 2072

Article17. Right to Freedom:
(2f) Freedom to engage in any occupation or be engaged in employment, establish and

operate industry, trade and business in any part of Nepal105.
Article33. Right to employment:
(2) Every citizen shall have the right to select employment106.
The Supreme Court of Nepal expressed its view that “prostitution is a profession or
occupation irrespective of whether or not it is legal” and given the Constitutional right to
choose one’s own profession.107 So, sex worker should be allowed to choose prostitution as
their profession under these fundamental rights guaranteed by Constitution of Nepal 2072
where as Human Trafficking and Transportation (Control) Act, 2064 has criminalized both
voluntary and involuntary prostitution. Thus, Constitution and this Act contradicts but in a
sense if the law in real sense can apply and accept the prostitution as profession and
occupation. So, clear interpretation is most necessary by concerned authorities regarding this
subject matter.
3.1.2.2 Muluki Ain, 2020

Chapter 8A (Kidnapping/Abduction and Hostage Taking)
Number 3
If a person kidnaps/abducts or takes hostage of another person, as referred to in
Number 1 or Number 2 of this Chapter, with intention…..to engage into
prostitution,…. shall be liable to the punishment of imprisonment for a term ranging
from Seven years to Fifteen years and a fine from Fifty Thousand Rupees to Two
Hundred Thousand Rupees108;
Chapter- 13 (On Intention of Sex)
Number 5
If a person lures a woman to have illegal sexual intercourse with himself or with any
other person or contacts and manages for prostitution, the person shall be liable to the
105
CONSTITUTION OF NEPAL 2072, amend.I, Art.17 (2f).
106
CONSTITUTION OF NEPAL 2072, amend.I, Art.33 (2).
107
Supra note 23.
108
Muluki Ain, 2020, Chapter 8A, No.3.
29
punishment of imprisonment for a term ranging from Six months to Two years or a
fine of Five Hundred Rupees to Six Thousand Rupees or with both109.
 These provision on country code have address the forced or involuntary prostitution and
has provision of punishment to one who forces one to be engaged in prostitution by force
or any means but is silent about the voluntary prostitution where as Human Trafficking
and Transportation (Control) Act, 2064 as criminalizes person engaged in prostitution i.e.
either voluntary or involuntary prostitution is illegal. Thus, this country code must be
amended in accordance with Human Trafficking and Transportation (Control) Act, 2064.
3.1.2.3 Some Public (Crime and Punishment) Act, 2027

Preamble:
Whereas it is expedient to control some public crimes and to provide punishment
thereof to maintain peace and order in different parts of Nepal and in order to
maintain convenience, good conduct and morality of general public110.
All the issue related to sex work is dealt under this Act but there is no provision related to sex
work or sex worker. Law enforcing agencies in the name of peace and security and for
maintain the law and order, violets the right of sex workers. And using this Act against the
sex worker is gross violation of human right and criminal law; the principle of Nullum crimen
sine lege (No crime without law). So, specific law must be enacted soon to deal with the sex
work and sex workers.
3.1.2.4 Human Trafficking and Transportation (Control) Act, 2064

Section 4 (1b and 1d)
Acts considered as Human Trafficking and Transportation: If anyone commits any of

the following acts, that shall be deemed to have committed human trafficking
(b) To use someone into prostitution, with or without any benefit111:,
(d) To go for in prostitution112.
Section 15 (1b, 1d and 1e)
109
Muluki Ain, 2020, Chapter 13, No.5
110
Some Public (Crime and Punishment) Act of 2027, Preamble, Para.1.
111
Human Trafficking and Transportation (Control) Act of 2064 § 4(1b).
112
Human Trafficking and Transportation (Control) Act of 2064 § 4(1d).
30
15(1): Any person who commits an offence as prescribed under Section 3 shall be
punished as follows:
1b: Ten years to Five years imprisonment and a fine of Fifty Thousand Rupees to One
Hundred Thousand Rupees for forcing into prostitution, with or without financial
benefit113,
1d: One month to three months imprisonment and a fine of Two Thousand Rupees to
Five Thousand Rupees for a person engaged in prostitution114.
1e: For a person who is involved in transportation of human being for the purpose of
buying, selling and engaging someone in prostitution-
(1) Ten years to Fifteen years imprisonment and a fine of Fifty Thousand Rupees to
One Hundred Thousand Rupees for taking a person out of the country.
Fifteen years to Twenty years imprisonment and a fine of One Hundred Thousand
Rupees to Two Hundred Thousand Rupees for taking a child out of the country115.
(2) Ten years of prison and a fine of Fifty Thousand Rupees to One Hundred
Thousand Rupees for taking a person from one place to another place within the
country.
Ten years to Twelve years imprisonment and a fine of One Hundred Thousand
Rupees for taking a child from one place to another place within the country116.
Section 15(2)
15(2): Not withstanding anything written in Sub-section (1), the punishment in the
following matters shall be as follows:
(a) If same person is involved in buying or selling and forcing into prostitution, with
or without any benefit; he/she shall be liable for punishment under both
offences117,
(b) If same person is involved in buying or selling or forcing into prostitution, with or
without any benefit, and in an offence under Clause (b) of Sub-section (2) of Section
4, he/she shall be liable for punishment under both offences118,
113
Human Trafficking and Transportation (Control) Act of 2064 § 15 (1b).
114
Human Trafficking and Transportation (Control) Act of 2064 § 15 (1d).
115
Human Trafficking and Transportation (Control) Act of 2064 § 15 (1e[1]).
116
Human Trafficking and Transportation (Control) Act of 2064 § 15 (1e[2]).
117
Human Trafficking and Transportation (Control) Act of 2064 § 15 (2a).
31
(b) Notwithstanding anything mentioned in Clause (b), if same person is involved in
an offence under Clause (b) of Sub-Section (2) of Section 4 and in transporting a
human being from one place to another place within Nepal or outside the country
for the purpose of buying, selling or forcing into prostitution, with or without any
benefits; he/she shall be liable for separate punishment for each offence119.
This Act criminalizes the acts of trafficking women and children for the prostitution with or
without any benefits and if proven guilty one is punished monetary and imprisonment or
both. Whereas despite Nepal lacks the specific laws regarding sex work but section 15 (1d) of
this particular Acts criminalizes the prostitution where one proven to be engaged in
prostitution is punished with 1 - 3 month imprisonment and fine of Rs.2000 – 5000.
So, sex work/ prostitution is a profession as define by the Supreme Court but is illegal under
section 15 (1d) of Human Trafficking and Transportation (Control) Act, 2064.
CHAPTER IV
4. Representation of Data
4.1 Data
As per the limitation all together 100 people participated in the Google survey. Among the
100 participants 70 were form age group of 16 -29 years, 20 were form age group 30 – 49
118
Human Trafficking and Transportation (Control) Act of 2064 § 15 (2b).
119
Human Trafficking and Transportation (Control) Act of 2064 § 15 (2c).
32
years and 10 were from age group of 50 +. The results of the survey are shown below in pie
chart respectively.
Table: 4 Result of Google survey in a whole.
Should prostitution belegalized? Is our present society ready to accept

Legalized prostitution?
27%
Yes Yes
45%
No No
55%
73%
Source: Google Survey, 2016

With the survey of 100 participants 55 % i.e. 55 people voted that prostitution should be legalized in
Nepal where as 45% i.e. 45 people voted against it. Though most of participants i.e. 73 % voted that
our present society is not ready to accept the legalized prostitution where as 27 % still thinks our
society is ready. Where most of the participants argue that legalization of prostitution would help to
reduce the social crimes like rape and control of the STDs. Along with which many argues that as it
is already in the society and if we can’t eliminate it at least we can regulate it by legalizing it and
some agues on the ground of freedom of choice of employment, right of sex workers and so on.
Where the participant who voted against it argues that it is immoral act as well as the person who is
benefited are only brothels owners and pimps more over it will cause for the human trafficking.
Where as in the question, is our present society ready to accept legalized prostitution? 73% voted on
“No”. Most of the participant argues that our society is guided by socio-cultural and moral values our
society is not yet ready to accept legalized prostitution. Whereas some argued that society will take
time but will accept once it is legalized. . “Regarding the acceptance, our society will never
accept any unusual or new provision. When I filed writ on female’s equal right on parental
property and in marital rape, I was widely criticized in that time but see the present context.
Thus, society will accept but it will take its time.”120
So, yes we should legalized prostitution but our society is not yet ready to accept legalized
prostitution in present context
120
Interview, Advocate ,as on 25th April 2016.
33
Table: 4.1 Result of age group (16- 29) years.
Should prostitution be legalized? Is our present society ready to accept

legalized prostitution?
27%
Yes Yes
47% No No
53%
73%

Out of 70 participant, 53% i.e. 37 people voted for the legalization of prostitution whereas 47 % i.e.
33 people voted against it. While in another question, is our present society ready to accept legalized
prostitution majority 73% i.e. 51particaipant voted on “No” while 27% i.e. 19 participant voted on
yes; our society present is ready to accept legalized prostitution.
Table: 4.2 Result of age group (30 - 49) years.

20%
Yes Yes
No 45% No
55%
80%

Out of 20 participant, 80% i.e. 16 people voted for the legalization of prostitution whereas 20 % i.e. 4
people voted against it. While in another question, is our present society ready to accept legalized
prostitution majority 55% i.e. 11 participants voted on “No” while 45 % i.e. 9 participant voted on
yes; our society present is ready to accept legalized prostitution.
Table: 4.3 Result of age group (50+) years.
34
0%
20%
Yes Yes
No No
80%
100%
Out of 10 participant, 20% i.e. 2 people voted for the legalization of prostitution whereas 80 % i.e. 8
people voted against it. In another question, is our present society ready to accept legalized
prostitution all i.e. full 10 out of 10 participants voted on against it but none voted on its favor.
One of the participants of age group 50+ writes “Sex is a basic need but I personally and
professionally (teacher) don’t agree that this need is to be fulfilled by the means of buying
and selling. It doesn’t mean that one should only have sex after marriage the thing I only
focusing on is sex is sacred, pure and natural and it should not bought and sold.”With this
statement, assumption can be made that society today is not so conservative where one with
the age of 50+ argues on the favor of pre- marital sexual relation
Google survey indicate that now it’s time to legalize the prostitution but the society is not ready yet
where majority of each age group voted that our present society is not ready to accept legalized
prostitution yet. While on the question of should prostitution be legalized? Among three age groups;
two i.e. (16-29 years and 30-40 years) majority voted on “yes” where as age group of (50+ years)
voted on “no”. Thus, Time has come to legalize the prostitution but the situation is not so favorable to
do so.
35
CHAPTER V
5. FINDINGS, CONCLUSION AND RECOMMENDATIONS
5.1 Findings
After a brief study, Google survey and various interview, researcher analyzed that Nepal
Government must enact specific law regarding prostitution very soon.
 Definition of prostitution varies from state to state; especially it depends on the legal
approach followed by the concerned state.
 Though Nepal has no specific laws regarding prostitution, according to section 15 (1d) of
Human Trafficking and Transportation (Control) Act, 2064 prostitution is illegal.
 Either legal or not prostitution is a profession or occupation as define by Supreme Court
of Nepal.
 Sex worker are prosecuted under Public (Crime and Punishment) Act, 2027 where no
provision regarding sex work is mentioned. It is against the human right and principle of
criminal law nullum crimen sine lege (no crime without law).
 Majority of participants want to legalize the prostitution mainly to control the sex related
crime and STDs.
 Though the society wants legalized prostitution; society is not yet ready to accept
legalized prostitution on various moral and religious grounds.
 Legalize, criminalize or decriminalize; human right of sex worker are to be violated or
not safeguarded as other human. As in legalization; prostitution are forced for mandatory
health checkups; where as in criminalization we waive their freedom to work and choose
their employment and in decriminalization though it is supposed to address and respect
their human right but can one be sure that they and their family member will not be
discriminated in the society because themselves or their family member is sex worker
(though s/he is licensed sex worker).
 In order to control sex related crime; rigidness towards sex should be loosen and for
STDs health/sex education, are major and effective way.
 Adopt any legal approach; legalization, criminalization or decriminalization, each one
must lead the way to minimize but not to maximize the prostitution in future.
36
5.2 Conclusion
Prostitution also known as the oldest profession is defined as profession or occupation either
legal or not in Nepal and has a long history of its practice. Though Nepal has no specific law
regarding the sex worker and prostitution but Human Trafficking and Transportation
(Control) Act, 2064 has criminalized prostitution under Section 15 1(d). Despite being illegal
it is practiced in every street of major cities of country. Whereas sex worker are prosecuted
under that Act which has no provision related with sex worker is considers as gross violation
of human right and against principle of criminal law. With the Google survey, it is found that
prostitution should be legalized but present society is not yet ready to accept legalized society
in present context. And Nepal government must enact specific law regarding prostitution with
adopting one of the legal approaches.
5.3 Recommendations
 Repel Section 15 (1d) of Human Trafficking and Transportation (Control) Act, 2064.
 Specific law regarding legalizing prostitution should be enact which must include the
provisions like:
1. Establishment of government board that works for the protection and promotion
of life and personality of sex worker.
2. Third parties like pimps and brothel owner should be made illegal.
3. Foreign migrant should be permitted to work as prostitute and should be provide
with same benefits and protection.
4. Minors involved in prostitution should not be prosecuted under criminal offence
but should be provided with counseling and social service so that they can survive
without prostitution. Though the client should be prosecuted under the criminal
offence like rape.
5. Establishment of Government funded organization and agencies to provide
alternative shelter, counseling, alternative employment etc to one who wishes to
leave the prostitution.
6. Establishment of prostitution union and association to represent their voice for one
who wants to enter or remain in prostitution.
7. Separate and specialized department in security force and hospital for the safe
guard and treatment of prostitutes.
 Legalization of prostitution may increase the human trafficking than today so concerned
authorities must focus on effective implementation of prevailing laws.
37
 After legalization, Government must bring the plan and policies that will minimize the
prostitution in future.
 Red light area should be declared in limited number and should not be near the public
places like parks, school, hospital etc.
38
Annex-I
Questions:
To Representative of Legislature (M.P)
1. How do you define sex work/prostitution?

2. There is no specific law regarding Prostitution? What is the cause or rationale behind this?
3. Prostitution being illegal and in the absence of specific law, aren’t we violating sex worker’s
human right?
4. As a member of parliament, which legal approach; legalization, decriminalization or
criminalization would you favor while drafting new law in near future?
5. My survey especially young generation (16-29 years) wants to legalize the prostitution, as a
/Member of Parliament how do you see it?
6. Will legalization of prostitution help to reduce rape and STDs?
7. Member of Parliament represents the society, and do you think society is ready to accept
legalized society?
To Representative of Judiciary (Advocate)
1. View on sex worker?

2. In the absence of specific law, is human right of sex workers being violated? How?
3. As a social activist, which legal approach should Nepal follow if specific law is to be
enacted?
4. Will our present society accept decriminalized prostitution?
5. My recent survey indicates that legalization of prostitution help in deduction rape and STDs.
What is your view in it?
6. Employment right under ILO and legalized prostitution?
To Representative of Nepal Police (DIG)
1. View on sex worker?

2. Number of sex worker inside valley?
3. In the absence of specific law regarding prostitution/sex work, what are the challenges for
police for to control it?
4. Should specific law to be enact to control the prostitution?
5. My recent survey shows legalization will reduce the rape rate, as a police officer what is your
view on it?
6. Procedure from arresting sex worker to bailment?
39
To Representative of Health Sector (Doctor)
1. What is your thoughts regarding sex work/ prostitution and sex workers?
2. Being a health professional what is your say regarding the topic “Should prostitution be
legalized in Nepal”?
3. Do you think prostitution is the major cause for the transmitting of the STDs?
4. According to you what would be the measure to control STDs among sex workers and
their clients?
5. Will legalization of prostitution help to control prostitution and STDs?
6. What could be the role of health sector for the control and cure of STDs?
7. In your view point as a health professional what type of provisions regarding health check
up would you suggest making, to the law maker/ parliamentarian if the prostitution is to
be legalized.
8. Is our present society ready to accept the legalization of prostitution?
40
BIBLIOGRAPHY:
International legal instruments:
 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the
Prostitution of Others, 1949
 Convention on the Elimination of All Forms of Discrimination against Women, 1979
 Convention on the Rights of the Child, 1989
 International Covenant on Civil and Political Rights, 1966
 Optional Protocol to the Convention on the Rights of the Child on the Sale of Children,
Child Prostitution and Child Pornography, 2000
 SAARC Convention on Preventing and Combating Trafficking in Women and Children
for Prostitution, 2002
 Universal Declaration of Human Rights, 1948
National legal instrument:
 The Constitution of Nepal

 Muluki Ain, 2020
 Public (Crime and Punishment) Act, 2027
 Human Trafficking and Transportation (Control) Act, 2064
International Law Journal:
 Annetette Jolin, On the Backs of working prostitute: Feminist Theory and Prostitution
Policy, Crime & Delinquency, Vol. 40 No.1, Sage publication Inc. Portland, 1994 at 69 –
83,
http://myweb.dal.ca/mgoodyea/files/On%20the%20backs%20of%20working%20prostitut
es%20Jolin%20Crime%20and%20Delinquency%201994%2040(1).pdf
National Law Journal
 Balaram Raut, Legislative Approaches to Prostitution: Legalizing or Decriminalizing For

Nepal, NEPAL LAW JOURNAL, Vol. 9, No.1 [2015].
Books
 Geetanjali Gangoli & Nicole Westmarland, International Approaches to the prostitution:

Law and Policy in Europe and Asia, Policy press, U.K, 2006.
41
 Constance Gunderson, Human Trafficking of women in Germany for the purpose of
sexual exploitation, Zuric, [2012] https://books.google.com.np/books?id=oiSq.
 Ruth Rosen, The Lost Sisterhood; Prostitution in America, 1900-1918, JHU Press.
 Melissa Hope Ditmore, Encyopedia of Prostitution and sex worker, Vol.2,
https://books.google.com.np/books?id=5WyPfynlwMC&pg=PA527&dq=sex+worker+vi
ctimized+by+police&hl=en&sa=X&ved=0ahUKEwjVg6EranLAhUEI44KHbWuC2IQ6
AEIGzAA#v=onepage&q=sex%20worker%20victimized%20by%20police&f=false.
Articles
 Aakrati Rayamaji, To legalize or not to legalize, THE KATHMANDU POST

(10/26/2015), http://www.ekantipur.com/the-kathmandu-post/2011/10/26/oped/to-
legalise-or-not-to-legalise/227613.html
 Janice G. Raymond, Ten Reasons for Not Legalizing And a Legal Response to the
Demand for Prostitution,
http://www.catwinternational.org/Content/Images/Article/41/attachment.pdf
 Purna Shrestha, Prostitution and Public Health: Various Forms of Regulating Methods -
An Analysis of Current Legal Responses to Prostitution in Nepal,
http://www.childtrafficking.com/Docs/prostitute_ph_0607.pdf
 Jan Jordan, The sex industry in New Zealand: A literature review, Wellington, New
Zealand Ministry of justice, http://www.justice.govt.nz/publications/publications-
archived/2005/the-sex-industry-in-new-zealand-a-literature-review/executive-summary
 Bibbi Abruzzini, Badi Women: Is There A Life Beyond Prostitution, VOL. 07 NO. - 04
July 2013, http://www.spotlightnepal.com/News/Article/Badi-women
 The Shosun llbo (English edition), Comfort Women Were 'Raped': U.S. Ambassador to
Japan, Mar 09 2007,
https://web.archive.org/web/20090627070105/http://english.chosun.com:80/w21data/html
/news/200703/200703190023.html
Online resources:
 Kathrine Koster, 17 Facts about Sexual Violence and Sex Work, 2015
http://www.huffingtonpost.com/katherine-koster/16-facts-about-sexual-
ass_b_8711720.html
42
 Cathy Reisenwitz, Why it is Time to Legalize Prostitution, 2014
http://www.thedailybeast.com/articles/2014/08/15/why-it-s-time-to-legalize-
prostitution.html
 Listland, Top 10 reasons Why Prostitution should be legalized, 2014,
http://www.listland.com/top-10-reasons-prostitution-legalized/
 Janice G. Raymond, Ten Reasons for Not Legalizing And a Legal Response to the
Demand for Prostitution, http://www.embracedignity.org/uploads/10Reasons.pdf
Dictionary:
 The Law Dictionary, 2nd edition, http://thelawdictionary.org/prostitution/
43

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Legalization of Prostitution in Nepal

AIDS : Acquired Immune Deficiency Syndrome

ILO : International Labor Organization

FSW : Female Sex Worker

STDs : Sexually Transmitted Diseases

DIG : Deputy Inspector General

1.2 Statement of Problem

1.3 Objectives of the Study

i. To find out whether prostitution should be legalized or not.

1.4 Significance of the Study

1.5 Research Methodology

1.6 Scope and Limitation of the Study

1.7 Organization of the Study

limitation and organization of study.

aspects, prostitution offences and approaches to legal reform of legalized prostitution.

regarding the prostitution is studied.

2. CONCEPTUAL FRAMEWORK ON LEGALIZATION OF

2.1 An Introduction to the Prostitution

According to prostitution law in Colorado, “Prostitution means (the act of)

2.2 Causes of Prostitution

2.2.1 Demand for sex

2.2.2 Force and active recruitment

2.2.3 State tolerating or legalizing prostitution

2.2.4 Cultural impact

2.3 Historical context of prostitution in world

2.4 Problems regarding Prostitution in Nepal

2.5 Reasons in favor of legalization of prostitution

1. Sex Workers Have The Right To Their Body32.

3. It Would Give The Sex Workers Employment Rights.

Everyone, who is legally employed, has minimum rights and

4. Legal Prostitution Would Reduce Violence And Sex Crimes.

As prostitution is a lucrative business. If the prostitution is legalized then the earning

In Germany, when they legalized prostitution, cases of human trafficking significantly

A lot of pro-decriminalization of prostitution believe that if people

2.6 Reasons against the legalization of prostitution

1. Legalization of prostitution is a gift to pimps, traffickers and the sex industry45.

2.7 Approaches to legal reform of prostitution

i. Prohibitionist – where all forms of prostitution are unacceptable and therefore

Prostitution has been legalized in countries such as the Netherlands, Germany,

Proponents of decriminalization argue that the cost of keeping prostitution illegal

2.8 Categories of prostitution offences

2.8.1 Laws aimed at the sex worker

 The act of prostitution (sale of sex for commercial purposes).

2.8.2 Laws aimed at third parties

2.8.3 Laws aimed at those who purchase commercial sex

2.9 Unregulated regimes

3. LEGAL FRAMEWORK ON LEGALIZATION OF PROSTITUION

3.1 Laws related with sex workers

3.1.1 International Laws

3.1.1.1 Universal Declaration of Human Rights, 1948

3.1.1.4 Convention on the Elimination of All Forms of Discrimination against Women,

3.1.1.5 Convention on the Rights of the Child, 1989

3.1.1.7 SAARC Convention on Preventing and Combating Trafficking in Women and

3.1.2.1 Constitution of Nepal, 2072

(2f) Freedom to engage in any occupation or be engaged in employment, establish and

Article33. Right to employment:

(2) Every citizen shall have the right to select employment106.

3.1.2.2 Muluki Ain, 2020

3.1.2.3 Some Public (Crime and Punishment) Act, 2027

3.1.2.4 Human Trafficking and Transportation (Control) Act, 2064

Acts considered as Human Trafficking and Transportation: If anyone commits any of

Section 15 (1b, 1d and 1e)

Table: 4 Result of Google survey in a whole.

Should prostitution belegalized? Is our present society ready to accept