WHY PROSTITUTION IS CONSIDERED IMMORAL OR AGAINST PUBLIC POLICY IN

INDIA?
Though today it is legal to practice prostitution but it is viewed as an unethical activity in the
society as prostitutes are kept away from public places, they are being harassed, discriminated by
the society and progression of prostitution as a profession has eroded its status as sex workers are
not even considered worth of respect in our society. Conservatives and Religious people believe
that practice of prostitution is an unethical act and against the public policy in India the reason
being that selling their bodies as a commercial work for money is bad for society and reducing
sex to a mere financial transaction erodes the sanctity of human relationship, marriage and the
family. Even though, some women consent to work in brothels for money, but it undermines the
modesty of women as they are considered to be a mere commodity who can be bought, sold and
abused in exchange of money. It would not only include those who willingly do this, but there
are many who does not choose this profession by themselves rather they are being forced and
coerced to go into this out of necessity, sometimes to fulfill the economic hardships of the family
and some do after being disowned by their family as surveyed by an NGO. It is unlawful because
many a times women and girls are usually trafficked for the purpose of carrying out prostitution
in exchange of hefty amount of money, where they are being raped, tortured and oppressed every
single day. Opponents of prostitution are of the opinion that if this practice continues it would
send a very wrong message to generations of men that women are nothing but a mere commodity
and sexual slave of a man who can be used for sexual pleasure. Since majority of prostitutes are
women, so continuing this practice would strengthen their oppression by male dominated
societies and it will cause outrage to the concept of gender equality.

On the other hand making prostitution more on disadvantegous side as they will have multiple
partners which will increase the risk of sexually transmitted diseases. Many a times clients do not
use protection while being in a sexual activity which would cause unwanted pregnancies.
Children born from that are considered as illegitimate child that destroys their meaning of life as
they can’t play like other child, they can’t go to school and study, they can’t live their life like
others because everywhere they have to face the humiliation from society and forced to live their
whole life with this guilt. Then who will raise their voice in support of those children who never
opt to get into all this, who will make sure that these children will get equal treatment like others,
would every single parent allow their child to play with them? Can the support of people in
favour of prostitution be able to get away with all the problems and remove the stigma of
immorality from this profession of prostitution. NO. It is considered as immoral and will always
remain immoral.

RIGHT TO PRACTISE PROSTITUTION AS A PROFESSION

India is a democratic country and the essence of democracy lies in its motto – “by the people, for
the people and to the people” and this essence is derived from the powers guaranteed to its
citizens by the state in the form of six major fundamental rights enshrined in our Indian
Constitution. Out of these six major fundamental rights, one such is covered under Article-19(1)
(g) which states that all citizens have a right to practice any profession, or to carry on any
occupation, trade or business and the ambit of this article is wide enough to cover all forms of
profession to earn livelihood by whatever means which also allows anyone to practice
prostitution as a profession. There used to be many debates happening around the globe whether
prostitution can be considered as a profession and many feminists people also came forward to
get the status of right to carry out prostitution as a profession and indeed from time to time
legislature and judiciary stepped in for the rescue of sex workers and also came up with the law
that regulate prostitution in India that is Immoral Trafficking (Prevention) Act, 1956. It is the
main statue which deals with prostitutes in India and the major protection it provides is that it
does not criminalize prostitution. But unfortunately in spite of above enactment, the Indian law
proved to be unsuccessful in providing the right to carry out this profession and also in protecting
the rights and safety of people involved in prostitution because this so called legalized profession
has still not get the same status and respect like other profession does. Today, though prostitution
as a profession is legalized but it is legal on papers only because our so called Indian society still
see this practice through evil eye and not only recognized this profession as a disgraceful act but
they considered sex workers as characterless and black mole who are making the whole world
impure. This guilty mindset makes it difficult for sex workers to carry out this profession with
dignity and deprived of the rights that they deserve being a citizen of India. It is an untold fact
that society has remained indifferent on this issue and still considered prostitution as a form of
taboo hence it not recognized as a morally acceptable profession, but it fails to take into
consideration the truth that they opt for this profession because our system and society failed in
such a way that they have to sell their own bodies to make their living hence, a lot of humiliation
and stigmatization is faced by those involved in the sex trade. Therefore, though we have
covered a midway and granted prostitution as a right to profession but still there is a long road to
reach the final destination, where the sex workers can live with dignity and respect like others
do.

The main statute that deals with prostitution in India is Immoral Trafficking (Prevention) Act,
1956. But in spite of the said legislation, the authorities failed to regulate the said profession and
proved to be unsuccessful in providing sex workers the safety and basic human rights to the
people involved in the sex trade. Therefore, if the prostitution is criminalized it will not only lead
to deprivation of their basic fundamental right such as Right to profession as mentioned under
Article 19(1)(g) of the Indian Constitution and also it will lead to violation of Article 14 i.e.,
Right to equality because they will be discriminated everywhere and will be bereaved from
getting right to fair and equal treatment. Moreover, their right to live a dignified life provided
under Article 21 will also be snatched away because it will ultimately prevented them from
getting proper healthcare facilities which will lead to rampant spread of sexually transmitted
diseases like HIV-AIDS and many others, right to get education and safety standards as well.
Furthermore, Sex workers will become the more abused and less respected people of the society
as they are called characterless women who sell their body just for the sake of money. Lastly, as
everyone knows every coin has two faces, pros and cons, so does legalizing prostitution have.
But that path should be approached and accepted which will have less disadvantage. Hence, if
prostitution as a profession is criminalized it will do more harm then good which can’t be fair for
sex workers.

Recently Supreme Court passed a landmark judgement delivered by bench of three judges and it
recognized prostitution as a profession and said “Notwithstanding the profession, every
individual in this country has a right to a dignified life under Article 21.” The apex court in its
order gave six guidelines for safeguarding sex workers rights, stating they are entitled to equal
protection under the law and every individual in this country has the right to live a dignified life
under Article 21 of the Indian Constitution, irrespective of what they do. The court ordered that
police officers should not arrest, penalize, harasse and discriminate sex workers because
voluntary sex worker is not illegal as per the Indian Penal Code. The order mandates that police
take the complaint of sex workers seriously whether it’s of sexual or of another nature. The court
also instructed that if any sexual worker is a victim of sexual assault he/she will be given same
services as a survivor of sexual assault, including immediate medical attention.

Why this judgement is significant?

Sex workers in India face sexual violence, emotional abuse and physical assault by clients. They
have to face the humiliation and discrimination from society which lead to their marginalization
from communities. Their living conditions are very much deplorable which affect their health
very badly and lead to increase in number of health related problems. In light of all these
problems, it appears that Supreme Court judgement is a ray of hope for them. The Supreme court
also hopes to remove the stigma and concept of immorality attached to the profession of
prostitution.