Evolution and Recognition of Sex Work a

Profession in India
History
As per the Indian history, the previous adaptations of prostitutes were
known as “Devadasi” who used to contribute their entire life to the
devotion of Lord Krishna. Some religious convictions resolve that the
Devadasis consider the Gods as their husbands and in this manner can’t
wed other human men. They were later called as “Nagarvadhu” or the
“Brides of the town” and were called upon by the royals and the rich to
dance and sing.

Laws related to Prostitution in India

As per the Indian context, prostitution is not explicitly illegal as it is not
specifically expressed prostitution to be punishable by law but few
activities related to prostitution such as running brothels, soliciting,
trafficking and pimping are all punishable offence in India under THE
IMMORAL TRAFFIC (PREVENTION) ACT, (1956). As per Section
2(f) of The Immoral Trafficking Act (1956) gives the definition of
“prostitution” as sexual exploitation or misuse of any persons for any
business purpose. Section 372 and 373 of the Indian Penal Code 1860
also deals with prostitution but it is restricted to child prostitution only.
Though under sections 366A, 366B, 370A of the IPC deals with
punishing for offences of procreation of minor girl, importation of girl
from foreign for sex and exploitation of a trafficked person respectively.
Thus under IPC laws related to prostitution is quite limited.
The legislation which put restrictions on prostitution is The Immoral
Traffic (Prevention) Act, 1956 (Act/ITPA).
Indian Penal Code, 1860 deals with prostitution as well but it majorly
deals with the kidnapping and child prostitution. It penalizes the buying,
selling and importing of minor for the purpose of prostitution under
Section 372 and Section 373. The Constitution of India prohibits
trafficking in human beings, beggars and other similar forms of forced
labor under Article 23(1) and any contravention of this provision shall
be an offense punishable in accordance with the law under Article 23(2).
Latest Judgement in favor of sex workers
Budhadev Karmaskar vs State Of West Bengal (2011)
On July 19, 2011, the court had ordered setting up of a panel headed
by senior advocate Pradip Ghosh as chairman to suggest measures to
prevent trafficking, rehabilitate sex workers who wish to leave it, and
also to make conditions conducive for sex workers who wish to
continue working to do that with dignity.
With the Centre yet to come up with a law on sex workers, the
Supreme Court, in exercise of its powers under Article 142, has
issued a series of directions on their “rehabilitation”, including for
sensitizing police to treat sex workers with dignity and to avoid
abusing them or subjecting them to violence. A bench presided by
Justice L Nageswara Rao also asked the Centre to spell out its stand
on recommendation by a panel appointed by it in 2011 to exempt sex
workers — who are adults and participates with consent — from
criminal action. No law yet, Supreme Court asks cops to treat sex
workers with dignity
“Prostitution is a profession like any other profession. Sex workers
are entitled to equal status and equal protection under the law of the
land”, said Supreme Court. In its May 19 order, the bench asked the
Centre to place its views in six weeks on recommendations on which
it had reservations. This came after Additional Solicitor General
Jayant Sood informed the bench that the government had “certain
reservations” on some of the panel’s recommendations.
Hearing the matter on May 19, the SC noted that in 2016 “the
recommendations were considered by the Government of India and a
draft legislation was published incorporating the recommendations”.
However, since the law has not yet been made, the court said it is
exercising powers under Article 142 to direct implementation of some
of the recommendations. The court said: “As the legislation has not
been made till date, even though the recommendations were made by
the Panel in 2016 and the said recommendations have to be
implemented, we are exercising our powers conferred under Article
142 of the Constitution, to issue the following directions which will
hold the field till a legislation is made by the Union of India.” It
directed that of the 10 recommendations, six of them which “relate…
to the rehabilitation measures in respect of sex workers and other
connected issues” be implemented and asked states and union
territories “to act in strict compliance of the recommendations”.
-By Yashi
(yashikumari.yk@gmail.com)