Prostitution In India: Protection Of Rights Of Sex Workers In The Current Legal System

Abhishek Bhamu, Gujarat National Law University

Avani Verma, National Human Rights Commission

INTRODUCTION

The roots of Prostitution in India is one of the oldest as it has been prevalent in Indian societies since ages. So much so that its existence is evident in the historical texts and art forms. It has been one of the most debatable topics of all time and the most fundamental question attached to this topic is whether the sex worker have the basic human rights and fundamental rights in the present legal system or they are just seen as an object for sexual needs. There have been times when the supporters of legalisation of prostitution have come forward and have demanded it to be declared as a normal profession, however, no steps have been taken in this regard. Still there is a glimmer of hope that the sex workers are entitled to basic rights and there have been a one or two progressive judicial decisions on the same.

It is pertinent to note that there are prostitution rackets running in India which are mostly liked with trafficking and sexual abuse of women. This issue is so grave and prevalent that legalisation of it has both upside and downside. The sex workers who are involved here are often the victim of denied fundamental rights, societal isolation and stigmatisation. The supporters of legalisation of prostitution have often associated this cause with health issues of the workers who are often the victims of health complication such as sexually transmitted diseases, unwanted pregnancies, etc. One of the positives of legalisation is that the sex workers will be given a set of recognised rights and would be governed by a proper legal system. It may also reduce the amount of exploitation. The sex workers and their rights have often been neglected for various reasons which is not only inhumane but also in violation to the Constitutional provisions of our country.