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Writer's pictureUnique Law
Jul 6, 20224 min read

PROSTITUTION AS A PROFESSION

Updated: Jul 13, 2022


Introduction

Prostitution is the act of engaging in sexual activities with anonymous people in exchange of on hand payment or equivalents. Rudyard Kipling considered prostitution to be one of the “world’s oldest profession”.[1] Its existence can be traced back to 1890s. Even in the ancient literature, like Vedas the mention of prostitution can be seen. Mostly they were referred to as Maneka or Urvashi or Veshya.[2] Even after the existence of this profession for centuries, people look down at it and fail to give it proper recognition.

In the year 1956, the Indian legislature introduced Immoral Traffic (Prevention) Act. This act defines the profession as sexual exploitation of female for the purpose of getting money in hand. Under this act, the profession of commercial sex or prostitution was allowed to be carried out in private. To indulge in the act of prostitution, at least 200 yards distance was supposed to be kept from any public area. Looking down at their profession, the commercial sex workers have no rights to be included under any existing labour laws. Under this act, the prostitutes or sex workers are given strict guidelines to be followed, on violation of which they would be liable for an imprisonment of six months or penalty or both.[3]


Supreme Court on Prostitution

Since decades, prostitutes or sex workers are leading a degraded life. Even though prostitution is legal in India, the sex workers being harassed by police is a common Indian scenario. This is a hit on the constitutional right to live, covering all the basic aspects that a person should have in order to enjoy the course of living. Therefore the major question that arises here is, are the prostitutes or sex workers enjoying their fundamental right to live with human dignity or are they being entitled to equal respect from the state like every other citizen is receiving.

In the year 2011, the Supreme Court ruled in the famous case of Budhadev Karmaskar vs. State of West Bengal that even prostitutes under Article 21 have the right to live with dignity. The court addressed their concern and said that sex workers are humans too and therefore it is their fundamental right to be able to live with dignity and respect.[4]

On May 19th 2022, the Apex court recognised prostitution as a profession, giving it the equivalent dignity and status like other profession. This verdict has opened up doors for sex workers to get legal protection under law against harassment. The Supreme Court has clearly informed the police to take cognizance of any complaint made by the sex worker. It has been stated in the recent guidelines that a prostitute is covered under the definition of worker and therefore the laws relating to work place harassment or sexual assault will apply mutatis mutandis to the sex workers. . Other than this an improvement in healthcare condition or medical subsidies which are provided to various professionals are also in light.[5] As prostitution will now enjoy the status of a profession, government officials must take into account the suggestions of the sex workers before making any decision that will impact the commercial sex workers, or before formulating any related law.

The bench of Justice L. Nageswara Rao, B.R Gavai and A.S Bopanna have given strict orders to police that if an adult is indulging herself in commercial sex at her own will, then the police should not harass them in any kind or stop them from carrying out their profession as every person have the right to practice the profession of their choice and also live their life with human dignity. In case a commercial sex worker or prostitute falls victim to any sexual assault, then immediate medical care must be provided. The court also restricts the police not to abuse the sex workers verbally or physically or resort to any sort of violence. If a minor is found to be residing with a commercial sex worker, it would be wrong to assume that the minor is a victim of child trafficking. Proper details must be taken into account by the investigating agencies before jumping unto a conclusion.

In case of a raid by the police the commercial sex workers should not be arrested as the status of prostitution as a profession is legal in India. At the same time, running a brothel or earning money from the sex workers is considered illegal. So in case there is raid at a brothel, instead of the sex workers, the person in-charge of the brothel or the person running the brothel should be arrested and taken into custody.

Taking the inappropriate media behaviour, the Press Council of India has also been given guidelines to follow while dealing with commercial sex workers or prostitutes. Identities of commercial sex workers should be dealt delicately so that their identities are not disclosed or published. In case the identities are disclosed or published, this act would account to voyeurism, which is a criminal offence under section 354C of Indian Penal Code.[6]


Conclusion

The recent Supreme Court verdict has not only given prostitution the status of a profession, it has also acted as a ray of hope for those sex workers or prostitutes who work in miserable conditions to earn a living. Even after prostitution being legal in India, an air of secrecy surrounds it. This isn’t the end, the violent behaviour of the law officers adds to the agony of the sex workers, making their life even more miserable. The guidelines issued by the Apex Court has lessen the misery and sufferings of the sex workers.. The Supreme Court is yet to give its final verdict on the matter and its next hearing will be held on July 27th 2022. The whole of India is eagerly waiting to hear more about the topic and hopes that the guidelines are implemented and followed properly to uplift the condition of the commercial sex workers in India.



~Authored by Arkarupa Roy and Saheli Samanta


References




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