International Models Of Sex Work Decriminalisation: Lessons For India
- IJLLR Journal
- May 31
- 1 min read
Ayushman Tiwari, University of Lucknow
ABSTRACT
The regulation of sex work remains a deeply contested area of legal policy globally, with profound implications for the human rights, safety, and well being of sex workers. This paper undertakes a comprehensive comparative analysis of three distinct international models governing sex work—full decriminalization as exemplified by New Zealand, legalization as adopted in Germany and the Netherlands, and the Nordic model of criminalizing clients pioneered in Sweden. Drawing on legislative frameworks, empirical research, and documented outcomes spanning two decades, the paper evaluates each model against rights based criteria including protection from violence, access to justice, health outcomes, freedom from discrimination, economic rights, and respect for agency. The analysis reveals that the decriminalization approach demonstrably outperforms alternatives in reducing violence, enabling access to legal remedies, and respecting sex workers' self determination. The Nordic model, despite its humanitarian rhetoric, raises serious concerns about increased violence exposure and reduced access to justice, while European legalization has faced criticism for failing to sever the connection between sex work and trafficking. For India, where the Immoral Traffic (Prevention) Act, 1956 creates a paradoxical legal environment that criminalizes the conditions of sex work without directly prohibiting the act itself, these international experiences offer crucial lessons for law reform. The paper argues that decriminalization, thoughtfully adapted to India's constitutional framework, federal structure, and diverse social context, provides the most viable pathway toward a rights based approach that protects sex workers from exploitation while respecting their dignity and agency.
Keywords: sex work, decriminalization, legalization, Nordic model, India, human rights, comparative law, Prostitution Reform Act 2003, Immoral Traffic Prevention Act
