Legalising Prostitution- From India To The World, Both Sides Of A Coin, Continuous Debate And No Conclusion
- IJLLR Journal
- Jun 18
- 2 min read
Sibani Pattnaik, BA LLB (H), RSLA, The Assam Royal Global University, Guwahati
ABSTRACT
Globally, the issue of legalising prostitution continues to provoke intense debate across public health, ethics, human rights, and legal domains. This study examines the complex nature of prostitution laws through international case studies from New Zealand, Germany, and Pakistan, as well as a comparison with India’s intricate legal framework. While some countries uphold strict prohibitions due to concerns about trafficking and morality, others adopt decriminalisation or full legalisation to grant sex workers basic rights and protections.
Supporters of legalisation argue that it fosters safer working conditions, improves healthcare access, reduces police harassment, and allows sex workers legal recourse. New Zealand’s decriminalisation model offers sex workers equal labour rights, promoting autonomy and reducing violence and stigma. Critics, however, caution that legalisation may expand the commercial sex market, normalize exploitation, and increase trafficking, particularly in patriarchal societies where women are more vulnerable. In India, prostitution is not illegal, but associated acts like brothel management and public solicitation are criminalised under the Immoral Traffic (Prevention) Act, 1956, creating a legal paradox. This ambiguity contributes to unsafe conditions and police abuse. Interviews with legal experts and corporate professionals present mixed views—some advocate for recognition and protection of sex workers, while others express concern about persistent societal stigma and potential for increased abuse.
The analysis concludes that mere legalisation without broader social reform may yield limited benefits in India. Deep-rooted patriarchal norms, lack of sex education, and moral policing of female sexuality continue to marginalise sex workers. Unless these structural issues are addressed, legal recognition alone cannot ensure dignity, equality, or safety. Ultimately, any policy on prostitution in India must be anchored in human rights, public health, and inclusive development, supported by continuous monitoring and responsive governance to avoid unintended harms.
Keywords: Prostitution, Legalization, Decriminalization, Indian perspective, World view
