Navigating The Evolution Of Socio-Legal Rights Of Prostitutes In India: A Jurisprudential Analysis
- IJLLR Journal
- 15 hours ago
- 2 min read
Ahaana Kashyap, O.P Jindal Global University
ABSTRACT
Considered one of the oldest professions in the world, prostitution often spurs heated controversy surrounding the battle between a woman’s sexual freedom and protecting her from commodification. Different legal philosophies and diverse schools of thought within feminism hold distinct view points on sex work. Owing to the changing notions on modesty and sexual morality with time, the discourse around prostitution has experienced transformation in different eras in India. This paper explores the different debates surrounding prostitution and how the legal paradigm has experienced a shift from viewing sex workers as immoral subjects to conferring them with equal rights.
History of Prostitution in India
Prostitution is one of the oldest professions of the world practiced since the birth of organized society. In India, the history of sex work is complex, often integrated with socioeconomic factors and cultural norms. Prostitution is attributed as an organized and established institution in the Vedas, the earliest of the known Indian literature. Attitudes towards sex work became increasingly stigmatized owing to the advent of colonial rule and the imposition of Victorian morality in India. This act was initially enacted to contain the spread of venereal diseases amongst European soldiers, the source of which was believed to be the common prostitutes. Post Independence, India inherited a legal framework that continued to criminalize aspects of sex work under laws like the Immoral Traffic (Prevention) Act, 1956 (ITPA). While the legislative intent was to combat trafficking and exploitation, these laws often blurred the distinction between voluntary sex work and trafficking, leading to the further marginalization of sex workers and the perpetuation of stigma. The origin of this act can be traced to the UN convention for the Suppression of Traffic in 1953. The primary drawback of the act is that it assumes the sole cause for all prostitution to be trafficking. The Indian legal paradigm has witnessed a shift from viewing sex workers as immoral subjects to conferring upon them legal rights for integration into the society.
