Manushri Bhat, School of Law, Christ (Deemed to be) University
ABSTRACT
The Devadasi system has been a part of the Indian culture from time immemorial. However, many factors, including the advent of the British in India, have significantly transformed the “act” which was respected and revered into that of a commercially exploited form of occupation with next to no social standing. Thus, this devadasi system has transitioned to what we now call prostitution, for which the laws, or the lack thereof, are murky and vague. This paper is a critical analysis of the position of prostitution in India and the laws that govern it, which calls for extensive deliberation on its legality, constitutionalism, and flexibility. Further, the lack of clarity or the existence of concrete legislation governing every aspect of this profession leaves it in a grey area without due care towards the worker’s mental sanctity and lack of transparency in all activities caused by means devised to evade the law which is ambiguous in itself. Along with analysing the operative nuances of the statutes, including the Immoral Traffic (Prevention) Act, 1956, the paper also discusses the professional immobility faced by the workers in today’s world, while further diving into the philosophy surrounding the object of the profession in itself; if it can be so considered moral under John Stuart Mill’s Harm principle. However, the absence of bridging the gap by constitutionalizing such judgments to remain mere judgments could further create disparities in the system. An exploration has thus been done to understand the thin lines between the layers that overlap morality, social norms, and structure that undoubtedly affect the legal system.
Keywords: Prostitution, immoral traffic prevention act, constitutionalism, morality, court judgments
