Mansi Khatri, BA LLB, Jindal Global Law School
Introduction
The subject of sex work has been a contentious issue in the realm of socio-legal discourse for numerous years. This pertains to matters concerning human rights, gender disparity, exploitation, personal agency, autonomy, and individual entitlements. An ancient occupation that has been documented since the inception of structured communities. Sex work has been a persistent issue in India, dating back to ancient times and continuing to be a contemporary concern. Regardless of its status as the purported 'world's oldest profession', engaging in such activities remains morally objectionable. On the contrary, society asserts that prostitution serves as a necessary measure to prevent incidents of sexual assault and non-consensual sexual activity. The exist multiple legal statutes aimed at safeguarding individuals from instances of non-consensual sexual advances subsequent to the explicit expression of refusal. The year 1956 saw the enactment of the Immoral Traffic (Suppression) Act, which prohibited the public practise of prostitution while permitting its practise in private.
The article 14 of the Indian constitution talks about equality for all. The lack of recognition and equitable treatment of individuals engaged in prostitution within society may be attributed to the nature of their work or profession. However, it is important to consider those women who have entered this line of work due to circumstances of vulnerability and destitution. This is the common understanding among people, the case of Kajal Mukesh Singh & Ors. vs. State of Maharashtra1 states that sex work is not an offence and every women has a right to choose her vocation. The Focal Social Government Assistance Board has categorised the socio-social factors contributing to prostitution and illegal exploitation into various perspectives. These include instances of abuse or abandonment by guardians or by a spouse, adherence to social traditions such as the Devdasi, widowhood and restrictions on widow remarriage, as well as social or personal reasons such as the low status of women in society or inability to arrange marriage, or violations through interbreeding.2 Despite the fact that prostitutes are often marginalised and confined to certain areas, they are legally entitled to access public spaces.
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