Mili Rathor, Unitedworld School of Law, Karnavati University
ABSTRACT
Sex work has been one of the oldest profession since the inception of time. This Paper traces the long lasting prevalence of Prostitution and sex-work along Indian history and jurisprudence. It determines the cost of sex-work being a taboo and focuses on the women and girls trapped inside the trade. The purpose of this paper is to focus solely on victim justice. Every reform, suggestion, observation made within the ambit of this paper is a step towards victim justice for non-selective work. In the 21st century where the courts decriminalised s.377 and there is a wave of sensitisation towards the LGBTQ+ community, it is time that we realise that not just women and girls, there are transgenders, and men who are involved in such trades.
The paper entails the examination of the concept of ‘work’ and ‘labour’, and in what context one can be considered as a ‘worker’ or ‘labourer’. This is because if any at all profession is recognised under Indian labour laws, there is a huge possibility for underprivileged people subjected to any type of violation or abuse to come forward to avail their deserved work conditions. The paper finally proposes the Regulation and Legislation of Prostitution in India.
There are some provisions in the legislature which governs the practises of Prostitution but it leaves a series of gaps in addressing the matter comprehensively. It has been determined that there are sections of people who are most neglected and violated; and that there have not been many laws that deal with the concepts of restitution, rehabilitation and retribution.
