The abolition of prostitution is a gigantic task, because it is a centuries-old practice that has existed for too long. Although it has been described as illegal, it still continues. This could be due to a lack of law enforcement or an inability to restrict this practice. To combat this problem, the legalization of prostitution could be decided, because abolition seems to be a daydream. Various fiction films have dealt with the subject of prostitution in India, including Slumdog Millionaire (2008),[79] Chaarfutiya Chhokare (2014), Manoranjan (1974), Soothradharan (2001), Calcutta News (2008), Lakshmi (2014),[80] among others. The Prevention of Immoral Trafficking Act 1956 makes certain acts illegal. These acts include inciting prostitution, running a brothel or allowing certain places to be used as brothels, living off the income of a prostitute`s money, inciting or abducting a girl into prostitution, imprisoning girls in brothels, luring a person detained for prostitution, and engaging in prostitution within 200 metres of a public place such as: School. Colleges, temples, hospitals, etc. He added that there was no record that the applicants had lured a person into prostitution or that they were operating a brothel. “There is no legal provision that criminalizes prostitution per se or punishes a person for engaging in prostitution,” he said. What is punishable by law is the sexual exploitation or abuse of a person for commercial purposes and for a living. And if a person engages in prostitution in a public place or if a person recruits or seduces another person within the meaning of the law,” the court said. The Indian Penal Code of 1860 punishes child prostitution with ten years` imprisonment or a fine for a person convicted of buying or selling children for the purpose of prostitution.
The above activities such as maintaining a brothel, recruitment, trafficking and pimping are punishable by severe penalties such as severe prison sentences, for example, the minimum penalty for running a brothel is 1 year, a maximum of 3 years in prison and a fine of up to 2000 rupees. Pimping a girl for the purpose of prostitution is punishable by imprisonment for at least seven years, with the possibility of life imprisonment, seduction or incitement to prostitution shall be punishable by six months` imprisonment or a fine of Rs 500 for the first conviction and one year`s imprisonment or costs of Rs 500 for the second conviction. In addition, Section 370A of the Indian Penal Code punishes an offender for exploitation of a trafficked minor with imprisonment for five to seven years. The May 19 ruling sought to clarify the legal distinction between adults like Rai, who mutually choose to engage in sex work, and minors and traffickers, who cannot legally consent and be part of the trade. The three women were detained as “victims” and taken to the correctional facility. Subsequently, the mothers and other legal guardians of the three women applied to the District Court and applied for custody. However, the judge refused to hand over custody to their guardians. ITPA defines “prostitution” as the sexual exploitation or abuse of a woman for pecuniary purposes and a “prostitute” is the person who receives this commercial benefit.
The Indian Penal Code of 1860 also deals with prostitution, but is limited to child prostitution. However, it tries to combat activities such as kidnapping in general, kidnapping for the purpose of seduction and seduction of a person for sexual purposes, importing a girl from a foreign country for sexual purposes, etc. The issue of prostitution has become the order of the day, and government agencies are obliged to address this problem as soon as possible. Legalizing prostitution seems more practical and feasible than trying to abolish prostitution, as the government has been trying to do for decades and has barely reached that mark. The lives of prostitutes are sad and it is up to society to develop, which could be catalyzed by government institutions. The male prostitution industry is still not legally recognized and requires the attention it deserves. In this sense, laws should be amended to include men as well as women. Forced prostitution is where young children or adolescents are forced into prostitution due to many factors. The Indian Penal Code of 1860 punishes child prostitution, i.e. the sale and purchase of minors for the purpose of prostitution.
Article 372 of the Code provides for a prison sentence of at least ten years for anyone who sells a minor for prostitution. Article 373 of the Code provides for a ten-year prison sentence for the purchase of a minor for prostitution. The explanatory notes to these sections relate only to trafficking in underage girls and not boys. Prostitution is considered taboo in India, is not openly discussed and is often frowned upon. However, it poses a great threat to the fabric of Indian society as it weakens the institution of marriage, sexually transmitted diseases, abduction of girls, isolation of prostitutes from society, physical and psychological trauma, etc. There are reportedly about 38,000 sex workers in Delhi. The situation in Mumbai is more depressing. This creates an emerging need to control prostitution. Prostitution exists and will continue to exist despite prohibitions and legal status due to variables such as poverty and unforeseen circumstances. Some governments have explicitly banned prostitution, while others have attempted to regulate it by providing social and health services to sex workers. However, prostitution is not a criminal offence in India, nor is it a prostitute. However, prostitution is legal in India, but only with certain restrictions and restrictions.
In Joseph Shine v. Union AIR 2018 SC 1676, the Supreme Court of India has ruled that consensual sexual relations are not punishable under any law of the land. The court said: “An individual`s autonomy to make decisions about his sexuality in the most intimate areas of life should be protected from public censorship by criminal sanctions. The autonomy of the individual to make such decisions, which are purely personal, would be repugnant to any interference by the state to take actions that are supposed to be in the best interests of the individual. In 2006, it was proposed to amend the Law on the Prevention of Immoral Traffic and has not yet been implemented. The draft amendment removes provisions that criminalize prostitution through soliciting. This proposal recommends increasing penalties and fines. It intends to punish visiting a brothel for the purpose of sexual exploitation of trafficking victims with imprisonment of at least three months or a fine of Rs 20,000 that were not criminalized by law. The draft law provides for central and state authorities to combat human trafficking.
The term “trafficking in human beings” has been defined by a provision punishing anyone guilty of the offence of trafficking in human beings for the purpose of prostitution. A sex worker is punished under section 8 of the Prevention of Immoral Trafficking Act 1956 (ITPA) if he or she lured or recruits a person for prostitution. According to this provision, a sex worker is prohibited from doing anything that is likely to induce someone into prostitution. Critics oppose legal recognition of prostitution on moral and religious grounds, pointing the finger at high-ranking women who are victims of trafficking and sexual exploitation. Declaring that prostitution is not a criminal offence under the law and that an adult woman has the right to choose her profession, the Mumbai High Court ordered the immediate release of three sex workers held in a state reformatory in Mumbai. Brothels are illegal de jure, but in practice limited to certain areas of a particular city. Although the profession has no official approval, little effort is made to eradicate or hinder it. What is the penalty for child prostitution in India? In the Indian context, prostitution is not explicitly illegal, although it is declared unethical by the court, certain acts that facilitate prostitution are considered illegal and acts such as running a brothel, subsisting on money raised through prostitution, recruiting or inciting a person to prostitution, trafficking in children and women for prostitution, etc. are explicitly made illegal by the Prevention of Immoral Trafficking Act 1956 (ITPA). For example, sex racketeering is illegal, but private prostitution or receiving compensation in exchange for consensual sex without prior request may not be illegal. Nautch`s performing arts culture, an alluring style of folk dance, became known in the later period of the Mughal Empire and the reign of the British East India Company. During the Company`s reign (and after the Indian Rebellion of 1857 the direct administration of the British Crown), British military elements established and maintained brothels on the Indian subcontinent.[25] The prostitutes who worked in these brothels were recruited from rural Indian families and paid directly by the British authorities.