Prostitution is the oldest profession in India, but still looked on with disdain, still carried out mostly underground, still not legalized.
India is home to over six million prostitutes out of which about 25% are minors. In addition, each year, thousands women and children are trafficked from Bangladesh and Nepal.
The practices are extremely oppressive and incompatible with universal standards of human rights and are carried out in hidden (underground) places. Various middlemen are involved such as pimps or agents and the brothel owners who harass and exploit sex workers.
Moreover in India the problem of HIV/AIDS is menacing, And prostitution has emerged as one of the greatest passage for the virus to spread. The government estimates that eight per cent of sex workers nationally are infected with HIV, which is almost nine times higher than the overall HIV prevalence rate among Indian adults.
Sex workers are also harassed by police, who may also play the role of pimps. And to top it all the society very conveniently alienates them.
Measures have been taken by the government ,in the past ,to improve the condition of sex workers in India. The Immoral Traffic (Prevention) Act, 1956, makes trafficking and sexual exploitation of persons for commercial purpose a punishable offence. Although the Act was amended twice (1978 and 1986), it did not prove to be an effective deterrent to trafficking or sexual exploitation for commercial purposes.
The Immoral Traffic (Prevention) Amendment Bill, 2006 aims to punish traffickers and provide for stringent punishment to offenders.
The Bill deletes provisions that penalised prostitutes for soliciting clients. It penalises any person visiting a brothel for the purpose of sexual exploitation of trafficked victims.
All offences listed in the Bill would be tried in camera, i.e., the public would be excluded from attending the trial.
The term "trafficking in persons" has been defined with a provision for punishing any person who is guilty of the offence of trafficking in persons for the purpose of prostitution.
The Bill constitutes authorities at the centre and state level to combat trafficking.
The draft of the amendment, though has its flaws and therefore appears to be vague. For example, while prostitution is not an offence, practicing it in a brothel or within 200 m of any public place is illegal. There seems to be a lack of clarity on whether prostitution is a legitimate way of earning a living if entered into by choice. Also, penalizing clients who visit prostitutes could drive this sector underground, preventing legal channels to support victims of trafficking. the draft has many such loopholes making the amendment nothing but an abstraction.
The concept of decriminalization of prostitution has been subject to national debate for quite some time. The very concept is morally unacceptable for many, attributed to the great Indian hypocrisy. Their argument being that even in countries where prostitution is not illegal,sex workers dwell under same conditions. Very few of them rationally analyze the clauses of the bill and give workable alternatives. Madhu Kishore {editor, manasi}does not agree with the bill and finds serious problems in it. She says she would not want a brothel to open up next to her house , but would want separate communities,{like the tawayafs or courtesans had} where the sex workers can operate without the fear of being harassed by the police{ie; police has to be kept out of that area}.
Nevertheless there are people who support the concept. Filmmaker Sudhir Mishra believes that in a non ideal world, the sex workers must have access to the legal system like any other individual and therefore it should be legalized.
Most arguments in favour of its legalisation are based on trying to distinguish between “free” and “forced” prostitution and trafficking, which still remains extremely debatable. But as per my comprehension of the whole issue, I see the merits of the concept overshadowing the demerits. By legalizing prostitution ,the sex workers would be allowed human, legal, economic and civil rights, including the right to police protection, employment and health benefits, pensions, to form co-operatives and trade unions. The issue of AIDS can be dealt with more firmly as it can be hit at the roots itself. The condoms, contraceptive pills, medical facilities, other support can be given in more organized way. The problem of child prostitution can be handled better. Women will not be harassed by the police, they will work in certain zones and will be issued licences; their names will be in the government records. The flaws in the bill can be seriously worked upon. This is the least we can do to improve the condition of such a large section of the society.
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