A POWER POINT PRESENTATION BY DR.SANGEETA CHOWDHRY & DR.SUNIL SHARMA DEPARTMENT OF FORENSIC MEDICINE & TOXICOLOGY GOVT.

MEDICAL COLLEGE, JAMMU

PROSTITUTION

There are many definition of Prostitution. The simplest definition says that it is an exchange of money for sexual purpose that is offering sexual intercourse for pay or in other words it is an act of sexual intercourse in exchange for money.

PROSTITUTION

Section 373. Buying minor for purposes of prostitution, etc. Whoever buys, hires or otherwise obtains possession of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, of knowing it to be likely that such person will at any age be employed or used for any purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

PROSTITUTION

Indian Penal Code (IPC) Section 372. Selling minor for purposes of prostitution, etc. Whoever sells, lets to hire, or otherwise disposes of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall be liable to fine.

PROSTITUTION

DIFFERENT KINDS OF PROSTITUTION

Street prostitutes Bar dancers Call girls Religious prostitutes Escort girls Road side brothel Child prostitutes Fricatrice prostitutes Gimmick prostitutes

Beat prostitutes

DIFFERENT KINDS OF PROSTITUTION

STREET PROSTITUTES

DIFFERENT KINDS OF PROSTITUTION

BAR DANCERS

DIFFERENT KINDS OF PROSTITUTION

CALL GIRLS

DIFFERENT KINDS OF PROSTITUTION

RELIGIOUS PROSTITUTES

DIFFERENT KINDS OF PROSTITUTION

ESCORT GIRLS

DIFFERENT KINDS OF PROSTITUTION

ROAD SIDE PROSTITUTES

DIFFERENT KINDS OF PROSTITUTION

CHILD PROSTITUTES

DIFFERENT KINDS OF PROSTITUTION

FRICATRICE PROSTITUTES

DIFFERENT KINDS OF PROSTITUTION

GIMMICK PROSTITUTES

DIFFERENT KINDS OF PROSTITUTION

BEAT PROSTITUTES

CAUSES OF PROSTITUTION
Ill treatment by parent Bad company Family prostitutes Social customs Inability to arrange marriage Lack of sex education, media Prior incest and rape Early marriage and desertion Lack of recreational facilities, Ignorance and acceptance of prostitution Economic causes include poverty and economic distress Psychological causes include desire for physical pleasure, greed, and dejection

CAUSES OF PROSTITUTION
ILL TREATMENT BY PARENT

CAUSES OF PROSTITUTION
BAD COMPANY

CAUSES OF PROSTITUTION
FAMILY PROSTITUTES

CAUSES OF PROSTITUTION
SOCIAL CUSTOMS

CAUSES OF PROSTITUTION
INABILITY TO ARRANGE MARRIAGE

CAUSES OF PROSTITUTION
LACK OF SEX EDUCATION, MEDIA

CAUSES OF PROSTITUTION
PRIOR INCEST AND RAPE

PRIOR INCEST

CAUSES OF PROSTITUTION
EARLY MARRIAGE AND DESERTION

EARLY MARRIAGE

DESERTION

CAUSES OF PROSTITUTION
LACK OF RECREATIONAL FACILITIES

CAUSES OF PROSTITUTION
IGNORANCE AND ACCEPTANCE OF PROSTITUTION

CAUSES OF PROSTITUTION
ECONOMIC CAUSES INCLUDE POVERTY AND ECONOMIC DISTRESS

CAUSES OF PROSTITUTION
PSYCHOLOGICAL CAUSES INCLUDE DESIRE FOR PHYSICAL PLEASURE, GREED, AND DEJECTION

GREED

DEJECTION

SOME SHOCKING FACTS ABOUT PROSTITUTION

It is the world's oldest profession.

SOME SHOCKING FACTS ABOUT PROSTITUTION

It existed across cultures and times.

MUMBAI ALONE BEING HOME TO OVER 100,000 PROSTITUTES

India has the largest market for prostitution in South Asia, with Mumbai alone being home to over 100,000 prostitutes. According to the Human Rights Watch report, 15 million prostitutes of varied age groups, live and work in India.

SOME SHOCKING FACTS ABOUT PROSTITUTION

Every hour, four women and girls in India enter prostitution, three of them against their will.

SOME SHOCKING FACTS ABOUT PROSTITUTION

A large number of prostitutes in India are minors.

SOME SHOCKING FACTS ABOUT PROSTITUTION

Trading in minor girls is rampant and has increased significantly in recent years.

SOME SHOCKING FACTS ABOUT PROSTITUTION

A significant portion of the sex workers in India are at the risk of being HIV positive. HIV/AIDS among prostitutes has emerged as a huge cause of concern. According to a WHO report of 2001, it is estimated that 50% of prostitutes in Mumbai (the city being hub to the largest number of prostitutes in the country) are HIV positive!

SOME SHOCKING FACTS ABOUT PROSTITUTION

Apart from red light areas, the trade is also carried out in the form of fake massage and escort service centres.

SOME SHOCKING FACTS ABOUT PROSTITUTION

All major cities in India have networks of call girls that are run like corporate companies.

SOME SHOCKING FACTS ABOUT PROSTITUTION

Prostitution crosses class lines.

SOME SHOCKING FACTS ABOUT PROSTITUTION

HOMOSEXUAL PROSTITUTION

FEMALE HETEROSEXUAL

Male homosexual prostitution has also existed alongside female heterosexual prostitution.

SOME SHOCKING FACTS ABOUT PROSTITUTION

The mythologies surrounding virginity and exploitation of young girls in prostitution and sex industry to supply virgin girls is a leading cause for child prostitution.

SOME SHOCKING FACTS ABOUT PROSTITUTION

Exploitative relationship with a pimp or a madam is another dark face of prostitution.

SOME SHOCKING FACTS ABOUT PROSTITUTION

Forced prostitution and human trafficking happens across the world especially in the developing countries.

SOME SHOCKING FACTS ABOUT PROSTITUTION

Cases of repeated rape leading to prostitution is very common.

SOME SHOCKING FACTS ABOUT PROSTITUTION

Criminalizing prostitution at the expense of the "female provider" but not enforcing the law to nab the "male customer" is a hard truth of selective law enforcement.

SOME SHOCKING FACTS ABOUT PROSTITUTION

Methods like raids, undercover police work, moral exhortation and prosecution are biased against the women.

SOME SHOCKING FACTS ABOUT PROSTITUTION

Elimination efforts focused only on the prostitutes and not their customers is the norm of the day.

SOME SHOCKING FACTS ABOUT PROSTITUTION

Elimination or legalization of prostitution and social issues attached to them are not addressed with an open and compassionate mind.

SOME SHOCKING FACTS ABOUT PROSTITUTION

Consensus and resultant action to eradicate child prostitution and forced prostitution is still not there.

IS PROSTITUTION LEGAL IN INDIA?

Yes Prostitution is Legal in India!!.........................................................

In India, prostitution itself (exchanging sex for money) is not illegal, but the surrounding activities (operating brothels, pimping, soliciting sex etc) are illegal.

THE LAW GOVERNING PROSTITUTION IN INDIA

The Law governing prostitution in India is Immoral Traffic (Prevention) Act which is a 1986 amendment to the primary law passed in 1956 {known as the Immoral Traffic (Suppression) Act}. The law does not criminalize prostitution per se but only organized form of prostitution is against the law. If a woman uses attributes of her body voluntarily and individually she goes unpunished.

IS PROSTITUTION LEGAL IN INDIA?

The current laws of India allow prostitution to thrive, but attempt to hide it from the public. The primary law dealing with the status of sex workers is the 1956 law referred to as the Immoral Traffic (Suppression) Act (SITA). According to this law, prostitutes can practice their trade privately but cannot legally solicit customers in public. Organized prostitution (brothels, prostitution rings, pimping etc) is illegal. As long as it is done individually and voluntarily, a woman (male prostitution is not recognized in the Indian constitution) can use her body's attributes in exchange for material benefit. In particular, the law forbids a sex worker to carry on her profession within 200 yards of a public place.

IS PROSTITUTION LEGAL IN INDIA?

Unlike as is the case with other professions, sex workers are not protected under normal labour laws, but they possess the right to rescue and rehabilitation if they desire and possess all the rights of other citizens. In practice SITA is not commonly used. The Indian Penal Code (IPC) which predates the SITA is often used to charge sex workers with vague crimes such as "public indecency" or being a "public nuisance" without explicitly defining what these consist of. Recently the old law has been amended as The Immoral Traffic (Prevention) Act or PITA. Attempts to amend this to criminalise clients have been opposed by the Health Ministry, and have encountered considerable opposition.

THE LAW GOVERNING PROSTITUTION IN INDIA

Immoral Traffic (Prevention) Act: The Immoral Traffic (Prevention) Act or PITA is a 1986 amendment of legislation passed in 1956 as a result of the signing by India of the United Nations' declaration in 1950 in New York on the suppression of trafficking. The act was then called the All India Suppression of Immoral Traffic Act (SITA), was amended to the current law. The laws were intended as a means of limiting and eventually abolishing prostitution in India by gradually criminalizing various aspects of sex work. The main points of the PITA are as follows:

THE LAW GOVERNING PROSTITUTION IN INDIA

Clients: A client is guilty of consorting with prostitutes and can be charged if he engages in sex acts with a sex worker within 200 yards of a public place or "notified area". (Imprisonment of up to 3 months,) The client may also be punished if the sex worker is below 18 years of age. (From 7 to 10 years of imprisonment, whether with a child or a minor )

THE LAW GOVERNING PROSTITUTION IN INDIA

Pimps and Babus: Babus or pimps or live-in lovers who live off a prostitute's earnings are guilty of a crime. Any adult male living with a prostitute is assumed to be guilty unless he can prove otherwise. (Imprisonment of up to 2 years with fine.)

THE LAW GOVERNING PROSTITUTION IN INDIA

Brothel: Landlords and brothelkeepers can be prosecuted, maintaining a brothel is illegal. (From 1 to 3 years imprisonment with fine for first offence.) Detaining someone at a brothel for the purpose of sexual exploitation can lead to prosecution. (Imprisonment of more than 7 years.)

THE LAW GOVERNING PROSTITUTION IN INDIA

Procuring and trafficking: A person procures or attempts to procure anybody are liable to be punished. Also a person who moves a person from one place to another, (human trafficking), can be prosecuted similarly. (From 3 to 7 years imprisonment with fine.)

THE LAW GOVERNING PROSTITUTION IN INDIA

Rescued Women Prostitution-free area"

Rescued Women: The government is legally obligated to provide rescue and rehabilitation in a "protective home" for any sex worker requesting assistance. Public place in context of this law includes places of public religious worship, educational institutions, hostels, hospitals etc. A "notified area" is a place which is declared to be "prostitution-free" by the state government under the PITA. Brothel in context of this law, is a place which has two or more sex workers. Prostitution itself is not an offence under this law, but soliciting, brothels and pimps are illegal home.

THE LAW GOVERNING PROSTITUTION IN INDIA

The law prohibits/criminalize-under some conditions mentioned in the upcoming slides

THE LAW GOVERNING PROSTITUTION IN INDIA

Seduction/solicitation of customer

THE LAW GOVERNING PROSTITUTION IN INDIA

Anywhere near a public place. In particular, the law forbids a sex worker to carry on her profession within 200 yards of a public place. (IMPRISONMENT OF UP TO 3 MONTHS WITH FINE)

THE LAW GOVERNING PROSTITUTION IN INDIA

Publication of phone number of call girls (IMPRISONMENT UP TO 6 MONTHS WITH FINE)

THE LAW GOVERNING PROSTITUTION IN INDIA

Organized form of prostitution i.e. a brothel, pimps, Prostitution rings etc.

THE LAW GOVERNING PROSTITUTION IN INDIA

A sex worker being below 18 years of age

THE LAW GOVERNING PROSTITUTION IN INDIA

Procurement and trafficking of women

WHY PROSTITUTION?

Most women who enter the prostitution industry dont do so voluntarily. Indian culture looks down at the idea of selling ones body for money or other material gains. Most women are forced into the industry for a variety of reasons the most common being poverty. A woman from a poor family, usually illiterate and with no skills to find a job chooses to enter this profession. For such women, an accidental encounter with a pimp is an opportunity to supplement the meagre family income or to educate their children. At times, poverty stricken parents sell their daughters to brothels in exchange for money. They think their girls would have a better life at a brothel at least better than the life they lead at home.

WHY PROSTITUTION?

Some women are lured into the job by dishonest relatives, friends, boyfriends and husbands. Since brothels buy women for money, acquaintances and lovers lure women on promises of marriage or job sand sell them to brothels. Women, whose mothers, sisters or other close friends or relatives are in the profession, are quite likely to become prostitutes themselves.

THE TRAFFICKING PROCESS

Every year, thousands of Nepalese girls and women are trafficked illegally across the IndoNepal border. Girls as young as nine year olds are bought for 1000 to 50,000 Rupees. Trafficking girls is rampant because the police fall for the money as well as offer to visit the brothel free of cost. Similarly, poor girls begging on roadsides in various cities of India are rounded up and taken to brothels.

THE TRAFFICKING PROCESS

At the brothel, they are subjected to a tutorial where they are taught how to keep their clients happy, and are also exposed to various kinds of pornographic content. They are repeatedly raped by the pimps if they do not agree to get in the trade consensually. Girls who dont cooperate and refuse to have sex are subjected to brutal, inhumane treatment. They are manhandled, tied up and hit, tortured, locked up in dark windowless chambers for days without food and water, and raped repeatedly until they give in.

LIFE IN A BROTHEL

Brothels normally consist of several rooms or chambers, with grilled windows, where women are locked up. It is a distressing sight, with women caged behind bars, with men looking into each chamber to find the woman they like best. The brothels look like shacks dark, melancholy, dirty and airless. Five to six years is the average work life of a sex worker, after this period she is too exhausted or diseased to work, or she has had children of her own.

THE GOVERNMENTS ATTITUDE

If there is any community that requires the governments assistance and rehabilitation, it is the prostitutes community. It is a sad fact but women are forced into the profession and imprisoned at brothels. It is incorrect to prosecute and punish a woman for working in a brothel, though it is illegal, because most women arent there out of their own free will. However, pimps and people involved in the trafficking process should be heavily penalized and punished.

Justice Dalveer Bhandari

JUSTICE AK Patnaik

NEW DELHI: The Supreme Court on 10th December, 2009 asked the Centre whether it could legalize prostitution if it wasn't possible to curb it. "When you say it is the world's oldest profession and when you are not able to curb it by laws, why don't you legalize it? You can then monitor the trade, rehabilitate and provide medical aid to those involved," Justices Dalveer Bhandari and AK Patnaik told Solicitor-General Gopal Subramaniam. "They (sex workers) have been operating in one way or the other and nowhere in the world have they been able to curb it by legislation. In some cases, they (the trade) is carried out in a sophisticated manner. So, why don't you legalize it?" the judges asked.

ARGUMENTS IN FAVOUR OF LEGALIZING THE SEX TRADE IN INDIA

The first and foremost argument put forth by the proponents of legalization of prostitution is that it is inevitable. The benefit is that we will have a track record of sex workers and thus can design a comprehensive strategy to combat the medical and other problems faced by them.

Here are some of the advantages of legalizing the prostitution industry in India:-

ARGUMENTS IN FAVOUR OF LEGALIZING THE SEX TRADE IN INDIA

It will help in ensuring proper rehabilitation of people engaged in the trade. Legalization of prostitution will also help in avoiding exploitation of the sex workers and their children by the middlemen. It will also help the workers to have access to adequate medical facilities for the treatment of their ailments. It will end the exploitation of minors.

ARGUMENTS IN FAVOUR OF LEGALIZING THE SEX TRADE IN INDIA

It will reduce the criminal and human trafficking activities associated with prostitution. Legalization will also reduce clandestine, hidden, illegal and street prostitution that is hazardous to life and good health. However, till the industry is actually legalized, it is essential that Indian laws be framed not only to curb the exploitation of the sex workers but also change the mentality of the people who indulge in such activities.

CONCLUSION...................

Legalization of prostitution is a debatable and ongoing controversy in India. However, it helps to remember that prostitution has flourished as an industry for so many years despite being illegal. Legalizing it, on the one hand, could push more women as well as pimps to enter the business. On the other hand, legalization gives the government and police authorities more control over the brothels activities; it may be possible to ensure that only women who want to work voluntarily are employed there, and that they receive payment, without being exploited or beaten. Also, women who have been forced into the business need to be rescued and rehabilitated. The need of the hour is to stop trafficking, because trafficking is a major cause of prostitution. 80 per cent prostitutes are trafficked or forced into the business. So let us all join hands to get rid of this social evil.

ANY SUGGESTIONS PLEASE...........