PROSTITUTION IN INDIAN SOCIETY: ISSUES, TRENDS AND REHABLITATION

• Dr. Tulsing sonwani

Associate Professor
Govt. College chhura
Distt. Gariaband

Purely from the angle of economic return, the hard question is not why so many
women become prostitutes, but why so few of them do.

- K. Davis (1937)

Female prostitution is perhaps the oldest profession all over the world. Alas, it is
perhaps the most hated profession. Hated in the sense that people who visit them actually enjoy it,
but in society, they pretend otherwise.

As a concept, prostitution has been defined by social scientist in different ways

depending on the extent of its prevalence. The most widely accepted definition; however, is the
one given in the encyclopedia of social science which defines prostitution “as the practice in
which a female offers her body for promiscuous sexual intercourse for hire etc. However, a new
definition has been coined for the word ‘Prostitution’ in the Government of India’s “Prevention of
Immoral Traffic Act-1987, which now means “Sexual exploitation or abuse of persons for
commercial purposes.”

Prostitution is one of the oldest professions of the world practiced since the birth of the organized
society. Prostitution is practiced in almost all the countries and every type of society. In India, the
Vedas, the earliest of the known Indian literature, abound in references to prostitution as an
organized and established institution. In Indian mythology there are many references of high-
class prostitution in the form of celestial demigods acting as prostitutes.They are referred to as
Menaka, Rambha, Urvashi, and Thilothamma. They are described as perfect embodiments and
unsurpassed beauty and feminine charms. They are highly accomplished in music and dance.
They entertained divinities and their guests in the court of Lord Indira, the Lord of Hindu Gods.
They were also sent to test the real depth of ‘tapasya’ (penance) and devotion of great saints
(Biswanath, 1984).

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*Assiatant Regional Director,IGNOU Regional Centre , BHU,Varanasi (U.P.).

* Assistant Professor, Deptt of Sociology, Pt. Ravi Shankar Shukla University,Raipur,Chhatisgarh.

 An apsara named Menaka caused the downfall of the great sage Vishwamithra, and
became the mother of Shakuntala, the immortal heroine of the greatest drama of the world,
Abhiguan Shakuntalam written by the great poet Kalidas of India. Aryan rulers of India
followed the system of celestial court and developed the system of guest prostitution. They
presented well-accomplished maidens in token of friendship of kings. They were also offered as
ransom to the victor to part with his most beloved prostitute. Empires fell and came up for her
sake. Another class of girls from infancy were carefully selected and fed on poisonous herbs and
venomous foods. They were called Vishkanyas (Poisonous virgins). They kings to destroy their
enemies utilized these prostitutes (Biswanath), 1984).

Prostitutes were common during the reign of the Pandavas and Kauravas (Historical
Indian rulers). They were an important part of the court and both dynasties possessed harems of
aristocracy in Brahmanic India. Having concubines is common among the aristocracy. Kautilya’s
famous ‘Arthasasthra’ contains rules for prostitutes and their activities and gives an account of
how prostitutes should behave and how their lives are ordered. A code of conduct was prescribed,
for people seeking their favor and for them. They had certain definite prerogatives, rights and
duties. Vatsyayan, the noted Indian sage of the Third century B.C. devoted a number of pages on
prostitutes and their amorous ways of life in his monumental treatise Kamasutra. Rules of
conduct for popular and successful practice of their trade have been prescribed. His classification
of the prostitues indicates that the common, private, private and the clandestine prostitutes of
today had their prototypes in those olden days (Biswanath, 1984).

The sanctified prostitution in the third century A. D. in the Sanskrit works of Mahakavi
Kalidas. Religious prostitutes were attached to the famous temples of Mahakala of Ujjain and the
system of holy prostitutes became common.This class consisted of girls who had been offered by
the parents of the service of the God and their religion. In the south Indian, They are known as
Devadasi and in North India as Mukhies. These dancing girls were considered essential at the
time of offering of prayers and were given a place of honor. Gradually due to the laxity of morals
among the priests, they misused the systems for immoral purposes. Under the garb of religious
dedication of girls to temples, clandestine prostitution developed. The medieval period gave great
importance to women and wine. The Muslim rulers with the exception of Aurangazeb recognized
prostitution and the profession flourished under royal patronage. The word ‘Tawaif’ and ‘Mujra’
became common during this era. During the Mugal era in the sub-continent, prostitution had a
strong nexus with the performing arts. Mugals patronized prostitution which raised the status of
dancers and singer to the higher levels of Prostitution. King Jahangir,s harem had 6,000 mistreses
which denoted authority, wealth and power. After the downfall of the Mughal Empire, hoards of
concubines, dancing and singing girls women came out of the royal palaces. They were not
trained for any profession and society had no jobs to offer them. When faced with economic
problem they had no choice but to take recourse to the laziest of all the trades, the trade of sex.
The place of women in India did not improve during the British regime. Conditions continued to
deteriorate and in the absence of state control and regulation prostitution thrived on a large
commercial scale. Social disabilities and economic hardships of women made them an easy
victim to the gangsters of this profession (Biswanath, 1984). This shows that prostitution existed
in India in some form or the other from time period to period and the evil has continued to persist.

Types of Prostitutes

Generally prostitutes can be classified on the basis of their ‘modus operandi’ which is as follows:

* Brothel Prostitutes: Their operations are carried out in the brothel which is owned by
an ex – prostitutes. The prostitutes work for a commission based on her sexual service.

* Call Girl Prostitutes: They generally operate independently from her place. She may
be available directly or solicit customers through middlemen.

* Street Prostitutes:This type solicits customers on the streets and takes the customer to a
place of assignation.

* Other Types: Clandestine forms of prostitution are also found in bare, message parlors,
amusement centers, dance clubs etc.

Factors Conducive to Prostitution:

It is rather difficult to enumerate as identify all factor conducive to prostitution

because it has often been argued that prostitution has it’s roots deep in the fabric of society. The
social and economic subordination of women by men has often been cited amongst the important
causes leading to prostitution.

Some research studies suggested the following factors to be conducive to

prostitution:

1. Abduction: This is the most common cause. Young girl are abducted from their villages /
negative places on some or other pretext, exploiting their innocence. Some of these are
going to movies, cities, temples / pilgrims, making them film-stars offering job
opportunities and marriage. Contrary to common beliefs, most kidnappers are females or
couples. Incidence of prostitution through abduction is estimated to be 35 percent.
2. Devadasi System: The inhuman system of prostitution with religious sanction
“Devadasin System” still continues to florish in the so called progressive and democratic
 country. Every year thousands of girls are dedicated to goddess ‘Yellamma; ‘Renuka’
(mostly in the State of Karnataka and Maharashtra) and after a brief period of
concubinage, they become accessible to urban-prostitution. Within these mechanics we
find, that three socialized instruments perpetuate the fates of these women, namely
economic organization, brute force and the religious rituals. Devadasi System contributes
to about 10 per cent of total prostitution in India. The percentage of Devadasi is amongst
the Bombay prostitution is 15-20 per cent; in Nagpur, Delhi and Hyderabad 10 per cent in
Pune it is 50 per cent and in the urban centres bordering Belgaum Dist. (Kolhapur,
Sangli, Satara, Miraj, etc.) it is upto 80 per cent of total prostitution. Devadasi System
contributes to 20 per cent of the child prostitution and moreover it legitimizes the practice
of putting them to prostitution.
3. Rape: About 6 per cent of the girls entered prostitution after the incidence of rape. Rape
on the girls is a great social stigma and in some circumstances, the victims of rape are not
even accepted at home. Apart from the delay or even absence of justice, the victims have
to face similar incidents every now and then. When they don’t find any safe place in
society and don’t foresee any better future perspective, they find their ways in the
brothels. About 8 per cent of the girls came to prostitution following the incidents of
incest. The most common incest is between father and daughter, followed by uncle-niece.
When the young victim of incest in exploited at home, she doesn’t foresee safety
anywhere in the society and slowly ends up in prostitution. In certain circumstances, we
have come across the cases where the girls were sold by their own fathers, uncles or the
brothers-in-law after subjecting them to incest.
4. Marriage: Though the problem of prostitution directly through marriage is not very
common in Bombay, a few cases were noticed through this source. In Pune nearly 15 per
cent of the women in prostitution came through marriage.
5. Children of women in prostitution: Female children of the women in prostitution
invariably end up in prostitution (98 per cent), as there is no safe place for the children
and there is no programme for them till date, to get them out of these areas and to provide
them alternation livelihood. This contributes to about 10 per cent of prostitution.
6. Social Factors in Prostitution: The view of women as a commodity is pervasive in
popular manifestations of Hindustan culture in India. Women who have had sexual
experiences are considered to be ‘used goods’ and are unlikely to ever marry. Without a
husband, a woman has no source of income; she also cannot wear the marriage bindi. She
is an impoverished cultural outcast. The prevailing line of reasoning is that she at least
has a useful place as a prostitute. Women who have been widowed or divorced are also
confronted with this social stigma. If a woman’s husband dies, she has essentially
outlived her purpose. Since she is no a virgin, she obviously cannot marry again. In rural
 areas, “birde burnings,” in which a woman burns herself to death on her husband’s
funeral pyre, Sill occur. The social stigma, which leads a woman to believe that her life is
worthless after her husband’s death, is also attached to a woman whose husband chooses
a different woman as his wife.

When strong cultural notions are combined with the potency of religion or poverty,
even more people are pressured into prostitution. For example, a girl may become a street
child because her mother died and her father’s new spouse will not accept her. As a street
child, she may be periodically arrested along with her fellow vagabonds for crimes,
which they may or may not have committed. While in police custody, instead of simply
being beaten as her male cohorts are, she may be sexually abused by the police officers.
She may decide to become a prostitute to support herself and to find her place in the
broken world in which she is fated to reside. Her children will likely be prostitutes as
well.

Poverty’s Role in Indian Prostitution: One of India’s most striking characteristics is its
material poverty. An estimated 40% of India’s population lives in poverty. This means that
almost 400 million people cannot meet basic survival needs like food, clothing, and shelter.
This is an overwhelming, almost unimaginable statistic. Poverty does not create imbalances
in gender and sex. It only aggravates already existing imbalances in power and therefore
increases the vulnerability of those who are at the receiving end of gender prejudice. In a
patriarchal set up, the section in families in societies that is affected is women and girl
children. Caste wars, political strife, domestic conflicts through their manifestations and
repercussions reflect strong gender prejudice against women. Violence against women,
assault and rape on women are not individual sexual or physical crimes. It has become a tool
of a political statement for aggression and gender persecution, which amply reflects on the
degree of human degradation and commoditization of women in the eyes of the state,
community, and society.

Indeed, such poverty belongs to an almost surreal world in which only the “wealthy” are
certain to meet basic needs. Desperation seems to characterize the lives of India’s poor. This
desperate poverty is often cited as the root of India’s growing prostitution problem.. . It is
however argued that in many countries with prosperous economy, high standard of living,
universal education, full equality between men and women, the problem of prostitution remains
unsolved. This indicates that trade in human fleash goes on unabated not simply because of
ignorance, illiteracy, poverty or a like but also because human beings consciously choose this
occupation and are willing to be manipulated by others.
Miseries and Suffering of Prostitutes:

Most of these workers are treated very inhumanly at the early stage of their stay
at the brothel (a unit of prostitution). They are beaten frequently in order to create fear in their
mind. Once they reach the age of entertaining the customers they are physically forced to do so.
Having achieved what the brothel owner wants, these workers virtually remain under house arrest
to prevent their possible escape. What ever they can only a small part of the earning is given to
them.

The government estimates that there are three million sex workers in India. Most
of them are not only HIV affected but are suffering from various other diseases. They don’t have
a proper access to medical facilities. Referral to specialist care “Probably unthinkable for them.

Exploitation through the males designated as clients or customers. Pimps are the
most obvious fate of these girls and women. Police and other law enforcing agencies always take
advantage of these people. They not only extract money from them but also abuse them
physically.

Laws Related to Prostitution in India:

Constitution of India, under article 23, prohibits trafficking in every form including
commercial sexual exploitation of women and girls. We have special legislations like Immoral
Traffic Prevention Act (ITPA) and local legislation like Goa Children’s Act etc. in addition to the
provisions in the IPC (Indian Penal Code).

Immoral Traffic (Prevention) Act-1956

The Immoral Trafficking Prevention Act, 1956 ("ITPA"), the main statute dealing with
sex work in India, does not criminalize prostitution or prostitutes per se, but mostly punishes acts
by third parties facilitating prostitution like brothel keeping, living off earnings and procuring,
even where sex work is not coerced

Section 3. Punishment for keeping a Brothel or allowing premises to be used as a

Brothel.

(1) Any person who keeps or manages, or acts or assists in the keeping or management
of, a brothel, shall be punishable on first conviction with rigorous imprisonment for a
term of not less than one year and not more than three years and also with fine which may
extend to two thousand rupees and in the event of a second or subsequent to conviction
with rigorous imprisonment for a term of not less than two years and not more than five
years and also with fine which may extend to two thousand rupees.

(2) A any person who, -

(a) Being the tenant, lessee, occupier or person in charge of any premises, uses, or
knowingly allows any other person to use, such premises or any part thereof as a brothel,
or

(b) Being the owner, lesser or landlord of any premises or the agent of such owner, lessor
or landlord, lets the same or any part thereof with the knowledge that the same or any part
thereof is intended to be used as a brothel, or is willfully a party to the use of such
premises or any part there of as a brothel, shall be punishable on first conviction with
imprisonment for a term which may extend to two years and with fine which fine which
may extend to two thousand rupees and in the event of a second or subsequent
conviction, with rigorous imprisonment for a term which may extend to five years and
also with fine.

(2-A) For the purposes of sub-section (2), it shall be presumed, until the contrary is
proved, that any person referred to in clause (a) or clause (b) of that subsection, is
knowingly allowing the premises or any part thereof to be used as a brothel or, as the case
may be, has knowledge that the premises or any part thereof are being used as a brothel,
if, -

(a) A report is published in a newspaper having circulation in the area in which such
person resides to the effect that the premises or any part thereof have been found to be
used for prostitution as a result of a search made under this Act; or

(b) A copy of the list of all things found during the search referred to in clause (a) is
given to such person.

Section 5. Procuring, inducing or taking person for the sake of prostitution.

(1) Any person who-

(a) Procures or attempts to procure a person whether with or without his/her consent, for
the purpose of prostitution; or
(b) Induces a person to go from any place, with the intent that he/she may for the purpose
of prostitution become the inmate of, or frequent, a brothel; or

(c) Takes or attempts to take a person or causes a person to be taken, from one place to
another with a view to his/her carrying on, or being brought up to carry on prostitution; or

(d) Causes or induces a person to carry on prostitution; shall be punishable on conviction

with rigorous imprisonment for a term of not less than three years and not more than
seven years and also with fine which may extend to two thousand rupees, and if any
offence under this sub-section is committed against the will of any person, the
punishment of imprisonment for a term of seven years shall extend to imprisonment for a
term of fourteen years:

Provided that if the person in respect of whom an offence committed under this sub-
section, -

(i) Is a child, the punishment provided under this sub-section shall extend to rigorous
imprisonment for a term of not less than seven years but may extend to life; and

(ii) Is a minor; the punishment provided under this sub-section shall extend to rigorous
imprisonment for a term of not less than seven years and not more than fourteen years.

So it can be seen that both the sections namely section 3 and section 5 punishes only the
acts of the 3rd party and same does the other sections in the Act and so new legislation
shall be passed as to punish the client who are visiting the prostitutes.

The law enforcement scenario, seen from the traditional view point, presents a
dismal picture. The Action Research conducted by the National Human Rights
Commission, during 2002 -2004 shows that the major issues in the existing scenario of
law enforcement are as follows:

• Lack of priority: The law enforcement agencies and justice delivery agencies for
various reasons, give lowest or nil priority to HT issues.
• Insensitivity: Lack of sensitivity is a major challenge in response to human
trafficking. It is more of an attitudinal issue.
 • Victimization of the victim: More often trafficked women have been arrested ad
penalized as ‘soliciting persons; The NHRC study shows that around 85 to 90 per
cent of the arrested persons are women and most of them are victims of
trafficking.
• Improper investigation: Whereas a trafficking crime extends across a large
canvas as the scene of crime, starting from the source point and extending to the
transit places as well as the destination areas, the investigation is more often
unheard and unrepresented.
• Database: One of the major drawbacks in law enforcement is the fact that there is
no database of traffickers and other exploiters. There is no sharing of intelligence
among the stake holders and therefore, the offenders indeed act with impunity.
(Bedi ,Kiran ;Nair.P.M 2008)

Magnitude and Trend of the Problem in India

The data collected by the National Crime Record Bureau (NCRB) shows the magnitude
of the problem of prostitution in India. The Bureau is collecting data under the following
heads of crime which are related to Prostitution and Human Trafficking.

• Procuration of Minor girls (section 366-A IPC).

• Importation of Girls (Section-366-B IPC).
• Selling of Girls for prostitution (Section-372 IPC).
• Buying of Girls for Prostitution (Section-373 IPC).
• Immoral Trafficking (Prevention) Act 1956.
• Child Marriage Retrain Act, 1929.

Procuration of Minor Girls (Sec. 366A IPC) (Incidence…253)

253 cases were reported in the year 2007 as compared to 231 such cases in 2006,
accounting for 9.5% increase over 2006. West Bengal has reported 54 such cases
indicating a share of 21.3% at National level followed by Andhra Pradesh (37) and Bihar
(36). An increasing trend was observed in these cases during the last three years. Details
are given at Table 6*(C).
Selling of Girls for Prostitution (Sec.372 IPC) (Incidence…69)

69 cases of ‘Selling of Girls for Prostitution’ were reported in the country during
2007 against 123 such cases in 2006, thereby indicating a decline of 43.9% over 2006.
West Bengal has accounted for 79.7% (55cases out of 69 cases) of the total cases of
‘Selling of Girls for Prostitution’ reported in the country.

Buying of Girls for Prostitution (Sec. 373 IPC) (Incidence…40)

40 cases of ‘Buying of Girls for Prostitution’ were reported in the country during
the year 2007. This indicates a 14.3% increase in the incidence over 2006 when 35 cases
were reported in the country. Maharashtra has accounted for 77.5% (31 out of 40) cases
reported in the country in 2007.

Immoral Trafficking (Prevention) Act 1956 (Incidence…3,568 Rate …0.3)

Cases under this Act have registered a decline of 21.4% (3,568) during the year as
compared to the previous year (4,541). 33.6% (1,199) of the total cases reported in the
country were reported form Tamil Nadu whereas Daman & Diu reported the highest
crime rate of 2.7 under this head as compared to the National average of 0.3.

Child Marriage Restraint Act 1929 (Incidence…96 Rate …Negligible)

The cases reported under this Act during 2007 have marginally declined by 3.0%
over the previous year (99). Andhra Pradesh (21) Gujarat (14) and West Bengal (9) have
reported bulk cases together accounting for 45.8% of the total cases.
 Table-1(a)

Crime Head –wise of Various crimes under Human Trafficking During 2003-2007
and Percentage variation in 2007 over 2006

SI. No. Crime Head Year Percentage

variation in
2007 over 2006
2003 2004 2005 2006 2007
1. Procuration 171 205 145 231 253 9.5
of Minor
Girls.

2. Importation 46 89 149 67 61 -9.0

of Girls

Selling of
3. Girls for 36 19 50 123 69 -43.3
Prostitution.

Buying of
4. Girls for 24 21 28 35 40 14.3
prostitution

Immoral
5. Trafficking 5510 5748 5908 4541 3568 -21.4
(Prevention)
Act-1956

6. Child 63 93 122 99 96 -3.0

Marriage
Restrain
Act-1929

Total 5850 6175 6402 5096 4087 -19.8

The proportion of Human trafficking crimes committed towards total IPC crimes has
shown a mixed trend during the last 5 years. Details may be seen at Table 1(b).
States/UTs wise cases registered during 2007 are given at Table- 1(c).
 Table 1(b)

Proportion of Crimes under Human Trafficking Towards Total IPC Crimes

SI. No. Year Total IPC Cases under Human Percentage to Total
Crimes Trafficking IPC Crimes
1. 2003 17,16,120 5,850 0.34
2. 2004 18,32,015 6,135 0.34
3. 2005 18,22,602 6,402 0.35
4. 2006 18,78,293 5,096 0.27
5. 2007 19,89,673 4,087 0.21

Table-1(c)

CASES REGISTERED UNDER HUMAN TRAFFIKING DURING 2007

S.N State/ UT Buying Selling of Procuration Importatio Immoral Child Total

of Girls Girls for of Minor n of Girls Trafficking Marriage
for Prostitution Girls Prevention Restraint
Prostitut Act 1956 Act 1929
ion
1. ANDHRA PRADESH 0 11 37 0 612 21 681
2. ARUNACHAL 0 0 0 0 0 0 0
PRADESH
3. ASSAM 0 0 0 0 21 1 22
4. BIHAR 0 1 36 56 27 8 128
5. CHHATTISGARAH 0 0 3 0 14 4 21
6. GOA 0 0 0 0 10 0 10
7. GUJARAT 0 0 25 0 44 14 83
8. HARYANA 0 0 0 0 88 4 92
9. HIMANCHAL 0 0 2 0 0 1 3
PRADESH
10. JAMMU & KASHMIR 0 0 0 0 1 0 1
11. JHARKHND 0 0 25 0 14 4 43
12. KARNATAKA 0 0 8 0 612 4 624
13. KERALA 0 0 22 0 201 1 224
14. MADHYA PRADESH 0 2 16 0 19 5 42
15. MAHARASHTRA 31 0 13 0 322 7 373
16. MANIPUR 0 0 0 0 0 0 0
17. MEGHALAYA 0 0 8 0 1 1 10
18. MIZORAM 0 0 0 0 0 0 0
19. NAGALAND 0 0 0 0 4 0 4
20. ORISSA 0 0 0 0 40 1 41
21. PUNJAB 0 0 0 0 45 5 50
22. RAJASTHAN 0 0 1 0 91 3 95
23. SIKKIM 0 0 0 0 2 0 2
24. TAMIL NADU 0 0 2 0 1199 2 1203
25. TRIPURA 0 0 0 0 0 1 1
26. UTTAR PRADESH 1 0 0 0 49 0 50
27. UTTARANCHAL 0 0 1 0 9 0 10
28. WEST BENGAL 6 55 54 5 62 9 191
TOTAL (STATES) 38 69 253 61 3487 96 4004
29. A&N ISLANDS 0 0 0 0 1 0 1
30. CHANDIGARAH 0 0 0 0 5 0 5
31. D&N HAVELI 0 0 0 0 2 0 2
32. DAMAN & DIU 0 0 0 0 5 0 5
33. DELHI 2 0 0 0 63 0 65
34. LAKSHADW-EEP 0 0 0 0 0 0 0
35. PONDICHERRY 0 0 0 0 5 0 5
TOTAL (UTS) 2 0 0 0 81 0 83
TOTAL (ALL- INDIA 40 69 253 61 3568 96 4087
Possible Solutions:

The problem of prostitution is very complex one since it is deeply rooted in the society.
Thus, it has to be handled from two angles (1) Preventing new incumbents from entering
prostitution (2) Rehabilitating women who are already in prostitution.

Preventive Programmes:

Counseling and guiding programmes with a view to educate public with regard to the
causes and problems of prostitutes coupled with sex education is need of the hour. More and
more economic opportunities should be made available to the going vulnerable to prostitution.
Police should be directed to register cares related to abduction or abuse related to girl on priority
basis. Following steps must also be taken to ensure effective prevention:

• Community Policing: The concept of Community Policing should be made popular, so

that involvement of civilians and NGO’s in Policing can be done, in order to prevent and
combat prostitution .Community Policing is a philosophy based on the paradigm of
solving problem in synergy where police acts as a facilitator and community is made to
share responsibity.
• Second Generation Prevention: Problem of prostitution can be minimized, if the
children of the prostitutes are given respectable future. A Beginning has been made by
Prajwala; an anti-trafficking organization of Andra Pradesh. Efforts are being made by
the organization to explore education and self employment alternatives for the survivors.
• Synergy : The UNODC ( United Nations Office on Drugs and Crime), New Delhi, in
partnership with Government of India and State Government agencies as well as civil
society patners has set up Anti-Human Trafficking Units (AHTU) at Andra Pradesh, Goa,
& West Bengal. These units with the help of trained manpower are making tremendous
impact in law enforcement scenario of India. The AHTUs in Andra Pradesh have rescued
more than 700 victims of which more than 100 are children below 18 years of age in a
span of six months. They have also arrested more than 1000 offenders including 300
customers. Such units should be set up in all States and Union Territories of India.( Bedi.
Kiran, Nair P.M; 08)
 Rehabilitative and Follow-up Programmes:

Due to relentless efforts of the NGO’s social workers and other social development
organization it has been realized that prostitution is one of the worst social evils and has to be
eliminated at the earliest. This can be done through a concrete strategy and action plan of which
rehabilitation is an integral part.

Rehabilitation is both physical and psychological. Physical rehabilitation is essentially

economic whereas psychological rehabilitation has to be built up through a process of assurance
and reassurance. The two most go side by side. The first pre-requisite of psychological
rehabilitation is that the freed prostitutes must be wrenched away from the old habitat and be
rehabilated at a place where they will no longer subject to the of the dalals or owner of the
brothels. Unless they are psychologically assured that after their release their over all conditions
will improve, there is every possibility that they may slide back to their old environment. In order
to ensure rehabilitation, it is very necessary that the Government with the NGOs must imbibe
awareness among the sex workers about their legal status and rights. A gender sensitive market
driven vocational training should be provided to all the rescued victims. It is observed that the
immediate requirement of the sex workers is financial security, as after leaving their old
profession they are even unable to earn their livings. Thus, a co-operative credit society lead by
the NGOs on their own or with the support of the government is the need of the hour. This effort
shall save them from the exploitation of the money lenders and humiliation by the banks.

Shall India Legalize Prostitution?

Some people opine that prostitution shall be made legal in India and accept them as a part
of society because the problem of prostitution is inevitable. The benefit of legalizing
prostitution in India will be that at least we will have a track record of Sex workers as for
example when dance bar in Bombay were closed most of the bar dancers migrated to
Gujarat and Karnataka and other neighbouring state and started their
business undercover. Legalizing prostitution will see these women, who live life on the
edge everywhere, gaining access to medical facilities, which can control the spread of
AIDS. There is a very strong need to treat the sex industry as any other industry and
empower it with legal safeguards. The practical implications of the profession being legal
would bring nothing but benefits for sex workers and society as a whole. Keeping
prostitution illegal also contributes to crime because many criminals view prostitutes and
their customers as attractive targets for robbery, fraud, rape, or other criminal acts. The
criminals realize that such people are unlikely to report the crimes to police, because the
victims would have to admit they were involved in the illegal activity of prostitution
when the attacks took place, now if it is legal then they will easily go and report this to
police. Benefits of legalizing prostitution are:

• Legalization of prostitution and the sex industry will stop sex trafficking.
• Legalization of prostitution will control the sex industry.
• Legalization of prostitution will decrease clandestine, hidden, illegal and street
prostitution.
• Legalization of prostitution will protect the women in prostitution as they will have
rights.
• Women in systems of Prostitution want the sex industry legalized as they are the one who
suffers the most as they don’t have any rights.
• Legalization of prostitution will promote women's health as they can have easy access to
medical facilities which they don’t have when it is illegal.
• Recognizing prostitution as an economic activity, thus enabling women in India to obtain
working permits as "sex workers".

However, those who demand that prostitution should be “legalized” and treated and with
“respect and dignity” at par with all other professions and occupations need to answer a few basic
questions:

• What does the term “legalize” actually imply? Does it means that a prostitute can open a
brothel or sex parlour any where she likes and advertise her services? Does it mean men
or women supplying call girls should be able to set up an office in any neighborhood they
like, just as doctors set up their clinics, and put up a hoarding outside the house
proclaiming that call girls are available between such and such hours?
• Since sex trade inevitably comes with sex slavery and violent forms of pornography and
sex trafficking it is essentially mixed up with criminal mafias even in those countries
where it is legalized. If a brothel owner is free to set up shop in my neighborhood, does it
not endanger my life? How many even among those who are empathetic towards the
plight of prostitutes are willing to allow a brothel right next to their own house? How
many of us are willing to let our young children grow up amidst an atmosphere where
renting a women’s body for sex is considered a perfectly legitimate activity?
• If the vast majority of people in India do not want to have brothels functioning openly
and legally in their neighborhoods, the only way to make provision for “legal” sex work
is if sex workers agreed to operate in specially designated areas traditionally known as
 red-light districts. Sex worker can then seek individual licenses or licenses for registered
brothels. But every sex worker does not want to leave in openly identified sex zones.
• Most women, especially those who operate as high society call girls prefer to operate
surreptitiously, especially those who want to wear the mask of respectability. Most men
who run sex rackets, including trafficking of women would also not want to be openly
known as pimps and procurers. How does the law handle such persons? If people come to
know that a person of their neighborhood is using his premises to run a call-girl racket,
do they have the right to seek its removal or demand that the call-girl centre be shifted to
a red-light district after the trade is legalized? Or does it mean other citizens have to
suffer the presence of such activities in the name of “respecting” the rights of sex workers
to an occupation of their choice and thereby endanger their own lives?
• Those who demand that sex work be given the same “respect” as any other profession,
need to explain whose duty it is to give or ensure “respect” for prostitutes and pimps who
are their “helpmates” Is the government expected to enact a law requiring people not to
shun prostitutes, as for instance it did to ban the practice of untouchability ? One can
prove that one does not practice untouchability by freely intermixing and-dining with
castes condemned as untouchable. How does one prove one’s “respect” for a prostitute?
Do we have to send our children to brothels to intermix with the children of sex workers
or do we hold special functions to socially honour the most successful among them?
(Kishwar, Madhu 2008)

In ultimate analysis it can be concluded that Prostitution in the India

requires no specific remedy, per se, in the form of criminalization, decriminalization or
legalization. It will be remedied when women and men in this culture can celebrate their
sexuality and their unique identities. It will be remedied only when women and men are
economically and politically the same.

References

• Bedi ,Kiran Nair.P.M (2008): Human Traffiking In India , Yojana ( Vol-52).

• Gilada I.S (1999): Prostitution in India: Causes, Extent, Prevention and
Rehabilitation; Social Problems & Welfare in India. N.Delhi.
• India, Ministry of Home Affairs, National Crime Record Bureau (2006), Crimes
in India, N. Delhi.
• Jordar Biwanath (1984): Prostitution in Historical and Modern Perspectivess,
Inter India Publication, N.Delhi.
• Kishwar, Madhu (2008): On Legalising Prostitution, Yojana (Vol-52).
• Khan M.Z, Singh D.R (1987): Prostitution, Human Rights, Law and Voluntary
Action; The Indian Journal of Social Work, Vol. XLVII
• Nehal, Ashraf (1997): Crime Against Women, N.Delhi, Common Wealth
Publication.
• Pillai. M.G (2007): Child Abuse , Pointer publications, Jiapur
• Shah, GiriRaj (1995): Encyclopedia of Women Studies, N.Delhi, Gyan
Publications.
• file://F:\PROSTITUTION%20INDIA%20-20%ERCESOOR, Prostitution in
India: Trends and Issues.
• www.national crime record bureau.co.in.
• http://www.articlesbase.com/national,-state,-local-articles/the-problem-of-
prostitution-an-indian-perspective-545058.html