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Understanding the Socio-Economic and Legal Context of Prostitution and Sex Trafficking on Women in India

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Understanding the Socio-Economic and Legal Context of Prostitution and Sex Trafficking on Women in India pISSN: 2454-7107, eISSN: 2455-4189 Indian Journal of Law and Human Behavior Volume 5 Number 3 / September – December 2019 DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.5319.4 Reveiw Article Understanding the Socio-Economic and Legal Context of Prostitution and Sex Trafficking on Women in India KV Ravi Kumar Author Affiliation Abstract Assitant Professor, ICFAI Law School, Shankarpalli Road, Hyderabad, Telangana Prostitution is one of the major problems which beset the human 501203, India. societies the world over, from the very dawn of civilization. It is one Corresponding Author of the kaleidoscopic images nurtured by social fabric, which wishes to KV Ravi Kumar, Assitant Professor, perpetuate the status of women as sexual objects. Sometimes, prostitution ICFAI Law School, Shankarpalli Road, can be viewed as a sociological phenomenon, an inevitable outcome of Hyderabad, Telangana 501203, India. ignorance and misery, as a flesh trade in the society. A narrower view E-mail: [email protected] is that, yet equally valid concern, is that prostitution constitutes a health Received on 25.07.2019 hazard, both directly in the spread of Sexually Transmitted Diseases, as Accepted on 23.10.2019 well as indirectly, as a conduit for drug trafficking and abuse. Giving legal recognition to prostitution would enable the prostitutes to make some contribution towards the development of the nation, as they would have legal protection, their children can get education and would be entitled to participate in the main stream of the society. Recognizing prostitution as a profession will at least reduce the real illegalities that come with it, such as child prostitution, drug trafficking and other crimes. This article provides a comprehensive overview of the philosophical and socio-legal perspectives relating to sexual exploitation of women and girls. In India, one lakh minors are forced into prostitution every year. The menace of child trafficking in India has been growing at an alarming pace. According to United Nations Children’s Fund, the state of the Worlds Children’s Report, Indian country has been identified as the leading hot-spots of child sex trafficking in the world. Half of the missing girl children in India were sold into prostitution. Under this scenario, in this paper an attempt has been made to analyze the various deleterious effects of prostitution and its socio-economic and legal impact on the society. Keyword: Prostitution; Sex work; Trafficking, Victimization, Legalized sex work; Sex trafficking policy. How to cite this article: KV Ravi Kumar. Understanding the Socio-Economic and Legal Context of Prostitution and Sex Traffi cking on Women in India. Indian J Law Hum Behav. 2019;5(3):313–320. Introduction habitual or intermittent sexual union, more or less promiscuous, for mercenary inducement’. Prostitution has been generally be defi ned as Thus, there are three important constituents of promiscuous intercourse for hire whether in Prostitution, viz. illicit and promiscuous sexual money or in kind. According to Geoffrey May, intercourse, mercenary basis whether in cash or in prostitution may be defi ned as the practice of kind, and lack of affection or personal interest. It © Red Flower Publication Pvt. Ltd. Understanding the Socio-Economic and Legal Context of Prostitution and Sex Trafficking on Women in India 314 refers to the sexual behaviour of a female, outside Prostitution in United States of America is a or without wedlock on a commercial basis. It is booming billion dollar business and it has been regarded as a vice, a sinful or degrading indulgence seen as an organized institution, ever since colonial of a natural appetite for itself alone. It is forbidden days. It was virtually uncontrolled till the Mann by religious and civic groups, and also prohibited Act, was passed in 1910, famously known as White- by law in some societies. Prostitution often results Slave traffi c Act, which prohibited inter-state into drug addiction, scandal, venereal diseases, transportation of women for immoral purposes. AIDS and deterioration of the neighbourhood in It primarily addresses about the prostitution, which it occurs. Prostitution itself is not punishable immorality and human traffi cking. This is one of the under law but activities related to it, such as running several Acts of protective legislation aimed at moral brothel, any act being taken out in public place, reform during the progressive era. By 1915, nearly pimps etc. are punishable. There are three million all States had passed the laws banning brothels. In sex workers presently working in India. As there is most of the large Western cities, prostitution was no proper law, the sex workers are exploited by the tolerated, and the law enforcement agencies are more pimps and the owners because they have nowhere concerned with regulating the crimes associated to go. Once a female is involved in such activities, with prostitution. A British Parliamentary Act of she is not accepted back in the society or family, 1959 prohibits open solicitation by prostitutes, resulting in them continuing with same under but permitted them to operate in their own homes social pressure. and provided rehabilitative training to all, who There are references to prostitution even in wish to change their occupations. Regulations in the pre-historic days in the religious books and the Scandinavian countries emphasized hygienic epics such as the Vedas, the Ramayana, the aspect. They made medical examination and Mahabharatha and the Bible. It is to be noted hospitalization of the victims who are infected that the ancient thinkers such as Koutilya, Manu, with venereal diseases compulsory. Prostitution is Brihaspati endeavoured to prohibit prostitution also rampant in Europe. There are many countries and looked upon it, as a social evil and tried to that have legalized the prostitution, such as New eradicate it. It is pertinent to mention that the Bible Zealand, Austria, Belgium, Bangladesh, Columbia, says emphatically that the Prostitution should be Denmark, Netherlands, and Germany. But the banned. When we look at history in India, it was Soviet Union, prostitution has been offi cially much in vogue during Mohammadan period, and outlawed. Interestingly, in Canada, which has many kings used to keep prostitutes and dancing limited legality, selling sex is legal, but buying sex girls as courtiers. However, during the British has become illegal since December 6, 2014. Buyers period, the rapid urbanisation and industrialisation face a minimum $500 fi ne and up to fi ve years’ increased this evil. The origin of the prostitution imprisonment, if caught, and similarly in Iceland, is an earmarked in the history. The fl esh trade or selling sexual services is legal but paying for sexual selling the body for money is perhaps as old as services is illegal. male-female relationship. It is pertinent to mention that a prostitute known as a glamour girl, as a deva- Prostitution as a violation of a Human Right dasi set apart in the service of a God. International human rights law recognizes prostitution as a violation of human right International perspective and specifi cally prohibits exploitation of the According to the Report of Havoc-scope, the prostitution of others, including pimping, revenue for prostitution can be estimated around procuring and the running of a brothel. States 190$ billion per year worldwide. Even Amnesty and United Nations agencies have a direct, International arguing that prostitution is a matter binding obligation to oppose any trivialization of of free choice, a stance heavily promoted by prostitution and to work towards the elimination the multi-billion-dollar commercial sex industry. of its exploitation. It is to be noted that one year International cooperation to end the traffi c in after the adoption of the Universal Declaration women, for the purpose of prostitution began in of Human Rights in 1948, the General Assembly 1899. In 1921, the League of Nations established the of the United Nations adopted the Convention Committee on the Traffi c in Women and Children, for the Suppression of the Traffi c in Persons and and in 1949, the United Nations General Assembly the Exploitation of the Prostitution of Others, adopted a Convention for the Suppression of 1949 and this Convention is part of the United Prostitution and its Protocol. Nations universal human rights instruments and Indian Journal of Law and Human Behavior / Volume 5 Number 3 / September – December 2019 KV Ravi Kumar 315 is a binding treaty. In fact, it is the only United profession, and most of the prostitutes come from Nations binding instrument focusing specifi cally the under-privileged economic groups. The part- on prostitution and its exploitation. The preamble timers resort to prostitution because of high returns of the Convention states that prostitution and with little investment or effort and they consider it traffi c in persons are incompatible with the dignity doubly profitable in that, they can derive sensuous and worth of the human person. enjoyment, in addition to the economic benefits. States Parties are under a binding obligation, The concept of poverty however is relative, women to respect and to protect the dignity of the human may prostitute herself in order to live well, and give person, which is a cornerstone of international first-class education to her children. The general human rights law. When defi ning and loosening and lowering the standards of conduct implementing policies with regards to prostitution and sex exploitation in the movies, magazines, arts and its exploitation, States must ensure that they and above all, the vice rings operating the trade work towards the elimination of prostitution and the cabarets of big hotels have contributed and the protection of its victims. States are de to the modern toleration and proliferation of facto prohibited from implementing policies that prostitution. The postponement of marriage by few would encourage prostitution and thereby foster women in the society also leads to this flesh trade, a violation of human dignity.
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