Legislative Developments and Judicial approach towards Prostitution in India: An Analysis

Abstract

India, which justifies its claim to be one of the very ancient civilizations of the world, presents the rise and development of prostitution. Recently, in India it has been estimated that there are approximately 3 million sex workers, the vast majority of whom are between the ages of 15 and 35. Here, prostitution is considered as a taboo which is not openly discussed. Due to its role in weakening the institution of marriage, increase in the sexually transmitted diseases, kidnapping of girls, the exclusion of prostitutes from society, physical and psychological sufferings, etc., it poses a significant threat to the social fabric of India. Since abolition of this profession seems to be impossible, the legalisation regulating the prostitution could be implemented as a solution to this problem. The present paper examines the development of legislations pertaining to the regulations of prostitution in India. It looks at the transformations in various aspects of law related to the prostitution. For this purpose, the researchers have analyzed legislations enacted by the government to regulate the prostitution in India from time to time. Moreover, they have also analyzed the recent guidelines issued by Hon'ble Supreme Courts of India wherein it has considered "prostitution as a profession". The authors will also analyse the guidelines issued by hon'ble Supreme Court of India for promoting and ensuring safe and healthier working condition for sex workers.