Prostitution and its stigma

STAFF REPORTER

GUWAHATI: Sex workers in India have been demanding decriminalization of prostitution or removing sex work and all related activities from the purview of criminal laws. Prostitution in our country is not illegal but it is "immoral" according to society.

There is no provision under the Indian law that makes prostitution per se a criminal offence or punishes a person because he indulges in prostitution. What is punishable under the law are the surrounding activities like sexual exploitation or abuse of a person for commercial purposes and to earn bread thereby and where a person is carrying on prostitution in a public place or when a person is found soliciting or seducing another person or running a brothel as defined under the Immoral Traffic (Prevention) Act, 1956 (ITPA), said senior advocate of Gauhati High Court, Bhaskar Dev Konwar.

"The ITPA, 1956 instead of checking on immoral trafficking of humans, seems to be more focused on eliminating prostitution which is absolutely a wrong way of tackling this profession. No country has been able to stop prostitution with legislation. Section 372 and 373 of IPC also deals with prostitution but it is restricted to child prostitution only. Though u/s 366A, 366B, 370A of the IPC deals with punishing for offences of procreation or minor girl, importation of girl from foreign for sex and exploitation of a trafficked person respectively. The right to life is a fundamental right under Article 21 of the Indian Constitution which is also available to a prostitute to live a life with dignity. In most cases, women indulge in prostitution not for pleasure but due to poverty. The State governments should make schemes for giving vocational training to the sex workers," he said.

"Is prostitution bad for society? Well, the world is divided into two different opinions. There are many benefits of regularization and legalization of prostitution than not legalizing it. There exist some people in the society who believe that prostitution is evil in itself while on the contrary, there are people who express endorsement for its presence in society. Legalization of prostitution will help in improving the condition of sex workers, reduction in trafficking, empowerment of sex workers, improvement in the health of sex workers, reduction in the involvement of minors in prostitution, reduction in rape cases and right of choice," said Konwar.

The senior advocate said that, unlike other metropolitan cities, Guwahati city does not have a designated prostitution zone. Paltan Bazaar and the nearby railway station were earlier favourite points for pick-up of sex workers. Nowadays, prostitution is not only confined to girls but it also includes males and transgender. Places like Ganeshguri and Basistha Chariali have also now become favourite pick-up points for prostitutes. If a girl and a man are adults, they can check into any hotel or guest house and indulge in sex. There is no law to prohibit it and there is no requirement of luggage to check-in.

"Many poor girls from smaller towns of Assam have flocked to Guwahati city and have entered the circle of prostitution for their survival. Some of the nightclubs and unisex massage parlours run prostitution. It is difficult for the police to control prostitution which is done within the confines of homes and elite hotels of the city. It is not the police's business to go and interfere in consensual sex between two adults, even if one of them is a prostitute," said Konwar.

Government agencies need to address the issue of prostitution. The lives of prostitutes need to be improved and for this, society must evolve and government institutions should act as a catalyst in changing people's mindset towards sex workers, he said.

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