Decriminalizing Sex Work in India: A Socio-Legal Analysis
Faraz Ahmad, LLM | September 23 | 10:15-11:15 AM
Topic: International, Legal | Knowledge Level: Advanced
Sex workers are denied or forcefully deprived of their very basic rights which are required to live as a human being (i.e., education, health, privacy, and most importantly dignity or self-respect). The very simple understanding of the universal definition of “human rights” is that every human being, irrespective of his/her sex, caste, creed, religion. or any form of identification, has certain basic rights which is a priori (George, Vindhya & Ray, 2010). But when it comes to sex workers, the principles of human rights are ignored, and their profession is labeled as immoral. In the Constituent Assembly Shri Brijeshwar, Prasad argued in favor of legalizing prostitution considering it to be an “old institution” which according to him cannot be abolished. If it is done, it will create a black market and will go underground (Glanville, 1990). The presentation will focus on the following points: 1) Who is a sex worker- legal status in India in the past & present. 2) Society, Morality, and Prostitution: There is something “right” about prostitution, which the law violates by criminalizing it (Shrage, 1994). The role of society in making sex workers untouchables/miserable and promoting discrimination (socially, economically, and legally). 3) Legality of Prostitution in India, and the role of intermediaries in trafficking, corruption, and violence. 4) Health issues in the Red-Light areas in India. 5) And finally certain basic suggestions and recommendations for the same.
Presentation Objectives:
· Identify and describe the socio-legal status of sex workers in India
· Describe the consequences legal loopholes in Indian legislation relating to prostitution
· Propose the proper action plan and policies containing minimum standards of living to all including sex workers