Legalise prostitution if you can't curb it, SC tells Govt.
The Supreme Court Wednesday asked the Centre whether it can legalise prostitution if it is not possible to curb it with punitive measures.
"When you say it is the world's oldest profession and when you are not able to curb it by laws, why don't you legalise it? You can then monitor the trade, rehabilitate and provide of medical aid to those involved in the trade," a bench of Justice Dalveer Bhandari and Justice A K Patnaik told Solicitor General Gopal Subramaniam.
Prostitution is the oldest profession of this world, even SC has reiterated it. Why is it called a profession? One of my friends had said, “If Ved Vatsyayna is referred to as Ved then prostitution can be called as a profession”. It’s difficult to parallel the two. Traditionally it maybe a profession, but within the confines of the law and the society, it is an illegal business. Slavery was first criticized and then abolished as they said you cannot trade human beings. Prostitution is illegal and punishable under IPC (Indian Penal Code) for the one who pays and the one who receives money.
It is not that the Law is not capable to curb this activity. Exploitation of human being is one of the gravest crimes on earth and that too, because of their SEX, demands our urgent attention to the issue. The Law Enforcers are not willing to curb this activity. There is no woman on this Earth who would like to enter this profession by choice. Perhaps there may be few who have no option or may be a convenient way for survival. Add to that the extreme poverty conditions of India. In certain tribal/rural areas, parents are forced to sell one of their daughters to ensure the other children do not die due to hunger. Of course, we cannot justify/argue destroying a person’s life, it is simply unacceptable. Govt. needs to attack the hunger of the poor or maybe the parents. The list of poverty and its consequences are dire in this country.
Prostitution is the oldest profession of this world, even SC has reiterated it. Why is it called a profession? One of my friends had said, “If Ved Vatsyayna is referred to as Ved then prostitution can be called as a profession”. It’s difficult to parallel the two. Traditionally it maybe a profession, but within the confines of the law and the society, it is an illegal business. Slavery was first criticized and then abolished as they said you cannot trade human beings. Prostitution is illegal and punishable under IPC (Indian Penal Code) for the one who pays and the one who receives money.
It is not that the Law is not capable to curb this activity. Exploitation of human being is one of the gravest crimes on earth and that too, because of their SEX, demands our urgent attention to the issue. The Law Enforcers are not willing to curb this activity. There is no woman on this Earth who would like to enter this profession by choice. Perhaps there may be few who have no option or may be a convenient way for survival. Add to that the extreme poverty conditions of India. In certain tribal/rural areas, parents are forced to sell one of their daughters to ensure the other children do not die due to hunger. Of course, we cannot justify/argue destroying a person’s life, it is simply unacceptable. Govt. needs to attack the hunger of the poor or maybe the parents. The list of poverty and its consequences are dire in this country.
(A prostitute lifts her skirt)
But then it is an equally popular trade in developed nations, where Govt. even takes the responsibility of the unemployed. Various developed countries have tried to curb this activity by different means, wherein they have worked on the premise that women are victims and we need to show compassion towards their plight. In one of the European country, the legislation says anybody found paying for receiving any favours in sexual activity shall be held punishable, on the same hand it does not talks about wrong doing in the hands of the receiver. It is one of the positive aspects of this Law. But then does this help us in finding the solution? Not really, it may have exacerbated the problems of the sex workers in some other manner.
For every woman engaged/forced into profession, she is supporting more than two human beings on her earnings. Two (human beings) is a conservative figure, it may be her family or the pimp who represents her or police officer who demand bribes from them. Scan through the classifieds of any Mumbai local newspaper, one will know how easy it is to run this business. It is this casualness, which is harming the society. My cab driver took me through the Kamatipura area, the red-light district conditions of Mumbai. Not to mention, the whole area of Grant Road running till Kamatipura is such poverty stricken and it runs a chill in your spine, when you contrast it to Colaba, Nariman Point which are just stone throw away (by Bombay standards) from this area. A child walks upto my window in a moving cab albeit at snail pace and asks, “saab maal chahiye”. I wanted to tell him, you are talking about a human being. Show some respect to your existence, if not them. Within seconds, he markets all types of girls, by their origin, colour, age. I was shouting to my cabdriver, move fast and we are stuck in traffic. Politely I tell him NO, coz there was no point preaching. I was clutching fast to the window handle and rotating it with both hands to push the glass up. Imagine what that child will become when he grows up? I don’t know, if he was pushing for his mother or on behalf of his father (who may be a pimp) or born like that, that even his mother had absolutely no idea what his father might look like.
For every woman engaged/forced into profession, she is supporting more than two human beings on her earnings. Two (human beings) is a conservative figure, it may be her family or the pimp who represents her or police officer who demand bribes from them. Scan through the classifieds of any Mumbai local newspaper, one will know how easy it is to run this business. It is this casualness, which is harming the society. My cab driver took me through the Kamatipura area, the red-light district conditions of Mumbai. Not to mention, the whole area of Grant Road running till Kamatipura is such poverty stricken and it runs a chill in your spine, when you contrast it to Colaba, Nariman Point which are just stone throw away (by Bombay standards) from this area. A child walks upto my window in a moving cab albeit at snail pace and asks, “saab maal chahiye”. I wanted to tell him, you are talking about a human being. Show some respect to your existence, if not them. Within seconds, he markets all types of girls, by their origin, colour, age. I was shouting to my cabdriver, move fast and we are stuck in traffic. Politely I tell him NO, coz there was no point preaching. I was clutching fast to the window handle and rotating it with both hands to push the glass up. Imagine what that child will become when he grows up? I don’t know, if he was pushing for his mother or on behalf of his father (who may be a pimp) or born like that, that even his mother had absolutely no idea what his father might look like.
Supreme Court gave their comments on the PIL filed by an NGO Bachpan Bachao Andolan and the intervention application moved by Childline complaining about large scale child trafficking in the country. We need to save these children and give them their childhood back. SC questions, Why don’t you legalize it?
One of our law faculty had said, “Society exists because of Law”.
Legalizing prostitution will help the society. It is difficult to say, when we should be trying to help the sex workers and flee away from this menace and try to make our society a better place to live, where everybody is respected and not sleeps for few pieces of green paper. Legalizing means we have presumed and submitted that prostitution cannot be eradicated from our society.
But then legalization does have its benefits for the sex workers. They can call themselves as sex workers and not always abused at. It will stop the exploitation. They will be given few rights in their hands which they are now deprived of.
One of our law faculty had said, “Society exists because of Law”.
Legalizing prostitution will help the society. It is difficult to say, when we should be trying to help the sex workers and flee away from this menace and try to make our society a better place to live, where everybody is respected and not sleeps for few pieces of green paper. Legalizing means we have presumed and submitted that prostitution cannot be eradicated from our society.
But then legalization does have its benefits for the sex workers. They can call themselves as sex workers and not always abused at. It will stop the exploitation. They will be given few rights in their hands which they are now deprived of.
(A street of Kamathipura)
Perhaps the present legal structure needs to be restructured to give them equal rights of a human being or as a citizen of India. The structure at the same time, should probably throw an idea or a path to help the victims who have been forced into this activity to leave this profession and lead a life where sex is not an object or means to earn livelihood. It remains just as an expression of love.
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