It is difficult to catch hold of an idea like this all of a sudden. Focus on the arguments. Pro prostitution stances state every woman has the right to own her body and what she wishes to do with it, it’s simply her prerogative. The scope of gender equality must include equal respect and dignity for a woman who chooses this line of profession. Such a stand holds an optimistic viewpoint for a future where prospects stop seeming as grim as they are today. Lastly, there is the popular opinion that a regulated prostitution system might actually turn out to be one of the best unconventional methods to go for. In a nutshell, supporters claim a more revolutionised take on ‘Laissez Faire’ for all.
The other side of the argument becomes perhaps more socially acceptable. It’s ‘wrong’. The human body is a gift, meant to be kept pure. Selling it is just immoral. Ethically, prostitution ought to be symbolic of a women-objectifying society, with an inherent derogatory standard of living. Feminist views against prostitution argue deprived lives of most women who enter this trade. Solid research by analysts in Germany predicted almost no change in the lack of psychological support and social stigma even after legalizing prostitution. Again, what if legalization makes it lawful and official for men to have an authority on womens bodies? What if this granted right corrupts some minds to such an extent so as to include every girl? For instance, in their research paper, Cho, Dreher and Neumayer analysed cross-sectional data of 116 countries to determine the effect of legalized prostitution on human trafficking inflows and the result was a direct increase in countries which formally accepted prostitution.
How would India begin to legalise prostitution, if it indeed decides to do so? Then, it might help to take a look at what other countries have done in this regard. Banned in most US states (exception, Nevada), prostitution is illegal and so are all other activities felicitating it. Prostitution is banned in Eastern Europe, leaving buying of sex as legal. On the other hand, the UK and Northern Europe have officially legalized it, claiming a regulated system where brothels and pimping are out rightly illegal. And finally, we have the Nordic model. Pioneered in Sweden, it decriminalizes all those who are prostituted, provides support services to help them exit, and makes buying people for sex a criminal offence. The model aims for a holistic approach towards gender sensitization, stringent punishments for the buyers, and education provisions in schools, police training and national coordination of the law before anything else.
Regardless, the Nordic Model comes with its own drawbacks. Women claiming to be working independently are actually forced into classic organized crime. Furthermore, as the model, in a nutshell, renders prostitution illegal, experts feel that this would lead to activities running underground, making them tougher to trace. One may also wonder, if buying is illegal, an indirect consequence could be a rise in threats, sexual violence and crimes against women in several households. Ann Jordan, in her phenomenal paper states No one can operate a brothel, rent an apartment, act as a security guard or allow advertising for sex work. This implies that sex-workers cannot work together, recommend customers or even cohabit. Reports from workers in Sweden also shed light on the inadequacy of rehabilitation and stabilization measures and how Exit programs are entitlements only if these former sex workers do nothing that resembles their previous line of work. Furthermore, look at the bigger abstract picture. Buyers will resort to underground markets. Being the ones risking their lives by breaking the law, they are at an even greater position of authority to demand whatever they please (violence, unprotected sex etc).
So, what is Indias position here? No doubt, it is an industry looked down upon, hidden away in dingy alleys with perpetrators ready for the run in case the authorities come looking. Legally, while the Constitution deals with the status of sex workers under The Immoral Traffic (Suppression) Act of 1956; the law in general is vague. Theoretically, as long as this work is kept at least 200 yards away from any public space, prostitution as a source of income is in fact legal, barring brothels and pimping.
Future policy needs to focus on curbing the growth of such areas of trade and those who exercise full control over them. Consider the Netherlands with its specified areas and designated time periods. Any decriminalization proposal needs to ensure the safety of sex workers from law enforcement agencies, especially the paramilitary deportation squads.
Statistics show at least 90% of prostitutes in Mumbai as being Nepalese forced into the industry as indentured servants. Accommodation, health, security, jobs to support the family and social acceptance- there’s too much of a difference on paper and in real life. Because of violence, disease, malnutrition and lack of medical care, the average life expectancy of a typical woman in a brothel is less than 40 years, far below the national average. Rehabilitation and related services must call for special provisions for those found to be refugees, immigrants or basically sold.
Moreover, credible sources bring to light the presence of at least half a million children in the industry suffering from diseases like HIV and AIDS. These children even lack understanding of their state. In 70% of the cases, state officials say, girls refuse to say anything that may incriminate their pimps, who they consider as their parents.
Placing young girls in childless homes could go a long way. Therapeutic services and mandatory rounds with counsellors must be included in any government policy formulation. Government, social and security support to NGOs working for the same cause will add to the power of the struggle where the authorities can join hands with locals.
Riya Mathur is currently a student of Economics at the Shri Ram College of Commerce
The views expressed in this article are solely those of the author and may not necessarily reflect Qrius Editorial Policy