Legalisation of Sex Workers in India
Legalisation of sex workers is a big conversation in the law of India – it raises legal and moral questions that probably don’t all have definite answers. In India we have 4 million sex workers. It is a living fact that many of these workers are abused, their children are neglected and prone to abuse and their lives are far from ideal. Can we ignore this fact? Is there a question of basic human rights?
Whether a woman is a sex worker out free choice or is coerced in some way or forced by poverty etc does she still not have her basic human rights? Should they have those rights protected?
The1956 law on this states the following:
- A woman cannot solicit in public spaces
- Brothels are not allowed, brothel ownership is criminal
- Anyone else profiting from her work is committing an offence
Delhi Criminal Lawyers is not suggesting a free pass to all India to become a sex worker. But regulating sex work does mean that women’s rights, health and lives can be protected.
Criminalising women simply makes it even more difficult for them to take their lives and their children’s lives forward.
There is a need firstly to recognise this issue and secondly to regulate with licenses to protect women. For example if a man abuses any situation within the legislation then there is recourse for the woman to take action or protect herself.