Recent harrowing case of rape and murder of a female doctor in Kolkata sparked widespread outrage and intensified calls for stronger legal protections for women. Sex workers from Sonagachi, Asia’s largest red-light district, made headlines by refusing to provide soil for Durga idols. It was accompanied by the powerful statement, “Come to us, but don’t rape”. This stand is not just a response to the ongoing cases of sexual violence but also a reflection of a long-standing struggle for recognition and respect. This statement has also given rise to a long-standing debate — should prostitution be legalised in order to keep the women of the society safe?
Prostitution was one of the first recognised professions of ancient India. The society then recognised the importance of that. The moral pandits of that time believed that the prostitutes ensured that the women of society were safe. The fact that there were negligible rapes in pre-Victorian India proves that they were right.
Taboo of sex in Indian society
Underlying this debate is the broader issue of how sex is perceived in Indian society. Despite being a country with a rich history of sexual expression, as evidenced by ancient texts and art, modern India often views sex as a taboo. This attitude contributes to the stigma surrounding sex work and leads to the perception of sex workers as immoral. This is one of the reasons why sex workers have limited recourse to justice.
Ved, 37-year-old communication professional, expressed a perspective that resonates with many, “With the increasing number of rape cases prostitution getting legalised is not a bad idea. Sex is a primal human need and in a country like ours it is still talked about in a hush-hush manner at homes. Normalising sex and creating avenues for people to pursue it without making it look shady would make a difference. At the same time, it would address the repressive way in which men view sex that serves as a catalyst towards sexual assault and rape.”
Rising tide
India is grappling with an alarming surge in rape cases. Women from all walks of life are reacting.
Riddhi Jagawat, a 24-year-old professional working in events and brand partnerships, differs about legalisation, “The debate over whether prostitution should be legalised shouldn’t overshadow the real issue. Prostitution has existed illegally for years, and legalising it won’t necessarily stop rape. Instead, we need to focus on what’s right. Educating people about the seriousness of rape and creating a society where the fear of punishment deters such crimes is mandatory. Legalising prostitution alone won’t solve deeper societal issues.”
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Historical context
Sex workers operated under regulated conditions during pre-colonial times and often enjoyed a certain social status and protection. They were also closely associated with traditional arts and culture, contributing to the vibrancy of the communities they served.
With British colonial rule, the legal status of prostitution changed significantly. Victorian morals and laws were introduced, leading to the criminalisation of the profession. This forced sex work underground, making them vulnerable to exploitation and violence.
Anaya Shah,24, feels, “Legalisation is essential because everyone in this country has their own rights and safety, and sex workers deserve the same. Legalisation can provide better health regulations, protect against exploitation, and offer a legal platform for workers. It will also help reduce stigma and create a safer, more inclusive society where everyone has control over their own bodies and lives.”
Current landscape
Prostitution itself is not illegal, but activities surrounding it — such as soliciting, running a brothel, or pimping — are criminalised. This framework creates a precarious situation for sex workers, pushing them into unsafe and exploitative conditions. Without legal recognition, they lack access to essential services like healthcare, legal protection, and social security. Moreover, they are often unable to report crimes committed against them, fearing retribution.
Mihir Gheewala, a criminal lawyer practicing in the High Court at Bombay for 29 years, elaborates on the complexities of the legal situation, “Prostitution is a long-standing social reality globally and is viewed as immoral across all societies. Few governments openly support prostitution, with Germany being an exception where it is legal, allowing for the establishment of regulated brothels. In India, prostitution is governed by ‘The Immoral Traffic (Prevention) Act, 1956,’ last amended in 1986. This Act criminalises the operation and leasing of premises for brothels and prohibits the inducement of any person into prostitution, with or without consent. However, the Act does not explicitly address the legality of the act of prostitution itself. In my view, prostitution is often ignored in societal discourse. Legalising prostitution will bring on to the surface an ecosystem that currently exists underground. The women concerned will be free from constant harassment from the police and several illegalities as everything is currently done hiding from the law. Further, they can be provided better health care and also it can lead to more healthier practices. Conversely, in a country with high unemployment, there is a risk that girls might be driven into prostitution, which could have negative impacts on families. Addressing trafficking and consent issues is crucial.”
Conclusion
The question whether prostitution should be legal in India is complex and requires careful consideration of multiple factors. Legalising prostitution could offer sex workers greater protection, reduce exploitation, and provide them with access to health and social services. Which in turn may reduce the fear and stigma factor among men. This may lead to lesser rapes as more men may choose to go to a sex worker to release themselves. However, it also raises concerns about potential increase in human trafficking.
The goal should be to create a society where all individuals, regardless of their profession, can live without fear of violence and exploitation. If legalising prostitution is the first step towards it, then let us take it.
