Beyond the shadows

There have been a lot of debates on fully legalising prostitution. Female sex workers enter into prostitution out of necessity, not personal choice. Those who support sex workers’ rights, inter alia, state that it provides sex workers more security and a source of income. Well, certainly, there are much better means to achieve all of this. No one would want to be born in any part of the world with the intent or desire to sell their bodies to make ends meet. Needless to say, neither a woman’s body nor even a man’s should be treated as a commodity that can be sold off.

The solution is to replace body trade with industries — big scale, medium scale, small scale, cottage, etc., scrapping off the sex trade. This would benefit women, their children, future generations, and humanity as a whole. Investors need to be encouraged to open industries in areas where such activities are largely practiced and liberally incentivise those providing employment to women in such conditions. For instance, special economic zones (SEZ) are designed to generate positive economic growth, attracting more industries from overseas. The aims of such zones include increased trade and investment, job creation, effective administration, etc. Similarly, there could be special schemes, both for internal investors as well as overseas, with the most lucrative tax exemptions, relaxed labour laws, lesser duties, tariffs, tax holidays, liberal investment schemes, trading, etc., for opening ethical businesses in red-light areas or including women in their businesses who have been part of the sex trade. To avoid unnecessary hassles, there could be straightforward regulations putting a complete clear estoppel with stringent penalties in case women or men indulge in sex trade while employed by such businesses.

Interestingly, the Constitution of India prohibits trafficking in human beings, beggars, and other similar forms of forced labour under Article 23(1). As per The Immoral Traffic (Suppression) Act, 1956, soliciting people and luring them into sexual activities is illegal. Any person who keeps or manages, or acts or assists in the keeping or management of a brothel is punishable on conviction with imprisonment. Having said that, prostitution otherwise is to some extent legal privately, which is a sad reality and said to be a compulsion. It is an imperative need to wriggle women out of such constraints and completely replace such situations, which have been a hiring hurdle for women engaged in white slavery for years.

Additionally, there could be a transfer of Corporate Social Responsibility funds for women in deplorable conditions, especially for skill development. Women can be given free training in various kinds of activities such as factories, construction, plantation, agriculture, dairy, handicrafts, handlooms, transport, hospitality, health, housekeeping, or any other activity, for that matter. In fact, if educated, they ought to be considered for higher posts, professions, services, etc. In case regular employment is not available, they could initially be considered for contractual, temporary, and similar employments.

The horizon and vision of women living in red-light areas need to be widened. One great saint said, the way to make people work is to show them will. Not only would the industrialisation of the socio-economic order providing a decent source of employment attract people to better alternatives, but diseases such as HIV and other sexually transmitted diseases would also be curbed. Recognising the existence of sex workers, giving them human rights and fundamental rights is essential, but recognising their work like other trades, jobs, or, in other words, regulating service conditions of such a profession where money is paid for using someone’s body ought not to be encouraged much; rather, it should be replaced at the earliest possible. In fact, making prostitution legitimate also goes against the International Labour Organisation’s definition of ‘decent work’.

Child prostitution, which usually manifests in the form of sex trafficking, in which a child is kidnapped or tricked into becoming involved in the sex trade, is a major issue in many parts of the world. Once sex trade would be replaced, such critical issues would also be tackled and resolved. The Indian Penal Code strictly deals with kidnapping and child prostitution. Sections 372 and 373 make the sale and purchase of minors for the purpose of prostitution an offense punishable with imprisonment and a fine.

In recent years, there have been many positive developments in India and other countries to empower women. There has been serious and effective implementation of several programmes and policies in India aimed at improving women's health, education, economic opportunities, overall well-being, etc. Catering to and replacing this rough trade industry with ethical jobs would make us exemplary for the entire globe! The entire humanity will be served. Definitely, the responsibility for this change is on the shoulders of each one of us.

The writer is a practising Advocate in Supreme Court and High Court of Delhi. Views expressed are personal