LEGALISING PROSTITUTION TO COMBAT HUMAN TRAFFICKING: EXAMINING THE POLICY DEBATE
AUTHOR – MEENAKSHI NIRMAL, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY), BANGALORE
BEST CITATION – MEENAKSHI NIRMAL, LEGALISING PROSTITUTION TO COMBAT HUMAN TRAFFICKING: EXAMINING THE POLICY DEBATE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 691-700, APIS – 3920 – 0001 & ISSN – 2583-2344.
This paper examines whether legalising prostitution is an effective strategy to combat human trafficking in India. It surveys India’s legal framework on prostitution and trafficking, assesses scholarly and policy literature, and compares outcomes in other jurisdictions (notably the Netherlands and Sweden). India’s law permits consensual sex work per se but criminalises related activities (brothel-keeping, pimping, public solicitation) under the Immoral Traffic (Prevention) Act (ITPA) and Indian Penal Code (IPC). Proponents argue that legalisation protects sex workers and reduces hidden exploitation, while opponents contend it expands demand and fuels trafficking. Empirical studies (e.g. Cho et al., World Dev. 41:67 (2013)) suggest a larger “scale effect” of legalisation leading to higher trafficking inflows[1][2]. The Netherlands’ regulated model has faced criticism for persistent underground sex markets and trafficking[3]. Sweden’s “Nordic model” claims success in shrinking public prostitution and deterring traffickers[4], but critics note data limitations and potential harms to sex workers. In India’s context, legalisation alone cannot resolve trafficking without robust enforcement, social welfare and addressing root causes. A nuanced approach is needed, balancing rights of voluntary sex workers with strict measures against coercion and exploitation. The paper concludes that legalising prostitution is not a panacea for trafficking in India; it may help protect sex workers if accompanied by safeguards, but will not by itself eliminate trafficking.
Keywords
Prostitution Legalisation; Human Trafficking; Sex Workers’ Rights; Immoral Traffic (Prevention) Act, 1956; Nordic Model; Anti-Trafficking Law.