A PHILOSOPHICAL ANALYSIS ON THE LEGALISATION AND REGULATION OF PROSTITUTION IN INDIA
Authors: Nithika Elizabeth Rebello, Student of CHRIST (Deemed To Be University) Bangalore.
Best Citation – Nithika Elizabeth Rebello, A PHILOSOPHICAL ANALYSIS ON THE LEGALISATION AND REGULATION OF PROSTITUTION IN INDIA, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 282-288, ISSN – 2583-2344.
ABSTRACT
Prostitution can be defined as any practice or engagement in sexual activity with another person for payment of money or another form of gain in return. Prostitution is not recognized as a profession in India and is criminalized. According to the Indian Penal Code, 1860 [1](IPC) activities, such as soliciting, owning a brothel are punishable. Section 4 of the Immoral Traffic (Prevention) Act, 1956 [2]provides for the punishment of any person who makes an earning from prostitution. The criminalisation of prostitution leads to a vicious cycle of segregation and marginalisation of sex workers from the rest of society.
The question arises on whether prostitution is recognised as a profession from a philosophical point of view and if so, whether it must be brought under the regulation of the state. This paper by analysing legal theories of philosophy aims to examine the scope of morality related concepts to understand the ambiguity in the provisions of the Immoral Traffic (Prevention) Act which criminalises prostitution in India. It also seeks to make suggestions for incorporating the legal theory of liberal feminism in an effort to demonstrate that legalisation and regulation would generate better results.
KEYWORDS: Legalisation, morality, philosophy, prostitution, regulation, state
[1] Indian Penal Code, 1860, No. 45, Acts of Parliament, 1860 (India).
[2] Immoral Traffic (Prevention) Act, 1956, § 4, No. 104, Acts of Parliament, 1956 (India).