LEGALISATION OF PROSTITUTION
INTRODUCTION
Prostitution is the act of engaging in generally indiscriminate sexual contact with someone who is not a spouse or friend in exchange for immediate monetary or other valuable remuneration. Prostitutes can be female, male, or transgender, and prostitution can be heterosexual or homosexual, although traditionally, the majority of prostitutes have been female, and the majority of clients have been men.
Prostitution is viewed differently in different communities due to culturally defined ideals. Prostitutes have been considered part of a recognised profession in some civilizations, while they have been shunned, hated, and punished with stoning, jail, and death in others. Few societies have treated clients with the same harshness, in many societies, clients face few, if any, legal consequences. Prostitution has been demanded of young girls as a rite of puberty or a means of gaining a dowry in various civilizations, and prostitution of a specific class of priestesses has been required in some faiths. Prostitutes were required to wear distinctive clothing and pay heavy taxes by the ancient Greeks and Romans. Although Hebrew law did not outright prohibit prostitution, it did limit it to foreign women.
Prostitution's History
Everything that exists today has its past. Some customs date back to antiquity, while others are still practised today. Religious, ancient, and literary history are the three basic categories in which history can be divided.
Religious history is all about the supreme force that we worship in the name of God, as well as their words, teachings, habits, and personalities.
Apsaras were lovely dancers who performed for Indra, the god of rains and also the monarch of gods. They were Indra's most valuable possessions; the Vedas mention a few of them, the most beautiful of whom are Urvasi and Menka. He asked the Apsaras to beguile and distract his adversaries with their beauty and dance whenever his kingship was threatened. They lived together without a wedding ceremony at times. If we look closely, we can see that these Apsaras are what we call prostitutes in today's world. The Apsaras were courtesans who were highly revered, and their names are still remembered with reverence today. A prostitute is mentioned not just in the Vedas, but also in the Bible, where Jesus Christ accepts a woman into his kingdom even though she is a prostitute.
How far can we take the legalisation of sex labour?
In nations like India, the limited scope of sex education in schools demonstrates that sex is still considered taboo. Legalizing sex employment is virtually blasphemous in a social and cultural milieu where sex is prohibited. The persistence of homophobia and transphobia feeds this taboo. For example, in India, Section 377, which decriminalised homosexuality, has yet to be fully implemented. Despite India's long history of female independence and empowerment, which can be traced back to ancient and medieval Buddhist literature that glorified prostitutes who ascended to become monks (Amrapali), the inherent idea behind sex labour is widely reviled.
The legalisation of sex labour is a paradox in and of itself. One alternative for legalised sex work, for example, could be to employ urban zoning centers where prostitution is tolerated (although this strategy reported bleak results in Britain). Sex workers could also be licensed, however, this could lead to discrimination and bias based on identity (e.g., caste) and impinge on the privacy of sex workers.
As a result, legalisation is a contentious issue. However, exploitation may be the only alternative to legalisation.
The Advantages of Making Prostitution Legal
The advantages of legalising prostitution extend beyond individuals who work in the sex business. Allowing brothels to operate legally and openly brings in a lot of money for the state. Since the implementation of new laws and restrictions, the situation for many sex workers in the Netherlands has significantly improved. The legalisation of sex work ensures that enterprises in the sex work industry follow labour regulations.
As a result, the number of people in danger of forced prostitution and human trafficking has decreased in the Netherlands. Anyone who aids in human trafficking in the Netherlands faces a sentence of up to 18 years in jail. Although this hasn't eliminated forced prostitution in the country, it has made it much easier to oversee kids' illicit exploitation. According to the Dutch Ministry of Foreign Affairs, sex work is only authorised for anyone over the age of 21.
According to researchers, the legal sex work business employs up to 31,000 individuals in the Netherlands. There are still concerns with illegal prostitutes' living conditions, but their lives have vastly improved for those with residency cards. In the early 2000s, the Dutch government performed research on the quality of life of sex workers, finding gains in numerous categories from 2002 to 2007. Mental and physical healthcare (including STI preventative treatment), safer and more accessible ways of reporting violence and abuse, and improved infrastructure and working conditions are all proven benefits of legalising prostitution.
CONCLUSION
In the face of increased support for legalising sex work, skeptics are concerned that the genuine repercussions of legalisation would be overlooked. According to studies, the majority of female sex workers engage in prostitution out of necessity rather than choice. We can consider if it is justifiable to continue criminalising workers to keep them confined when we could instead focus on assisting sex workers in escaping prostitution. Licensing or some other form of sex work certification that adds to their résumé would normally be deemed a probable blemish on their record.
A second issue focuses on the potential that legalisation would encourage human trafficking. Greater legitimacy for sex work could lead fuel that sector's economy, however, sex workers would likely not benefit from such expansion. The majority of sex trafficking networks operate in the shadow economy, with revenues concentrated well beyond the reach of sex workers. We must keep in mind that legalisation will not automatically shift profits to the poorer echelons of society.
Finally, sex work is still a largely unorganised industry, with many women working from home. Many people would be forced to work outside as a result of legalisation, and greater stigma would soon follow. Some neighbours may prohibit sex workers from residing in their neighborhood. Under a legalisation plan, sex workers who are too afraid to come out would likewise be excluded from labour law safeguards.
REFERENCES
http://www.legalservicesindia.com/article/2460/Legalization-of-Prostitution-in-India:-Needof-the- hour.html#:~:text=There%20are%20many%20laws%20in,their%20business%20in%20the%2 0open%20.
https://www.ijlmh.com/paper/legalization-of-prostitution-in-india/
https://harvardcrcl.org/to-protect-women-legalize-prostitution/ https://www.borgenmagazine.com/benefits-of-legalizing-prostitution