Legalising prostitution

The newly appointed chairperson of National Commission for Women supporting the idea of legalising prostitution indicates a possible policy shift on this issue. It is an old debate. Opinions are sharply divided. However, the indication of a policy change has once again triggered a debate.

Any policy change has a serious bearing on the status and dignity of women. The advocates of legislative sanction to the sex trade often defend their stand on the ground of recognising the rights of these helpless women who are condemned to such an inhuman plight often for no fault of their own. It is true that welfare measures for the sex workers are often difficult to be implemented when they are not even recognised. These women are subjected to police harassment and suppression by mafia who make money by exploiting them. But, are these a ground to justify a legal sanction to sex trade?

Poverty, lack of skills, socio-economic deprivation etc., are the reasons for such a plight. Instead of addressing these concerns and providing the poor women gainful employment, legitimising prostitution would only turn it into an employment avenue. This would further encourage sex trade. It would not only further undermine the status and dignity of women but even disrupt social fabric. Brutal patriarchal suppression is forcing women in certain castes and communities into this inhuman practice. Any policy change in this regard would only legitimise such social conservatism too.

The illegal trafficking of women and girls is already a serious problem. Legalising prostitution would further promote this. Many national women’s organizations in a joint statement strongly felt that in a legalisation frame work, it is not the prostitutes who are protected, but the traffickers, pimps, procurers and the buyers of sex.

Sex trade grew exponentially in countries like Germany and Netherlands after legalising it. Therefore, decriminalising prostitution will not provide social protection to sex workers. It will not reduce crimes related to sex trade and curb trafficking of women. But it will give moral and social sanction to men who indulge in buying sex. It would destroy the family structure that remains the essence of Indian social life. Giving legal sanction to prostitution cannot convert this into a dignified and safe occupation.

International experience in this regard is confusing. Sweden criminalised buying of sex but decriminalized selling. This supposedly protects sex workers from punishment while prosecuting the buyer. But will such a law work in India where law enforcement agencies are also not free from patriarchy?

Instead of legalising prostitution, the government should focus on removing multiple forms of deprivation that breed such practice. It should also take strict action against those who are responsible for trafficking of women and girls. Legislative change is not mandatory to extend welfare and social security measures to the victims of sex trade. Priority should be given to rehabilitation of such women.