The Chronicles Of Prostitution An Indian Historical Perception

Author: LawSphereX

Category: General Law

Published: 2026-08-23T21:14:47.660782+00:00

Updated: 2026-08-26T17:05:58.944+00:00

THE CHRONICLES OF PROSTITUTION AN INDIAN

HISTORICAL PERCEPTION

Adv. Sakhi Patil (B.A. LL.B. (Hons.), LL.M, NET) Student (HPNLU, HNLU), Former Visiting Law Faculty (Dr. Ambedkar College, Nagpur)

ABSTRACT

The chronicles of prostitution trace its origins back to ancient civilizations, where it was both condemned and revered, depending on the cultural and societal context. Often dubbed the “oldest profession,” prostitution has been a part of human societies for thousands of years, evolving alongside shifting social, economic, and legal paradigms. In the ancient period, temple prostitution was institutionalized as a religious practice, with priestesses serving as intermediaries between deities and worshippers. Similarly, in ancient Greece and Rome, courtesans and hetairai were respected for their beauty, intellect, and companionship, catering to elite members of society. This juxtaposition of reverence and stigma set the stage for future complexities in the perception of prostitution.

During the medieval period, prostitution was marginalized and viewed as a necessary evil to curb fornication and adultery. Brothels were licensed and regulated by local authorities, reflecting society’s ambivalence toward the trade. The colonial period witnessed a surge in moral opposition, with prostitutes being increasingly criminalized and stigmatized. This culminated in the 19th century, when industrialization and urbanization led to an exponential increase in sex work, alongside the spread of venereal diseases, prompting governments to implement stringent laws and medical checks. In modern times, the discourse around prostitution has become more nuanced, shaped by debates on human rights, consent, and autonomy. Prostitution is viewed through varied lenses, from the voluntary and empowered sex worker to the exploited and trafficked victim.

The narrative of prostitution remains complex and multifaceted, as societies continue to grapple with ethical, legal, and human rights considerations, making it an enduring social issue that reflects broader societal values and norms.

INTRODUCTION

“Slavery still exists but now it applies only to women and its name is prostitution. ” - Victor Hugo In the year 2022, certain newspaper articles published the judgment of the Budhadev Karmaskar vs. State of West Bengal1, which stated that the Supreme Court of India recognises Prostitution as a “Profession”. Despite often being referred to as the world's oldest profession, the judgment was a big step for the prostitution community. This judgment, not only granted them recognition of belonging to a legitimate profession but also granted them the rights of ordinary citizens. One cannot refute, that prostitution is a hammered yet stimulating section in the history of civilisation and modern society. It is ironic to note that prostitutes required a court judgment to gain access to the rights afforded to ordinary citizens.

Despite being citizens themselves, they are often not treated as such With time their treatment by society and the stigma attached to them has drastically changed. The term "prostitute" carries societal perceptions that, regardless of the rights they may receive, continue to reflect blame and stigma in all its forms, often used to offend a woman and her sense of womanhood, leading to negative impressions of the word. Legally speaking the word "prostitute" is derived from the Latin words "prostibula" and "proseda. " In ancient Greek society, establishments existed where prostitutes, also known as harlots, were allowed to work in the afternoon. The girls would stand or sit in front of the “lupamaria” or “prostibulum” i. e. brothels to entice passersby, which led to them being referred to as "prostibula" or "proseda.

"2 "Lupamaria" refers to brothels or establishments where prostitutes worked in ancient times. The term is derived from "lupa," which means she-wolf in Latin and was often used as a euphemism for prostitutes. These places were typically where prostitutes (or harlots) would gather and display themselves to potential clients, and the name reflects the historical perception of these women and their trade. Morally prostitutes are placed on the other side of societal norms, where they are treated as victims and punished for their actions. However, from their perspective, prostitutes see themselves as both liberated and enslaved simultaneously, navigating a complex existence of personal freedom and societal

1 2 (5) & 28 of 2022, IJLR.

2Lalita Dhar Parihar, WOMEN AND LAW: FROM IMPOVERISHMENT TO EMPOWERMENT – A CRITIQUE, pg. 322 (1st edn, 2011).

bondage.3 Several civilized countries have proposed solutions, with some successfully mitigating the harmful impact of prostitution. To fully grasp this issue, it is essential to delve into its historical roots, as doing so reveals the power to challenge and reshape dominant moral perceptions embedded in the society. How the society interprets an event, person, or activity is largely shaped by their thought patterns, making it crucial to reconsider these underlying assumptions. Understanding this requires a careful examination of how events, individuals, or activities are viewed through shifting patterns of thought. The study of prostitution in India has been examined across various eras and time periods, with efforts made to understand its evolution throughout history.

EVOLUTION OF PROSTITUTION THROUGH THE ANCIENT ERA

“People tend to be put off by the idea of selling sex, But if you spend a winters’ night with one of them and talk with her, About her family and so on, You are likely to find, she’s just like any other women. ” - Eiji Yoshikawa “The Art of War” The earliest human records of prostitution date back to around 4000 BCE. However, in India, its exact origins remain unclear. 4 References, to women involved in such activities appear in various scriptures and historical documents. Prostitution in different forms can be traced back to prehistoric times when the concept of civilisation had not yet emerged. During this period, men and women cohabited in a manner similar to animals,5 with sexual relationships confined to tribal groups where partners were frequently changed.

Pre-Vedic to Post-Vedic period It is imperative to recognize that Vedic texts are primarily ritualistic and religious, not historical accounts. However, when combined with archaeological evidence, they can serve as valuable sources of information about various aspects of people's lives during that time. Archaeological discoveries from the Pre-Vedic age have revealed much about the highly urbanised Indus Valley civilisation. Many historians estimate the composition of the earliest Vedas to have occurred 3Veerendra Mishra (ed. ), HUMAN TRAFFICKING-THE STAKEHOLDERS PERSPECTIVE, 1(1st ed, 2013). 4 F. Arnold Clarkson, History of Prostitution, Canadian Medical Association Journal, Sept. 1939, pg 296-301.

5 S.N. Sinha & N.K. Basu, THE HISTORY OF MARRIAGE AND PROSTITUTION, pg 22, (Rita D.

Sil, ed 1992)

between roughly 1200–1000 BCE or 1500–1000 BCE. 6 The institution of courtesans was a distinctive feature of the advanced urban society, as referenced in literature from the pre-Vedic to post-Vedic periods. 7 Scholars suggest that prostitution as a profession appears in literary works from a few years or centuries before the Vedas. This is seemingly confirmed by the discovery of statues of goddesses portrayed as sacred prostitutes performing their duties within the temples of the Mother Goddess. Although there is no direct evidence of prostitution during this time, these archaeological finds hint at its possible presence. Prostitution becomes more evident during the Vedic era, with the earliest mention appearing in the Rigveda, the oldest literary work of India. The Aryans of that time practised sacrificial rites, which often led to intoxication and, ultimately, promiscuity.

8 Polyandry and group marriage were also on the rise during this period. It is believed that the concept of prostitution was not yet fully developed, but the idea of illicit lovers, known as jara and jatini—the male and female lovers of a married spouse—did exist. While professional prostitutes are known to receive payment for their services, it is unclear whether these illicit lovers received any form of compensation at the time, as currency did not exist, and the barter system was prevalent. Gifts exchanged in these relationships may have been analogous to cash payments. References in the literature suggest that women were given gifts for their favours, leaving it ambiguous whether these relationships were consensual or a form of exchange for the gifts they received.

9 Even in the earliest Vedic period, extramarital relationships were not uncommon, and unions driven by lust were mentioned quite freely. The literature from this time suggests the presence of women with loose morals and even wives engaged in illicit love affairs. Although extramarital love was often voluntary and unpaid, men might have regarded these liaisons as a service, for which they were expected to provide some form of compensation. As long as these affairs were confined to one person, they were seen as temporary arrangements rather than a profession. 10 Despite the Vedic culture's emphasis on high moral values and metaphysical reflection, it did not shy away from the pleasures of life.

6 Upinder Singh, A HISTORY OF ANCIENT AND EARLY MEDIEVAL INDIA: FROM THE

STONEAGE TO THE 12THCENTURY, pg. 18-21, (Delhi, Pearson, 2009)

7 S. R. Sarode, HISTORICAL STUDY OF PROSTITUTION TRADE IN INDIA: PAST AND

PRESENT,(University Grants Commission, 2015).

8 Ibid.

9 Sukumari Bhattacharji, Prostitution in Ancient India, Social Scientist, Vol. 15, No. 2, pp. 32-61 (Feb 1987).

10 Supra note 9.

In Vedic literature, particularly in the Aitareya and Sankhayana Aranyakas, prostitutes are mentioned in what appears to be an obscene altercation with the neophyte (brahmacarin). In the Vratyasukta of the Atharvaveda, prostitutes follow the Magadha, indicating their role in fertility rituals, a function that persisted in rituals and literature over the ages. In later Vedic times, sacrificial fees (daksinas) to officiating priests included horses, cattle, gold, and women of various categories, including unmarried women, married women without children, and married women with children. The Rigveda and Yajurveda indicate that after the institution of marriage had been established, promiscuity was largely confined to religious and political celebrations.

11 During this time, the Aryans sought to promote monogamous sexual relationships within marriage, and the need for prostitution outside of marriage was minimal. Nevertheless, various instances suggest the existence of prostitution, such as the presentation of beautiful, accomplished maidens as tokens of friendship to kings during transactions between the Dravidians and Panis (a class of Aryan merchants), or the gifting of slave girls by sages to kings, as mentioned in Rigveda texts. 12 In the post-Vedic period, prostitution became more widely accepted and recognized in society, with prostitutes commonly referred to as Vishyas or Veshyas. Initially associated with merchants, this term lost its original meaning and came to be referred to as someone easily approachable. 13 Prostitution as a profession is referenced in literary works a few centuries after the Vedas (Bhattacharji 1987, p.

32). Exploring historical dictionaries on prostitution reveals insightful details, in addition to older Vedic and later Vedic terms like agru, hagra, atiskadvatri, and anid vrsali, each of which highlights different aspects of public women. Later periods introduced various synonyms that changed over time and across regions. 14 The development of prostitution as a profession was gradual and differed depending on location and era. By the later Vedic age, around the 8th or 7th century BCE, prostitution had become a more formalised social institution. Once such term is Ganika. Because of their youth, beauty, training, and accomplishments, ganikas were considered symbols of superior social status. They enjoyed a better legal and social position as compared to other women, particularly in ancient India. Treated like

11 Supra note 7.

12 Ibid.

13 Moti Chandra, THE WORLD OF COURTESANS, 45 (Vikas, New Delhi, 1973).

14 Supra note 9.

government servants, they were allowed to form associations and received a fixed salary from the king, since much of their earnings were transferred to the state treasury. A minister oversaw their activities, and the state provided for them in their old age, as they could not marry. Their daughters or sisters inherited their property. Furthermore, they were protected by the state, which established rules governing their profession. For example, clients were not allowed to mistreat ganikas or withhold payment for their services. Despite these privileges, some regulations worked against ganikas. For instance, they were not allowed to buy their freedom from the profession because the price was prohibitively high, and food prepared by them was considered unacceptable.

Although it is difficult to draw comprehensive conclusions about their social position, it is evident that their conditions were significantly better than those of modern-day sex workers. Another source of prostitution was the royal palace, where kings would summon attractive maids for a few days and then abandon them. In Vidarbha, the king would enjoy the company of beautiful women for about a month before sending them away. In some instances, even the wives of ministers were summoned, and their only option afterwards was to retire into prostitution. Buddhist and Epic period Early Buddhist literature, especially the Jatakas, provides significant insight into the existence of various categories of prostitutes. These texts offer detailed information about their fees and financial positions.

The Pali term muhuttika (lasting for an instant), or its Sanskrit equivalent muhurtika, referred to purely temporary unions without any lasting relationship or obligation. The Jatakas mention different types of prostitutes, such as vannadasi, vesi, nariyo, gamaniyo, and nagarasobhani itthi. Buddhist texts also refer to muhuttia and janapadakalyani as the most beautiful women who could be enjoyed by an entire kingdom. The term ganika likely originated as a reference to a woman who served all the members of a gana (a tribe) and later, the members of a political unit or confederacy. Over time, names like salabhanjika were also used to refer to prostitutes, as seen in Jatadhara’s dictionary. Buddhist literature frequently mentions the high fees of famous ganikas. Additionally, texts like Bhatti

and Parivvayam denote different types of fees associated with prostitutes15. Buddhist literature records instances where prostitutes gave away their property. A ganika could be redeemed by a sympathetic customer, but her redemption money, known as niskraya, was charged at a high rate. Determining the social status of prostitutes during this period is difficult, as they did not belong to a single category. They were divided based on various factors. An accomplished young beauty could set a high price for her services if she was in high demand. The Kurudhamma Jataka discusses the ranks of royal attendants, noting that the lowest position was held by the doorkeeper (dwarika), who was still ranked above the public woman (ganika). In every city, there was a chief courtesan, the janapadakalyani or sadharani, who was considered an ornament to the city.

These women were highly regarded for their beauty and culture and could command high prices for their favours. The word janapadakalyani literally meant the most beautiful woman in the country. Buddhist texts like the Digha Nikaya, Majjhima Nikaya, and Samyutta Nikaya mention affluent and powerful courtesans who generously supported the Buddha and his followers. One example is Ambapali, who hosted a grand feast for the Buddha and his 1,000 followers and later donated her mango grove to the Buddhist order. Salavati’s daughter, Sirima, received 1,000 kahapanas per night for her services. Another story tells of a banker’s daughter who became a prostitute after her father set her price too high, resulting in few customers. She eventually lowered her price by half and became known as Ardhakasi16.

The texts also record the generosity of courtesans like Amrapali, who supported other courtesans and performed acts of public service, such as feeding the hungry during famines and donating money, land, and property for Buddhist causes. These courtesans frequently hosted lavish feasts for the Buddha and the monks. Once they accumulated wealth, many courtesans engaged in public works, sinking wells, building bridges, gardens, temples, and sacred mounds (caityas), and donating money to those in need. Through such acts of charity and public service, they contributed to the community’s welfare17. 15Supra note 9 at 38.

16 Supra Note 9 at 36.

17 Supra Note at 44.

It is believed that during the epic period, myths and legends concerning prostitution emerged. Courtesans held legal status, and vaishyas (prostitutes) were commonly mentioned in ancient scriptures from the time of the Pandavas and Kauravas. In the Mahabharata, courtesans appeared in various forms, with some of the most famous being Urvashi, Rambha, and Menaka. 18 Although the Mahabharata provides a mythical account of the origins of prostitution, the Kamasutra by Vatsyayana explains that many women turned to prostitution after being abandoned by the men who had seduced them, as they had few other options available. Numerous myths and legends address the origin of prostitution. One account in the Mahabharata describes the destruction of the Yadavas and Vrsnis, after which the women of these tribes were abducted by barbarian raiders.

In regions such as Kuru and Pancala, which were home to the Madras and Sindhu-Sauviras, Brahmin sages like Dalbhya Caikitayana and Astavakra (the nephew of Svetaketu) were said to be associated with the teachings of erotics, a field that included prostitution. Both the Mahabharata and the Matsya Purana present mythical explanations for the origin of prostitution. Ksemendra also notes that wicked mothers would offer their daughters, who had been used and discarded by men, to others19. Mauryan, Gupta, and Mughal period During the Mauryan period, Pataliputra was a flourishing centre for prostitution, marking the first instance of organized prostitution colonies being developed, regulated, and taxed. Kautilya’s Arthashastra laid out directives regarding the behaviour and conduct of courtesans and their roles in political espionage.

20 Various terms such as ganikas, devadasi, dasi, and veshya were used to describe courtesans and prostitutes. With his keen economic insight, Kautilya introduced the concept of state-controlled prostitution. Prostitutes were seen as significant revenue generators for the state, treated as state property, and any harm to them was considered a loss to the state. Courtesans and prostitutes paid taxes, and their rights, privileges, and safety were recognized in return. Prostitution was elevated to an art form, studied and taught by experts, with organized brothels receiving state protection in exchange for tax benefits, unlike individual prostitutes who had little protection against abuse21. According to Kautilya, prostitutes were recruited from four primary sources: daughters of prostitutes, women purchased or captured in war, and women punished for adultery. Among

18 Supra Note 5.

19 Supra Note 6 at 507.

20Supra Note 13. 21Ibid.

the prostitutes, ganikas held a special status as wealthy courtesans and government servants with clearly defined rights and responsibilities. These ganikas were primarily enjoyed by kings, princes, and wealthy merchants. The daughters born to ganikas were expected to follow in their mother’s footsteps. Buddhist literature, particularly the Jatakas, also provides evidence of the existence of various categories of prostitutes during this time. 22 Any harm to them was also punishable under state laws. Some prostitutes received pensions for their old age and were later employed as cooks, storekeepers, or caretakers of brothels after retirement. 23 By the early Gupta period, the institution of courtesans had evolved significantly, influencing social and cultural life. It was during this time that Vatsyayana composed the Kamasutra, reflecting the well-developed institution of courtesans.

However, the system of state-managed prostitution, while organized, did not grant complete freedom to the prostitutes. They were not free to refuse clients and were fined or punished for disobedience. In South India, a different form of prostitution known as the devadasi system existed, where young girls were dedicated to deities and considered married to the gods. This practice, originating from the ritual of dancing to please the deity, became intertwined with temple economies. Most devadasis came from lower-caste families, who offered their daughters to the gods. These women performed temple chores, rituals, and dances, but over time, they were exploited for immoral purposes. Accounts suggest that devadasis were often used to please temple priests sexually.

This system persists even today, with many young girls trafficked from villages to red-light districts under the guise of being devadasis. In North India, similar customs existed, where young virgin girls were offered on special religious or secular occasions, known as dakshinas or sacrificial fees, often given to priests, Brahmins, or guests. These women were used for marriage, pleasure, or servitude and were sometimes sold off to brothels or the slave market. 24 As towns and cities in northern India grew due to increased trade, these urban centres became hubs for courtesans, who entertained travellers, soldiers, and wealthy patrons. The chief courtesans maintained their own dancers and singers for entertainment and were sometimes used as spies for the king. 25

During the Mughal period, Akbar established regulations for prostitution, placing brothels outside the city limits. Concubines and slave girls lived lavish lifestyles, as nobles and kings spent extravagantly on them26. Eunuchs were employed to supervise them in the harems, and some nobles even practiced sodomy. Prostitution was common at social and religious events, with famous courtesans like Anarkali, Lal Kunwar, and Nur Bai gaining prominence. Aurangzeb attempted to curb prostitution, but the practice was too widespread, and encouraged by wealthy patrons. Hindu rulers such as Baz Bahadur of Malwa and Raja Indrajit Singh of Orchha were also great supporters of prostitution. 27 The Indian Supreme Court later addressed the traditional initiation of women into prostitution in cases like Gaurav Jain vs. Union of India28 29. By the Smriti period, the status of ganikas had begun to decline.

Once highly educated and skilled in various arts, they were esteemed by kings and other admirers. However, Vatsyayana’s Kamasutra suggests that once a chaste woman was seduced and abandoned, she often had no choice but to turn to prostitution. 30 Colonial Period During the colonial period, the social perception of prostitution, morality, and the conditions of the trade underwent significant shifts. The arrival of Europeans, including the Portuguese, French, and British, altered India’s social, political, and economic landscape. 31 As these European traders settled in India, particularly in port cities, prostitution flourished in these areas. The British, in particular, were struck by the tolerance toward prostitution in Indian society. S. M. Edward’s writings on crime in India reflect this sentiment, as he noted the

26 Supra Note 7.

27 Ankur Shingal, The Devadasi System: Temple Prostitution in India, UCLA Women's Law Journal,

(2015)

28 (1997) 8 SCC114, 1998 SCC (Cri) 25, AIR 1997 SC 3021.

29 It is an affront to human dignity and self-respect but the pursuit of customary beliefs traps the fair sex into glorified, self-sacrifice and ultimately leads to prostitution service in the temples and charitable institutions etc. which is a crime against humanity, violation of human rights and obnoxious to the Constitution and the Human Rights Act. They are void under art 13 of the Constitution of India and punishable under the law. They are antithetical to the constitutional schemes. Fundamentalists and proponents of these practices are constitutional criminals. These unfounded customs cannot have legal sanction. On the other than, penal enactments provide for abolition thereof.

Instead of progressive outlook, unfortunate regressive tendency of late is raising its ugly head to glorify these ignominious practices which is leading not only to abetment of commission of the crime, but also misleading the unfortunate, illiterate and weaker sections of the society, to be taken in seriously by the latter by their false promises or false theories such as God’s ordain which finds easy acceptance by the poor and illiterate and is acted upon. Every right-thinking person should condemn such attempts apart from keeping and helping strict implementation of the law prohibiting initiation of the nasty practices wherein the eldest girl child in particular families is forced to prostitution. SCC 133, para 28

30 Supra Note 27.

31 S.M. Edwardes, CRIME IN INDIA: A BRIEF REVIEW OF THE MORE IMPORTANT OFFENCES

INCLUDED IN THE ANNUAL CRIMINAL RETURNS WITH CHAPTERS ON PROSTITUTION &

MISCELLANEOUS MATTERS, 71 (1924).

surprising tolerance of Indian society toward prostitution. He observed that many Indians, representing orthodox and conservative opinions, viewed prostitution with tolerance, and sometimes even respect and approval. This starkly contrasted with British perceptions, where prostitution was seen as a degrading lifestyle for poor women. 32 It was considered an occupation in India but in Britain, prostitution was more of a degrading lifestyle for poor women. Taking advantage of this tolerance, the British began to exploit Indian prostitutes, both for their benefit and for the British troops stationed in India. As prostitution became more rampant, the British felt the need to organize and regulate the trade, partly to ensure their access to women and to push forth the colonial project of racial superiority, which often involved denigrating Indian prostitutes.

This led to the institutionalization of prostitution throughout the state, resulting in several state-run brothels, especially in cantonment areas, known as chaklas. These brothels were notorious for the abuse and exploitation of women by soldiers. 33 One of the key aspects of this regulation was the enactment of the Contagious Diseases Act of 1868, which introduced periodic medical checkups for prostitutes. Women working in brothels were issued identity cards and registered with detailed information. These medical checkups often resulted in arrests, humiliating examinations, and the forced confinement of prostitutes in hospitals until they were deemed cured. Although the act was later repealed, it reinforced the perception of prostitution as an abhorrent and degraded profession in Indian society.

This legislation also left a lasting impact on India’s legal framework, with its influence still seen in the Indian Penal Code (IPC) and local police regulations. 34 Disparate sources, including reports on crime in British India, travelogues by Western travellers, and arguments by British feminists advocating for the abolition of prostitution, began to shape a negative perception of the profession. 35 Nationalists blamed British rule for the rise of commercial sex in India, while some British officials argued that prostitution was driven by the intense demand for male progeny in Indian families. This narrative laid the foundation for criminalizing prostitution in India, influencing both social attitudes and legal instruments.

36 The treatment of prostitutes under the Contagious Diseases Act, where they were treated as criminals, helped shape the collective consciousness that viewed everything associated with

32 Supra Note 31.

33 Rukhsana Iftikhar, Colonial Desire, Orient Beauty: Army and Prostitution in British India, Journal of the Research Society of Pakistan, (Vol 55, 2018).

prostitution—except for the act of sex itself—as criminal. As a result, red-light districts, previously unheard of in India, began to be established in both cantonment and non-cantonment areas. This was a direct consequence of colonial influence, which gradually replaced the earlier social constructs of prostitution with new informal and formal regimes, many of which continued even after India gained independence from Britain. 37 As the colonial period progressed, the Indian state adopted a deprecatory view of prostitution, in line with British attitudes. However, during the Constituent Assembly debates, there were discussions acknowledging the practical realities faced by prostitutes. Despite this, the general disdain for the profession led to the classification of what had once been a legally recognised institution, as criminal activity.

Over time, a class of women emerged who were forced into prostitution for various reasons. Many could not find suitable husbands or had become widows at an early age. Others faced unsatisfactory marriages, were abducted, trafficked, coerced, or denied social status. Some women were even offered as gifts or sacrifices for religious purposes. Economic hardships also drove many women into prostitution as a means of survival. This gradual shift in social and economic conditions forced more women to take up prostitution as a profession. 38

THE LEGAL AND JUDICIAL DEVELOPMENTS

Prostitution will always lead into a moral quagmire in democratic societies with capitalist economies... It invades the terrain of intimate sexual relations yet beckon for regulation... A society’s response to prostitution goes to the core of how it chooses between the rights of some person and the protection of others... ” - Barbara Meil Hobson “Uneasy Virtue” In India, legislative actions regarding prostitution began during the British era, before independence, between 1864 and 1895. During this period, laws were enacted to regulate and manage prostitution within British military bases. Military officials licensed prostitutes, allowing them to associate only with soldiers. Many of these women came from impoverished backgrounds, and their financial hardships drove them into the trade.

The practice of prostitution became a contentious issue between Indians and the British after the enactment of the Cantonment Act. From 1864 to 1869, numerous regions of British India,

37 Supra Note 5 at 25.

38 Supra Note 31.

including military cantonments, witnessed a rise in cases of venereal diseases among British soldiers. The Cantonment Act aimed to combat the spread of these diseases by requiring women engaged in prostitution to register. These women had to undergo regular medical examinations and were issued licenses in the form of cards. Women found to be infected were required to receive inpatient treatment. During the early rule of the East India Company, several regulations were introduced to address sexual offenses, eventually leading to the formulation of the Indian Penal Code (IPC) in 1860. The IPC dealt with sexual offenses, primarily aiming to protect the modesty of women and prevent forced illicit sexual intercourse. It also defined various offenses and prescribed corresponding punishments.

The framers of the Indian Constitution were fully aware of the exploitation of women and girls, often driven by adverse socio-economic conditions. To address this, they incorporated several provisions into the Constitution aimed at protecting individuals from all forms of exploitation, including immoral trafficking. The Indian Constitution upholds numerous international human rights norms, prohibiting human trafficking and ensuring the right to life and personal liberty under Article 2139. To better understand the constitutional and legislative framework regarding prostitution, it is important to review the relevant provisions. Article 14 guarantees equality before the law and equal protection under the law, prohibiting unreasonable classification.

Article 15 prohibits discrimination and allows the state to make special provisions for women, interpreted as enabling positive discrimination in their favour40. In Mahadeb Jiew vs. B. B. Sen41, the Calcutta High Court held that Article 15(3) could not be used to authorize discrimination against women. Rather, it was clear from the language that the intent was to protect the interests of women and children. Article 15(3) has thus been applied to uphold legislation benefiting women, but not to justify discrimination against them. However, courts often struggle with the interpretation of whether legislation benefits or discriminates against women, as the doctrine lacks clear guidance. This absence of a substantive approach to equality has allowed laws to be classified as protectionist42 without thorough consideration of their actual benefit to women, as seen in

39 M.P.Jain, INDIAN CONSTITUTIONAL LAW, 1178-1250 (Lexis Nexis Butterworths Wadhwa,

Nagpur, 8th edn, 2018).

40 Id at 928-1019.

41 AIR 1951 CAL 563.

42 Nivedita Menon, GENDER & POLITICS IN INDIA, 205, (1st Ed, 1999).

Anjali Roy vs. State43. Another significant right is Article 23, which prohibits trafficking and forced labour, making any violations punishable by law. Article 25(2)(b) explicitly allows for social reform measures and prohibits practices like the Devadasi and Jogini systems44, ensuring that such reforms are not voided under the guise of religious freedom. In terms of Directive Principles of State Policy, Article 39 calls on the state to secure equal means of livelihood for men and women and ensure equal pay. This provision aims to prevent citizens from being forced into unsuitable vocations due to economic necessity. Article 39(e) directs the state to ensure that children, in their tender years, are protected from abuse, and Article 39(f) emphasizes protecting children and youth from exploitation and moral or material neglect.

These provisions reflect the Constitution’s commitment to safeguarding the interests and welfare of children, who are often victims of trafficking or prostitution. Article 42 further requires the state to ensure just and humane working conditions and provide maternity benefits45. Post-Constitution Development Domestic Legislation Following the Trafficking Convention: SITA (1956) and ITPA (1986) As a welfare state, India has made significant efforts to control and eradicate prostitution, with several laws enacted to protect the rights of women. The Suppression of Immoral Traffic in Women and Girls Act (SITA) was introduced in 1956, making it illegal to operate brothels, entice women and girls into prostitution, and engage in trafficking. This act was designed to implement the constitutional provisions and ensure alignment with the Trafficking Convention.

SITA (The Suppression of Immoral Traffic in Women and Girls Act, 1956) The Suppression of Immoral Traffic in Women and Girls Act (SITA), 1956, was enacted to address issues related to prostitution. It was later amended in 1986 and renamed the Immoral Traffic in Persons Prevention Act (ITPA). The 1956 Act focused on prevention, protection, and, to some extent, the rehabilitation of women forced into prostitution. It also sought to address the conditions that led women to enter this profession and aimed to safeguard public morality and decency, especially by protecting children and minors from being kidnapped or coerced

43 AIR 1952 CAL 825.

44 Supra Note 3 at 253.

45 Id at 255.

into prostitution. The original objective of the 1956 Act was to curb or abolish the organized crime of trafficking in women, men, and children for prostitution. In the case Re Ratnamala46 the Madras High Court clarified that the Act does not seek to criminalize prostitution per se or punish women for engaging in prostitution. Rather, the law aims to abolish the commercialization of prostitution as a means of earning. Prostitution itself is not considered a criminal offense. Similarly, the Gujarat High Court in Bai Shanta vs. State of Gujarat47 stated that the Act was a result of the International Convention signed in New York in 1950, and its objective was to eliminate social evils like trafficking in women and girls. The Calcutta High Court in Shefali Banerjee vs.

State48 emphasized that the Act was a social legislation aimed at achieving both punitive and rehabilitative goals, reflecting a desire not only to end prostitution but also to rehabilitate those involved. This perspective was consistent with the Supreme Court's ruling in Sub Divisional Magistrate, Delhi vs. Ram Kali49, which declared violations of the Act as cognizable offenses, aiming to prevent the operation of brothels or prostitution near public places50. However, despite the intent of the Trafficking Convention, many provisions under SITA were seen as discriminatory toward victims of prostitution, penalizing them instead of the perpetrators who caused the offenses51. According to the Convention, victims should not be punished under any circumstances.

Article 189 of the Convention outlines penalties for individuals who gratify the desires of others through exploitation, while Article 2 states that parties to the Convention agree to punish those who: i. Keep, manage, or knowingly finance or participate in the management of a brothel. ii. Rent any building, or part of a building, for prostitution purposes. The Convention lists several offenses, none of which suggest that victims of prostitution should be punished. Its clear intent is to prosecute those who procure, entice, or traffic individuals for prostitution, or exploit prostitutes, regardless of consent. The mention of "consent" cannot be used to absolve traffickers or exploiters from responsibility. The Convention aims to combat

46 AIR 1962 Mad 31.

47 AIR 1967 Guj 211.

48 AIR 1969 Cal 544.

49 AIR 1968 SC 1.

50 Supra Note 2.

51 Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others, Dec. 2, 1949, 96 U.N.T.S. 271, G.A. Res. 317 (IV).

all forms of sexual exploitation, including trafficking for prostitution, while allowing for prostitution or commercial sex work when carried out by individuals of their own free will52. Failures of SITA SITA did not directly outlawed prostitution or sought to abolish it, nor did they make prostitution a criminal offense in itself. One of the main shortcomings of SITA was its limited focus on street prostitution, while prostitution that took place behind closed doors remained outside its scope. The act failed to establish any guidelines to protect the rights of those involved in prostitution, a gap that contributed to the proliferation of exploitative brothels across India. Moreover, the act did not establish minimum punishments for pimps, traffickers, or brothel owners.

Although prostitution behind closed doors was allowed, the lack of legal safeguards or accountability for protecting the individuals involved led to thousands of girls being enslaved under the guise of consent. Another controversial aspect of SITA was Section 20, which, in the early 1960s, gave magistrates sweeping powers to remove any woman or girl suspected of being involved in prostitution from her home or any place within the magistrate’s jurisdiction. This provision allowed magistrates to send women to unspecified locations and prevent them from returning to their jurisdiction. Section 20 was challenged in various High Courts and eventually brought before the Supreme Court, on the grounds that it violated fundamental rights under Articles 14, 19(1)(d), and 19(1)(e) of the Indian Constitution. In the 1963 case Kaushaliya vs.

State53, the High Court struck down Section 20 of SITA, ruling that it infringed upon constitutional rights. However, Justice W. Broome offered a differing opinion, arguing that if a profession, like prostitution, is inherently immoral, the state has the authority to impose a total ban, and no one can claim fundamental rights to engage in such activities. He noted that Section 20 did not target prostitution as a business but instead sought to control the movement and residence of those involved in prostitution. According to him, a woman subjected to this section was not given the option to cease prostitution if she wished to stay within the magistrate's jurisdiction. If the magistrate found that she had been involved in prostitution, she could be expelled not just from the local area, but from the entire district.

The Supreme Court, however, disagreed with the High Court’s decision and upheld the validity of 52 Kumar Regmi, Trafficking into Prostitution in India and the Indian Judiciary, Intercultural Human Rights Law Review pg. 381, vol. 1, (2006).

53 AIR 1963 ALL 71.

Section 20, ruling that the restrictions imposed were reasonable and in the public interest. In the subsequent case of State of Uttar Pradesh vs. Kaushaila54, Justice Subba Rao supported Section 20, arguing that it did not violate Article 14 of the Constitution. He reasoned that the law allowed for reasonable classification, which is permissible as long as it is based on intelligible criteria related to the law’s objective. He further asserted that restricting the movement of individuals and even deporting them in the public interest was justifiable. However, these judgments seemed to operate on the flawed assumption that the root of the problem lay in the existence of prostitutes themselves. This reasoning is akin to the misguided belief that eliminating criminals or the poor would eradicate crime or poverty55.

The argument of "intelligible differentia," which justifies discrimination against prostitutes, suggested that they were inferior to non-prostitute women—a notion that is discriminatory, insensitive, and fundamentally flawed. The purpose of SITA was to implement the Trafficking Convention, which recognized that prostitutes are victims of exploitation and that the true culprits are those who benefit from their exploitation. Therefore, the idea of rational classification should have distinguished between prostitutes and those who exploit them—traffickers, pimps, corrupt police, and brothel owners—who reap the rewards of their exploitation. The justice system erred in assuming that street prostitution was more harmful than prostitution behind closed doors. It failed to account for the physical and psychological abuse suffered by those enslaved in brothels.

The law placed no restrictions on the parties profiting from prostitution and instead targeted the victims, contradicting Article 14 of the Constitution, which guarantees equal protection under the law for all individuals. It is clear that prostitution, on such a large scale, cannot be sustained by individuals alone; it is an organized criminal activity. Yet, the law focused on the women providing sexual services, ignoring those who orchestrated and profited from the trade. In Begum vs. State56, Justice Patel addressed the core issue of prostitution, asserting that the state should seek to offer victims alternatives rather than treat them insensitively. He argued that prostitutes posed no greater threat to public peace than hooligans who often resorted to violence against them. Nonetheless, the Supreme Court did not engage with the High Court's arguments logically.

Instead, it upheld the law, further discriminating against and suppressing

54 (1964) 4 S.C.R. 1002.

55Supra Note 52 at 368.

56 AIR 1963 Bom 17.

women and girls trapped in prostitution. The Court avoided taking a bold step toward a longterm solution, instead placing the blame on the victims of this socio-economic and criminal system57. ITPA (Immoral Traffic {Prevention} Act, 1986) The shortcomings of SITA led to the formulation of the Immoral Traffic (Prevention) Act (ITPA) in 1986, which replaced references to "women and girls" with the term "persons," making it more gender-neutral. Since its implementation, there has been a significant surge in trafficking cases in India’s major cities and popular tourist destinations. To address these issues more effectively, ITPA provides for the establishment of specialized courts to handle such cases.

The act is intended to be a compassionate and victim-focused piece of legislation, designed not only to punish offenders but also to prevent the trafficking of individuals through special courts that oversee the rehabilitation of victims. For example, following an initiative by the Bombay High Court to clear a backlog of around 1,500 trafficking cases, a specialized ITPA court was set up in Mumbai in 200858. ITPA also addresses the issue of underage prostitution, recognizing that individuals of any gender, including those from the third gender, can be trafficked into prostitution. While the act does not criminalize prostitution itself, it does make all activities related to prostitution illegal, effectively rendering prostitution unlawful. ITPA prescribes severe punishments for those involved in promoting prostitution, especially in the case of minors.

Under the act, a child is defined as anyone under the age of 16, a minor as someone between 16 and 18, and an adult as anyone over 18. Since its inception in 1956, the Immoral Traffic (Prevention) Act has undergone several amendments, culminating in its current form in 1986. As a piece of social legislation, it takes into account social conditions, the specific subject matter, and the powers of relevant institutions and personnel. The act includes detailed provisions aimed at addressing trafficking and prostitution. These provisions cover offenses such as keeping or allowing a brothel to operate, living off the earnings of prostitution, procuring individuals for prostitution, detaining individuals for prostitution, prostitution near public places, and soliciting for prostitution. Conviction for any of these offenses can result in imprisonment or fines. 57Supra Note 52 at 389.

58 Supra Note 3 at 252.

ITPA’s provisions are supplemented by laws under the Indian Penal Code of 1860, which address trafficking, slavery, and prostitution. Additionally, state governments are empowered to draft rules regarding the licensing and operation of protective homes under ITPA59. Mainstream feminists and human rights advocates often focus on the plight of women in prostitution, even though there is no unified movement against trafficking. The case of Upendra Baxi vs. State of U. P60 highlighted the deeply entrenched nature of sex trafficking in India. In this case, a member of the Agra Protective Homes’ board of visitors wrote a letter to The Indian Express detailing the deplorable conditions in which girls were kept for rehabilitation. Acting on this letter, then-Chief Justice P. N. Bhagwati treated it as a writ petition, initiating a series of legal proceedings that lasted from 1989 to 1998.

Eventually, the case was transferred to the National Human Rights Commission (NHRC), which issued several guidelines that led to significant changes in how the law was enforced. These guidelines ensured that individuals rescued or removed under Sections 15(4) or 16(1) of the act were produced before a magistrate and had the right to be heard throughout the legal proceedings61. The Supreme Court also mandated that, in cases involving juveniles, they must be placed in recognized institutions under the Juvenile Justice Act of 1986. The Supreme Court also emphasized the importance of ensuring that lawyers representing both sides were present during in-camera trials, and established requirements for maintaining lists of those placed in safe custody.

Additionally, it was recommended that women hold police positions, and that an advisory board of five leading social workers assist special police officers. In Radha Bai vs. Union Territory of Pondicherry,62 a protest against the misuse of protective homes for immoral purposes led to the Commissioner’s recommendation that the homes be shut down. In another case, Bholenath Tripathi vs. State of U. P. 63, the Supreme Court intervened after a woman was allegedly confined in a protective home and exploited for prostitution. The Court ordered an inquiry and, after confirming the allegations, had her relocated to a safer environment64. Before the 1986 amendments, prostitution was defined as promiscuous sexual intercourse for hire, involving the exchange of either money or goods. After the amendment, the act expanded

59 Prabha Kotiswaran, Preparing for Civil Disobedience: Indian Sex Workers and the Law,

Boston College Third World Law Journal, Vol 21, (2001).

60 (1983) 2 SCC 308.

61 Dr. Mamta Rao, LAW RELATING TO WOMEN AND CHILDREN, pg.174, (3rd edn. 2012).

62 (1995) 4 SCC 141.

63 1990 Supp SCC 151.

64 Supra Note 61.

its focus to include any form of sexual exploitation or abuse for commercial purposes. In Gaurav Jain vs. Union of India65, the Supreme Court set up an advisory committee to explore ways of eradicating child prostitution and protecting the rights of the children of prostitutes. The Mahajan Committee identified several classifications of prostitution, including streetwalkers, religious prostitutes, and those working in brothels, bars, massage parlours, and call girls, based on a comprehensive study conducted in metropolitan cities. The committee report highlighted poverty and unemployment as primary reasons for individuals being drawn into prostitution. Many women enter the trade due to coercion, ignorance, or the social stigma surrounding their economic circumstances.

Most prostitutes in India are believed to be around the age of 16, and by 35, many shift to managing brothels or developing contacts within the industry. The report also pointed out that some women from higher-income backgrounds are also entering prostitution to maintain their lifestyles66. In certain villages in Bihar, West Bengal, and other states, poverty drives parents to send their children into prostitution, and these children often send their earnings back home. For many women, debt and the pressure to provide for their children lead them deeper into the cycle of prostitution, further trapping them in its dependency. The committee found that many women wished to leave the trade to protect their children from following the same path.

Although some expressed a desire to start new lives, they often remained in prostitution due to a lack of alternative income sources, social rejection, and health problems. If provided with viable alternatives and societal support, many prostitutes would gladly leave the trade, seeking a life of dignity, equality, and acceptance67. The committee recommended that NGOs and the state work together to rehabilitate women involved in prostitution, offering them education, financial support, and opportunities for self-employment. The report further emphasized that women trapped in prostitution should be viewed as victims of adverse socio-economic circumstances rather than as offenders. Their exploitation may be a crime, but the women themselves are victims of systemic gender inequality and cultural customs.

NGOs and law enforcement agencies must collaborate to help these women transition to a better life. The report also called for legal reforms and better implementation of existing laws, stressing the need for vocational training, employment opportunities, and rehabilitation programs to provide these women with sustainable livelihoods. By addressing these issues,

65 AIR 1997 SC 3021 at 3033-37.

66 Government of India. (1986), Mahajan Committee report on prostitution, Ministry of Social Welfare. 67Ibid.

society can help women escape the cycle of prostitution, rebuild their lives, and re-integrate into the social mainstream with dignity. These measures are crucial to uphold the right to life guaranteed under Article 21 of the Indian Constitution. The consideration of prostitutes as criminals is an affront to human dignity and self-respect. However, societal norms often lead women into these exploitative systems, which is a crime against humanity, a violation of human rights, and an affront to both the Constitution of India and the Human Rights Act. Such practices are void under Article 13 of the Indian Constitution and punishable by law. A significant feature of these practices is that the majority of women affected come from Scheduled Castes, Scheduled Tribes, and other backward classes.

It is a common practice in certain regions for the eldest daughter of poor families to be dedicated as a Devadasi, Jogini, or Venkatasin. These families are typically agricultural labourers with limited access to credit and education, and the practice persists due to a lack of awareness about the exploitation these women face. Economic rehabilitation could prevent the dedication of young girls to prostitution68. Empowering women economically and providing education can help them resist exploitation. Various states have initiated programs to rehabilitate these victims of social customs. Maharashtra, for example, has established vocational training centres and provides preferential admission to educational institutions, including adult informal education for Devadasis.

In Karnataka, the SC/ST Development Corporation implemented a comprehensive rehabilitation program, training Devadasis in trades such as khadi weaving, basket making, and soap production. Andhra Pradesh has also taken a leading role by forming self-help groups for Devadasis, offering housing and medical facilities, and providing pensions for those aged 60 and above. The Mahajan Committee on Social Welfare recommended that rehabilitation programs be expanded to fully eradicate this harmful practice, helping these women regain their dignity and ensuring they are not trapped again. NGOs in Maharashtra, Karnataka, and Andhra Pradesh are playing a vital role in raising awareness and supporting economic rehabilitation for prostitutes.

If these programs are implemented nationwide, they could not only eliminate the root causes of prostitution but also restore the dignity and status of women who are victims of such exploitation. According to UNICEF, there are more than 650,000 child prostitutes in Asia, with India

68 R.P.Kataria, COMMENTRY ON POCSO 2012, pg. 477- 482,( 2nd edn, 2016).

accounting for nearly 20%. In the case of Vishal Jeet vs. Union of India and Others69, the Supreme Court of India emphasized that, in addition to legal action, the government must take comprehensive measures to safeguard the welfare of its citizens. The Court suggested that an advisory committee should be established, comprising members from the Social Welfare Department, Law Department, women’s organizations, the Indian Council of Child Welfare, and other relevant groups, to address this issue. In Bachpan Bachao Andolan vs. Union of India & Others70, the Supreme Court expressed concern that India could soon gain the infamous reputation of being a hub for child prostitution. The Court urged the central government to consider creating a special police force to tackle these problems. It highlighted poverty and unemployment as the primary causes of child trafficking and prostitution.

The Court also called for stricter measures, such as denying bail to those involved in child trafficking, and questioned why law enforcement targeted sex workers rather than those exploiting children. Additionally, the Court suggested involving village panchayats in tracking and monitoring children suspected of being trafficked for sexual exploitation. 71

SUPPOSITION

The history of prostitution in India reveals a complex and multifaceted interplay between social, economic, and political factors that have shaped its perception over time. From its roots in ancient texts and religious practices, prostitution evolved through centuries of societal changes. Initially, women who engaged in such practices were often seen as integral to rituals and religious functions, signifying their place within the societal structure. However, as patriarchal values solidified and socio-religious beliefs shifted, prostitutes were gradually marginalized. The arrival of British colonialism significantly altered the landscape of prostitution in India. The British institutionalized prostitution through the Contagious Diseases Act of 1868, criminalizing the profession and subjecting women to dehumanizing practices.

This marked a period where prostitution became associated with shame and exploitation, a

69 (1990) 3 SCC 318: 1990 AIR SC 1412.

70 JT 2011 (2) SC 115.

71 The suggestions includes:

a) the measures to be taken in eradicating the child prostitution and b) the social welfare programmes to be implemented for the care, protection, treatment, development and

trend that persisted into post-colonial India. After independence, legal frameworks aimed to address prostitution, but they were shaped by the colonial legacy of criminalizing sex work. Social attitudes continued to focus on eradicating the practice rather than addressing its underlying causes, such as poverty and social marginalization. As a result, sex workers continued to face harassment, violence, and legal persecution. In recent years, the judgment in Budhadev Karmaskar v. State of West Bengal marked a turning point in the legal recognition of prostitution as a profession. The Supreme Court's acknowledgment of sex work as a legitimate profession granted sex workers basic rights and dignity. However, legal recognition alone has not been enough to dismantle the deep-rooted stigma and societal prejudices that persist.

While the court's judgment has initiated a shift in legal attitudes, societal perceptions of prostitution continue to oscillate between tolerance and moral condemnation. The historical roots of stigma, entrenched in religious and colonial interpretations of prostitution, remain influential. As a result, sex workers are often caught in a paradox, liberated by legal recognition but still enslaved by societal prejudice. Prostitution in India remains a complex issue, intertwined with economic, social, and cultural factors. The future of prostitution in the country will depend on ongoing efforts to dismantle stigma, address socio-economic forces, and ensure that sex workers are granted the full rights and protections they deserve. Acknowledging the historical evolution of prostitution challenges dominant moral perceptions and encourages a more empathetic understanding of sex work.

In light of this, several suggestions could be implemented to improve the lives of sex workers and promote societal change: Acceptance by Society This would undoubtedly bring about the necessary changes in the profession's perception. Why is prostitution still not regarded by society, like any other form of labour? If prostitution were acknowledged as work, rather than a necessary evil, it would be easier for sex workers to assert their basic rights and gain security and safety in their working conditions. They would no longer be seen as an unwanted segment of society, as they would be contributing to it. Recognising them as workers under labour law would place them in a better position to access socioeconomic rights, as Karl Marx suggested in Property and Communism in The Economic and Philosophic Manuscripts of 1844.

He argued there is nothing inherently wrong with prostitution as work, and it should be treated like any other form of employment.

Tax System Since recognising prostitution as work would enable sex workers to claim their rights as equal members of society, imposing taxes would not only allow them to contribute to the state’s economy but would also help boost the national budget. If implemented by the government, this could provide an additional economic uplift for the country. Licensing and registration Many countries that thoroughly regulate prostitution have implemented licensing and registration systems. This helps governments keep track of the number of people in the profession. It would allow authorities to identify unlicensed individuals, victims of trafficking, and those in the profession by choice. This system would also help recognise male prostitutes, child prostitutes, and those from the third gender, alongside female sex workers.

Moreover, registration and licensing would enable authorities to differentiate between forced prostitution and those who willingly engage in the profession. This would aid in combating illegal trafficking for prostitution while protecting the interests of those who choose to remain in the trade. The judiciary has already mandated that the necessary procedures be implemented with the help of NACO and UIDAI. Legalising and Regulating Brothels If brothels were managed and regulated by the sex workers themselves, with the support of legal authorities and appropriate safeguards, it would help remove prostitutes from the streets, protect them from client abuse, and reduce the chances of exploitation by corrupt police officers seeking bribes or blackmailing.

Media Representation Rather than infringing on the privacy of sex workers and damaging their reputations, the media should focus on exposing the realities of rehabilitation centres. This would not only raise awareness but also ensure that these centres operate effectively, fulfilling the purpose for which they were established. Awareness Programmes There should be awareness of basic rights, including legal rights, the option to leave the profession, and the abuse and exploitation sex workers endure. Routine checks for physical or mental abuse should be conducted. Additionally, other programmes, such as annual medical and health check-ups, should be initiated by the government. Educational opportunities should

also be made available for sex workers who wish to further their education or that of their children. Psychological Support The psychological impact of abuse and violence is profound, and with increasing awareness, the need for psychological counselling and support is greater than ever. This would help victims of trafficking and sex workers who have suffered abuse and violence. Sex workers who wish to leave the profession should also receive psychological support. Another overlooked aspect is the sociological and psychological impact of the way the police, society, and abusers treat sex workers. This mistreatment not only disturbs them but also leaves them living in fear, neglect, and ignorance of their basic rights, which they feel unworthy of claiming. No significant steps have been taken to address these issues.

Documentation The lack of proper documentation is another challenge faced by many sex workers. If a licensing and registration system were implemented effectively, it would provide them with identification and make it easier to register with local authorities. A Matter of Choice

The government must recognise that not all sex workers are victims of trafficking. Some have chosen this profession of their own accord. A clear distinction must be drawn between the two so that the rights of those who have willingly entered the profession are not violated while ensuring that trafficked individuals are rescued and given the option to leave. This can only be achieved through more liberal attitudes within society and the legal system. Exiting the Trade Another overlooked factor is the ability of sex workers to leave the trade at any time, a choice they are often unaware of. Due to pressure from pimps, brothel operators, and traffickers, it becomes difficult for sex workers to leave the profession. However, if the system is properly regulated, the option to exit will become available, allowing them to leave by choice rather than through rescue and rehabilitation.

Other Factors The practical implementation of policies and their theoretical aspects often exist in parallel worlds due to loopholes in the criminal justice system and the influence of political power.

Rather than addressing these loopholes, the system tends to operate on either side of the spectrum, leaving the victims, who deserve legal protection, to suffer the brunt of injustice. Prostitution in India, though long debated, remains a contentious issue due to societal attitudes rather than legal frameworks. The real challenge lies not only in enforcing the laws but in changing societal perceptions. By addressing these long-standing stigmas and recognising prostitution as a legitimate profession, India can adopt a more just and humane approach to sex work.

CONCLUSION

The historical evolution of prostitution in India reflects the shifting dynamics of morality, social norms, and legal interventions over time. From its roots in religious and cultural practices to its institutionalization during the Mauryan and Mughal periods, prostitution has been an integral yet often stigmatized part of Indian society. The colonial era further reinforced this stigma, with laws that criminalized sex work while failing to address the systemic exploitation of women. Post-independence, India’s legal framework attempted to regulate prostitution through legislative measures like the Suppression of Immoral Traffic in Women and Girls Act (SITA) of 1956 and the Immoral Traffic (Prevention) Act (ITPA) of 1986.

While these laws aimed to curb human trafficking and protect vulnerable individuals, they also contributed to the continued marginalization of sex workers by penalizing their profession rather than addressing the root causes of their exploitation. The Supreme Court judgments such as Budhadev Karmaskar v. State of West Bengal have marked a significant step toward recognizing sex work as a legitimate profession, granting sex workers basic rights and dignity. However, societal attitudes remain deeply entrenched, often perceiving sex workers as immoral rather than as individuals exercising agency or facing economic hardship. A more progressive and humane approach is required to balance legal, ethical, and human

rights considerations. This includes recognizing the distinction between voluntary sex work and human trafficking, ensuring legal protection for sex workers, and implementing policies that enable them to access social security, healthcare, and financial inclusion. Regulation, taxation, and licensing could help create a safer working environment while dismantling exploitative structures such as forced prostitution and trafficking.

Additionally, awareness campaigns, psychological support, and educational opportunities should be prioritized to enable sex workers to make informed choices about their lives and livelihoods. Media representation also plays a crucial role in reshaping public perceptions and advocating for policies that protect sex workers' rights. Ultimately, the approach toward prostitution should shift from moral condemnation to a framework that upholds dignity, autonomy, and human rights. The challenge lies not just in legal reform but in transforming societal attitudes to ensure that sex workers are treated with the same respect and protection as any other citizen. By adopting an inclusive and rights-based perspective, India can take meaningful steps toward addressing the complexities of prostitution while safeguarding the dignity and well-being of those engaged in it.