Does legalizing prostitution make women safer?

A recent harrowing case of rape and murder of a female doctor in Kolkata has led to widespread outrage and intensified calls for stronger legal protections for women. Sex workers from Sonagachi, Asia’s largest red-light district, made headlines by refusing to offer ground for Durga idols, with the powerful statement: “Come to us, but don’t rape.” This stance is not only a response to the ongoing cases of sexual violence, but also a reflection of a long-standing struggle for recognition and respect. The statement has also sparked a long-running debate: should prostitution be legalized to keep women in society safe?

Prostitution was one of the first recognized professions in ancient India. The society then recognized its importance. The moral pandits of that time believed that prostitutes ensured the safety of women in the society. The fact that there was negligible rape in pre-Victorian India proves that they were right.

Taboo on sex in Indian society

Underlying this debate is the broader issue of how sex is viewed in Indian society. Despite being a country with a rich history of sexual expression, as evidenced in ancient texts and art, modern India often views sex as taboo. This attitude contributes to the stigma surrounding sex work and leads to the perception of sex workers as immoral. This is one of the reasons why sex workers have limited access to justice.

Ved, a 37-year-old communications professional, offered a perspective that resonates with many: “With the rise in rape cases, legalizing prostitution is not a bad idea. Sex is a basic human need and in a country like ours, it is still talked about quietly at home. Normalizing sex and creating opportunities for people to do it without it looking shady would make a difference. At the same time, it would address the repressive way men view sex, which serves as a catalyst for sexual abuse and rape.”

Rising tide

India is grappling with an alarming rise in rape cases. Women from all walks of life are reacting.

Riddhi Jagawat, a 24-year-old professional who works in events and brand partnerships, disagrees with legalisation: “The debate on whether prostitution should be legalised should not overshadow the real issue. Prostitution has been illegal for years and legalising it will not necessarily stop rape. Instead, we should focus on what is right. Educating people about the seriousness of rape and creating a society where the fear of punishment deters such crimes is mandatory. Legalising prostitution alone will not solve deeper societal problems.”

Historical context

Sex workers worked under regulated conditions in pre-colonial times and often enjoyed a certain social status and protection. They were also closely connected to traditional art and culture, which contributed to the vibrancy of the communities they served.

With British colonial rule, the legal status of prostitution changed significantly. Victorian morals and laws were introduced, leading to the criminalization of the profession. This forced sex workers underground, making them vulnerable to exploitation and violence.

Anaya Shah, 24, said: “Legalisation is essential because everyone in this country has their own rights and safety, and sex workers deserve the same. Legalisation can provide better health regulations, protection from exploitation and provide a legal platform for workers. It will also help reduce stigma and create a safer, more inclusive society where everyone has control over their own bodies and lives.”

Current landscape

Prostitution itself is not illegal, but activities surrounding it — such as soliciting, running a brothel, or pimping — are criminalized. This framework creates a precarious situation for sex workers, placing them in unsafe and exploitative conditions. Without legal recognition, they are unable to access essential services such as health care, legal protection, and social security. Furthermore, they are often unable to report crimes committed against them for fear of retaliation.

Elaborating on the complexity of the legal situation, Mihir Gheewala, a criminal lawyer who has been practising at the High Court in Bombay for 29 years, says, “Prostitution is a long-standing social reality worldwide and is considered immoral in all societies. Few governments openly support prostitution, with Germany being the exception where it is legal, allowing for the establishment of regulated brothels. In India, prostitution is regulated by The Immoral Traffic (Prevention) Act, 1956, last amended in 1986. The Act criminalises the running and letting of premises for brothels and prohibits the incitement of a person to engage in prostitution, with or without consent. However, the Act does not explicitly address the legality of the act of prostitution itself. In my opinion, prostitution is often ignored in the social discourse. Legalising prostitution will bring to the surface an ecosystem that currently exists underground. The women involved will be free from constant police harassment and various illegalities, as everything is currently hidden from the law. Furthermore, they can get better health care and it can also lead to healthier practices. Conversely, in a country with high unemployment, there is a risk that girls are driven into prostitution, which can have negative consequences for families. Addressing issues around trafficking and consent is crucial.”

Conclusion

The question of whether prostitution should be legal in India is a complex one that requires careful consideration of multiple factors. Legalizing prostitution could provide sex workers with greater protection, reduce exploitation, and provide them with access to health and social services. This in turn could reduce the fear and stigma factor among men. This could lead to fewer rapes, as more men may choose to turn to sex workers to free themselves. However, it also raises concerns about a potential increase in human trafficking.

The goal should be to create a society where all individuals, regardless of their profession, can live without fear of violence and exploitation. If legalizing prostitution is the first step, let’s take it.