Legalization Of Prostitution In India: A Jurisprudential And Psychological Analysis

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Ms. Shweta Joshi , Dr. Namita Jain


Prostitution is as old as civilization itself, and has been a part of Indian society ever since the idea of marriage came into existence. In recent days, prostitution has become synonymous with violence, discrimination and exploitation. Prostitution is often seen as a taboo in Indian society, and requisite attention has not been paid for its regulation. This paper examines the connection of prostitution with exploitation and violence, and looks into the possible effects of the legalization and regulation of prostitution on the exploitation and assault on sex workers. There have been various acts by the post and pre
– independence governments regarding prostitution, and also various books and articles on its legalization. While these works examine a broader aspect of the problem, two very specific aspects are scrutinized in this research paper. Prostitution is here to stay, whether criminalized or not. Thus, it is better to address the elephant in the room and possibly find techniques to alleviate the problems faced by women and children in prostitution.However the question that arises in the case of prostitution is whether the occupation is such that it poses a serious immediate threat to a woman’s psychological and physical health on a regular continuous basis? if so, then the act of sanctioning such an occupation and creating a system that supports it leads to a paradox not only in a moral sense but also in keeping with the actual negative effects of the occupation versus the benefits of legalizing prostitution.

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