THE TAMIL NADU NATIONAL LAW SCHOOL

TIRUCHIRAPPALLI

ACADEMIC SESSION:
2018-2019

Prostitution- A Socio Economic Offence(Male and Female)

SUBMITTED TO: SUBMITTED BY:

Mrs. Golda Sahoo pranav sriram G.B.
TNNLS B.A.LLB

TIRUCHIRAPPALLI SEM-VII

ROLL NO. – BA0150031

 Supervisor Certificate

I, G.B.Pranav sriram hereby declare that the project entitled “Prostitution- A Socio
Economic Offence(Male and Female)” submitted to TAMIL NADU NATIONAL LAW
SCHOOL is a record of original work and interpretation drawn therein are based on material
collected by me, under the guidance of professor.

This project was undertaken as a part of academic curriculum according to

college rules and norms. It has not been submitted to any other institution for any other
purpose.
 CERTIFICATE

This is to certify that this project entitled “Prostitution- A Socio Economic Offence(Male
and Female) ” is submitted to The Tamil Nadu National Law School in partial fulfilment of
the requirement of the award of the degree of B.A L.L.B Hons. is done by Pranav sriram
under supervision and guidance professor Mrs. Golda Sahoo of Tamil Nadu National Law
School.

Mrs. Golda Sahoo

 ACKNOWLEDGEMENT

At the outset, I take this opportunity to thank my Professor Mrs. Golda Sahoo from the
bottom of my heart who has been of immense help during moments of anxiety and torpidity
while the project was taking its crucial shape.

Secondly, I convey my deepest regards to the administrative staff of TNNLS who held the
project in high esteem by providing reliable information in the form of library infrastructure
and database connections in times of need.

Thirdly, the contribution made by my parents and friends by foregoing their valuable time is
unforgettable and highly solicited. Their timely advice and solid supervision paved the way
for the successful completion of this project. Also, it would be highly regrettable if I fail to
mention the resources tremendously served towards the successful making of this project.
Hence, I as a student am forever deeply indebted to him.

Lastly, I thank the almighty my friends, brother for their encouragement without which the
assignment would have not been possible.
Introduction

Prostitution describes sexual intercourse in exchange for remuneration. The legal status of
prostitution varies in different countries, from punishable by death to complete legality.1The
great degree of social stigma associated with prostitution, of both buyers and sellers, has lead
to terminology such as ‘commercial sex trade’, ‘commercial sex worker’ (CSW), female sex
worker (FSW) or sex trade worker. Organisers of prostitution are typically known as pimps
(if male) and madams (if female).

Prostitution and the accompanying evil of the traffic in persons for the purpose of prostitution
are incompatible with the dignity and worth of human person and endanger the welfare of the
individuals, the family and community.2

India, the region's most populous country, continues to dominate the HIV/AIDS epidemic in
South Asia. Although national HIV prevalence is low (between 0.4% and 1.3% in 2003),
there are serious epidemics under way in several states, and a total of 5.1 million people were
estimated to be living with HIV in India at the end of 2003.3 Most infectious are acquired
sexually. In the southern states of Andhra Pradesh, Karnataka, Maharashtra, and Tamil Nadu,
HIV is transmitted mainly through heterosexual sex, and is largely linked to sex work.
Infection levels of over 1% among pregnant women in sentinel antenatal clinics suggest that
a significant number of sex workers' clients may have passed on HIV to their wives. HIV
transmission through sex between men is also a major cause for concern in many areas of
India. In a study conducted in a poor area of Chennai in 2001, 7% of men who have sex with
men A small proportion of infections are acquired through injecting north-east of the country.
In Manipur and Nagaland, HIV still incomplete-in a 2001 national behavioural study of
nearly 85,000 people, only 75% of respondents had heard of IDS, and awareness was
particularly low among rural women in Bihar, Gujarat, and West Bengal4.
South Asia is faced with a narrow window of opportunity to prevent AIDS from having a
more severe impact on the region. Failure to target populations at high risk of HIV exposure,
such as sex workers, injecting drug users, and men who have sex with men, will result in a
full- fledged epidemic in years to come.

1
Prostitution. From Wikipedia, the free encyclopedia. Available from:
http://en.wikipedia.org/wiki/prostitution.
2
Chandra, Moti, Op. Cit., Page No. 2
3
Regional Overview abstracted from ‘Report on the Global AIDS Epidemic’ UNAIDS, July 2004 from
http://hivinsite.ucsf.edu
4
Ibid
The HIV/AIDS (human immunodeficiency virus/acquired immune deficiency syndrome)
epidemic in India is a rapidly escalating crisis. The government’s estimate that about 4
million persons in the country are HIV- positive is widely thought to understate the true
figure.
Prostitutes are stigmatised in most societies and religions; their customers are typically
stigmatised to a lesser degree.5 Prostitutes have more abortions and venereal diseases and
become more easily sterile but still many sex workers complete their term of pregnancy and
give birth to children.
STATUS OF PROSTITUTION AND ROLE OF GOVERNENCE: ANCIENT AND
MEDIEVAL AGE
Highly urbanized Indus valley culture is noted for its economic prosperity. The bronze figure
of the dancing girl from Mohenjo-Daro represents a sacred prostitutes carrying out her duties
within the precincts of the temple of some mother goddess. The luxuriant tropical atmosphere
of the Indus valley culture its orchards, gardens, lakes, pools and cannels provides delightful
spots for lovers to meet and also attracted courtesans practicing their seductive charms. In
Vedic culture, the Veda refers to dancing girls. Certain significant words in Vedic literature
throw light on function of courtesans.
In the Atharvavede women (Apasaras of Vedic tradition and ganikas of later times) are 74
believed to have been possessed or enjoyed by Gondharvas apparently in the course of village
dances and music.6 During Puranic Period, The Mahabharata records the social status of
prostitute in Bahilika. It is said that once a virtuous woman who raped by the Aratta robbers
and she therefore pronounced a curse that every Aratta family would have a prostitute.7
Veshya in Mahabharata is considered on important adjunct of urban culture. In Epic period
courtesans played no insignificant part in town culture. They enticed men of virtue,
accompanied armies on the march served the king and by their training in the arts and crafts
gained for themselves an important place in society. The institution of prostitutes was taken
for granted in this period. The public woman had to wear a red garment, a red wreath and red
gold. The red color is regarded as color as the symbol of Yama.
This rule was framed to distinguish easily the prostitutes or for working the people about
dangerous effects of sexual union with a prostitute, the red color indicates death.8 They were
never considered inauspicious though of course they occupied a low rung in the social order.
5
Ringdals NJ. Love for sale: A world history of prostitution. Grove Press: 2004.
6
Chandra, Moti, Op. Cit., Page No. 2
7
Tha Mahabharat, VIII, 30, Page No. 57 – 59
8
Meyar, J. J., Sexual Life in Ancient India, Vol. I, London, 1930, Page No. 264 – 65
Vesya in Mahabharata is considered an important adjunct of urban culture on the eve of the
Great War of Kaurawas and Pandwas, Duryodhana’s forces were accompanied not only
craftsmen, professional singers, spies but also courtesans.9
After gaining a victory on the battlefield, Virata asked his messenger to proclaim that young
girls should come out of the city bedecking themselves courtesans plying musical instruments
were also invited to participate in the victory celebrations. During Epic Age groom princes
had received courtesans as a wedding gift. Arjuna had receives one thousand girls of
prepossessing beauty as wedding gift from krushana. The Smritis are more concerned with
the social and legal position of prostitution rather than their way of life.
Prostitutes were an expedition and an indispensable ornament of the camp life. They had
important place in fest and festivals. The kings, lords and wealthy persons hired their services
when they 75 went out on hunting or to take a diversion in the country house, to the hill
stations or the pleasure gardens. The Ganikas formed an essential accessory in marriage,
christening and other domestic ceremonies.10
The veshyas sometimes gave themselves in marriage with Brahmins and Kshatriyas in
accordance with Gandharve system, by virtue of which they could occupy an exalted position
in society. The clever veshyas always had the change of being up lifted to the ranks of a
concubine and of being comfortably ensconced in an aristocrat’s harems. In Jain literature we
get more detailed information about the behavior of courtesans. During this age the life of
princes and noblemen and merchants because of their wealth was luxurious and thus
courtesans played an important part in society.
Courtesans had to learn ‘the sixty – four arts’. They had to train in music, dancing, singing,
acting, composition of poetry, flower arrangement, garland making, the preparation of
perfumes and cosmetics, cooking, dress making, the composition of riddles, tongue-twisters
and other puzzles fencing with sword and staff, archery, carpentry and architecture, logic,
gardening, writing in cipher, languages, making artificial flowers and clay modeling. 11 The
proficiency of the courtesans in sixty four arts is therefore, a more convention and is merely
intended to indicate that they were highly cultured.

9
Mahabharata, V, 195, Page No. 18 – 19
10
Sinha, S. N., N. K. Basu, History of Marriage and Prostitute, Op. Cit., Page No. 66
11
Basham, A. L., The Wonder That Was India, Surjeet Publications, Delhi, 2007, Page No. 183
Later the age of Smrutis, the ganikas were the cast aways of society or at least so called by
the social potentates, and hence their food was unacceptable to a well bred Aryan. In almost
all Samhitas all decent people are forbidden to partake of the cooked foods of a ganika.12

Prostitution and law enforcement

It is understood that legalizing and liberalizing the prostitution market does not facilitate the
work of law enforcement in fighting trafficking in human beings. However, there are not
many studies reflecting on the relation between women selling sex, men buying sex and the
police. The issue seems to be, however, relevant in those countries where prostitution is
illegal.13
However, also in countries where prostitution is legalized, the police and the judiciary are
tasked with ensuring that legal provisions in relation to prostitution are implemented. This
mandates them to carry out various controls and to issue penalties of different kinds relating
to breaches of legislation on registration, work permits, safety regulations (including STDIs
and AIDS testing14), drugs use, etc.
The relation between prostitutes and the police can consequently be characterised by mistrust,
if not open hostility15 . On the other hand, law enforcement agents have also to detect women
that are victims of trafficking, to free them, and to charge the perpetrators. Across all Member
States, authorities agree that it is very difficult to prove offences related to sexual
exploitation, relying mostly on the statements of the victims. The withdrawal of victims'
statements is likely to impede the conviction of offenders. Thus, the burden of proof and in
part of the success of the process is in fact on the victim's shoulders, although Directive
2011/36/EU obliges Member States not to rely on the statement of the victim only. In this
respect, scholars have called for the application of a “women/victim-centered approach”16,
which takes the needs of the prostitute as a starting point.

12
Sinha, S. N., N. K. Basu, History of Marriage and Prostitute, Op. Cit., Page No.115
13
SWAN, Arrest the violence, Human Rights abuses against sex workers in Central and Eastern Europe and
Central Asia, Open Society Foundation, 2009
14
For international level, see WHO, Violence agains sex workers and HIV prevention,
http://www.who.int/gender/documents/sexworkers.pdf.
15
The German association representing prostitutes, Hydra, has a special set of recommendations on their
website on how to behave when being controlled by the police: Was tun bei einer Razzia
http://www.hydraberlin.de/wissenswertes/informationen/
16
Joe Goodey, Sex trafficking in women from Central and East European countries: promoting a 'victim-
centred' and 'woman-centred' approach to criminal justice intervention, Feminist Review (2004) 76, 26–45;
doi:10.1057/palgrave.fr.9400141
This approach would also open up the question of women cooperating in police
investigations in exchange for a residence permit. It should be noted that law enforcement
agents are mostly male, while prostitutes are mostly female. In this respect, the assignment of
female police officers can be seen as an effort to enhance cooperation.
While in many countries prostitutes report about police violence17, degrading methods of
investigation and disrespectful treatment, this seems to be happening at a higher level in
countries where prostitution is illegal. Therefore one of the objectives of legalizing
prostitution was to decriminalize the act of selling sex with consequently less police controls
and a reduced likelihood of police mistreatment.

The myth of trafficking

In relation to the regulatory approach, there are some feminists who go further than insisting
on the right of women to decide freely about their body and their sexuality or to request to
maintain the dividing line between prostitution which can be regulated and trafficking in
human beings which should be a criminal offense.
They rather accuse the protagonists of the abolitionist approach of creating a myth about
women being trafficked for sexual exploitation18. Seen the lack of data, they deny the need
for action to protect women and advocate even more strongly for the state and society not
wanting to prescribe how women should live. According to them, the picture of men buying
women to abuse them for their sexual pleasure is exaggerated.

The clients of prostitution

Little is known about men buying sex. The available qualitative studies indicate that the age
of the first experience of men buying sex could range as far as from 14 to 49 but over half of
the men bought sex before they were 21 years old, and around three quarters had bought sex
by the age of 2519 . Many men are of the opinion that a majority of women are lured, tricked,
or trafficked into prostitution.
Many of them are also aware of the possible vulnerable position of women to become a
victim of trafficking for sexual exploitation because of poverty. According to M. Farley and

17
SWAN, Arrest the violence, Human Rights abuses against sex workers in Central and Eastern Europe and
Central Asia, Open Society Foundation, 2009.
18
Doezema, Joe, Loose women or lost women; Gender Issues, Vol. 18, no. 1, Winter 2000, pp. 23-50.
19
Farley, M., & Barkan, H. (1998), « Prostitution, violence and posttraumatic stress disorder », Women &
Health, Vol. 27, No. · (pp.37-49) ; Farley, M. et al. (2003), « Prostitution in Nine Countries…
Di Nicola, the knowledge that the women had been exploited, coerced, or trafficked failed to
deter sex buyers from buying sex20 .
In this respect, it has to be noted that most clients are unable to identify indications of forced
prostitution21 . In the Netherlands, the authorities have opened a hotline for clients (and other
people) to denounce anonymously any suspect on trafficking. According to official data, on
average only 3% of notifications came from individuals (which apart from the clients could
be family or friends of the victim)22 .
Furthermore, it has been observed that men (around 40%) justify or tolerate prostitution
because they think that buying sex reduces the likelihood of rape and, if prostitution would
not exist, then the number of rapes would increase.23 In fact, studies from the US seem to
prove the contrary. Although part of men buying sex justify their behaviour with the idea of
men as sexual predators, which means that by nature men have an uncontrollable sexual
impulse, approximately 60% of buyers reported a feeling of guilty or shame after buying
sex24 .
Prostitution as entertainment Following a Spanish non-governmental organisation, there is a
growing number of young men that buy prostitution as a form of entertainment. It is theorised
that this trend, where women and girls are treated as sexual toys, could lead to an increase in
the number of violence committed by young men against women.

20
Different studies carried out by Farley and Di Nicola point that in general buyers are not deterred from
buying sex when they know the prostitute has been trafficked or exploited. However, buyers tend to minimize
the phenomenon of trafficking and sexual exploitation, and ignore the signals of force and coercion they may
encounter (such as marks, bruises, the presence of pimps, age, the fact that the prostitute does not speak the
language, the price of the service, etc.). According to a SOAIDS survey, 90% of the clients were unable to
identify indicators of forced prostitution.
21
Di Nicola, A. et al. (2009), Prostitution and Human Trafficking. Focus on Clients, Springer, 2009. See also
SOAIDS survey which found that 90% of the clients were unable to identify indicators of forced prostitution.
Quoted in Di Nicola, A. et al (2009) Prostitution and Human Trafficking... (p.109)
22
National Rapporteur on Trafficking in Human Beings (2010), Human Trafficking - ten years of independent
monitoring. Available at: http://www.dutchrapporteur.nl/reports/eighth/
23
Farley, M. et al. (2011), "Comparing Sex Buyers...
24
Farley, M. et al (2008) "Challenging Men's Demand...
LEGAL APPROACHES TO PROSTITUTION IN EU MEMBER STATES
The regulation of and the approaches and policies addressing issues related to prostitution are
uneven and vary greatly between EU Member States25 , though child prostitution is illegal in
all Member States. Prostitution is legal and regulated in the Netherlands, Germany, Austria,
Greece26 , Hungary and Latvia27. In these Member States, prostitutes are recognised as
workers; engaging in sexual activities as a legitimate profession; in this sense, prostitution is
seen as an economic activity in which business can operate legally. In some Member States,
on the contrary, prostitution is outlawed (Lithuania, Romania28) meaning that selling and
buying is illegal. In others, prostitution itself is not illegal but some related activities such as
pimping, running brothels, living off the earnings of prostitution are criminal offenses
(Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Italy,
Luxembourg, Malta, Poland, Portugal, Slovakia, Slovenia, Spain)29 . In some of them,
soliciting is illegal (Finland France, Ireland, UK). It is worth noting that neither in those
Member States in which prostitution is totally prohibited, nor in those where it is tolerated,
are clients sanctioned, while the prostitutes are fined for soliciting in Finland, France, Ireland,
and the UK, or even risk imprisonment in Romania.
Laws on Prostitution in India
The most basic law regarding the sex workers’ status The Immoral Traffic (Suppression) Act
was passed in 1956. It is also referred to as SITA. This law states that prostitutes are allowed
to ply their trade in private but they cannot carry out their business in the open. An article
published in BBC states that prostitution is illegal in India. Indian laws however do not
regard sex in exchange of money as prostitution. As per laws, clients can be arrested if they
indulge in any sexual activity in public. Even though exchange of sex for money is
permissible on an individual capacity, a lady cannot do it in within a span of 200 yards of a
public place. Sex workers are not within the ambit of normal labour laws. However, they

25
Part of the references on the legislative approaches of EU Member States are taken of the Discussion
Document on Future Direction of Prostitution Legislation elaborated by the Department of Justice and Equality
of the Ministry of Justice, Equality and Defence of Ireland (published on 22 June, 2012).
26
In Greece, brothels must have permits. Persons engaged in prostitution must register with the authorities
and carry a medical card, which is regularly updated.
27
In Latvia also, prostitutes are required to carry a health card. They must undergo regular health checks.
There are strict conditions attaching to how and where prostitutes can operate. While prostitution is
regulated, brothels and procuring are illegal. The law prohibits any third party activity which promotes
prostitution
28
Earning a living by prostitution is punished by 3 months to 3 years imprisonment (art. 328 Criminal Code).
Source: International Centre for Migration Policy Development (ICMPD) (2009), Legislation and the Situation
Concerning Trafficking in Human Beings for the Purpose of Sexual Exploitation in EU Member States.
29
Though not illegal, this does not mean that prostitution is viewed as a legal activity either
have all the rights that would be enjoyed by a citizen and are entitled to be rescued and
rehabilitated if they want to do so.

However, SITA is not used as such. At times, different sections of the IPC are employed to
bring charges of supposed-criminal acts like public indecency against sex workers. They can
also be accused of being public nuisance. The problem is there is no clear definition of what
these crimes constitute and sex workers are basically left to the whims of the officials who
bring the charges against them. SITA has recently been changed to become PITA or The
Immoral Traffic (Prevention) Act. There have been several attempts to change this law so
that a bigger slice of blame can be placed on the clients. However, the Union Health Ministry
has opposed such developments. These days, insurance companies are coming forward and
insuring sex workers.

Section 5 in The Immoral Traffic (Prevention) Act, 1956 deals that

Procuring, inducing or taking 1[person] for the sake of prostitution.—

(1) Any person who— (a) procures or attempts to procure a [person], whether with or
without [his] consent, for the purpose of prostitution; or 1[person], whether with or without
[his] consent, for the purpose of prostitution; or"

(b) induces a 23 [person] to go from any place, with the intent that [he] may for the purpose
of prostitution become the inmate of, or frequent, a brothel; or 1[person] to go from any
place, with the intent that 3[he] may for the purpose of prostitution become the inmate of, or
frequent, a brothel; or"

(c) takes or attempts to take a 23 [person], or causes a 23 [person] to be taken, from one place
to another with a view to 24 [his] carrying on, or being brought up to carry on prostitution; or

(d) causes or induces a [person] to carry on prostitution,1[person] to carry on prostitution,"

[shall be punishable on conviction with rigorous imprisonment for a term of not less than
three years and not more than seven years and also with fine which may extend to two
thousand rupees, and if any offence under this sub-section is committed against the will of
any person, the punishment of imprisonment for a term of seven years shall extend to
imprisonment for a term of fourteen years: Provided that if the person in respect of whom an
offence committed under this sub-section,—
(i) is a child, the punishment provided under this sub-section shall extend to rigorous
imprisonment for a term of not less than seven years but may extend to life; and

(ii) is a minor, the punishment provided under this sub-section shall extend to rigorous
imprisonment for a term of not less than seven years and not more than fourteen years;]

(3) An offence under this section shall be triable—

(a) in the place from which a [person] is procured, induced to go, taken or caused to be taken
or from which an attempt to procure or take such [person] is made; or 1[person] is procured,
induced to go, taken or caused to be taken or from which an attempt to procure or take such
[person] is made; or"

(b) in the place to which he may have gone as a result of the inducement or to which he is
taken or caused to be taken or an attempt to take him is made.

Section 372 and 373 of IPC also dealing with prostitution

372. Selling minor for purposes of prostitution, etc.—Whoever sells, lets to hire, or
otherwise disposes of any 1[person under the age of eighteen years with intent that such
person shall at any age be employed or used for the purpose of prostitution or illicit
intercourse with any person or for any unlawful and immoral purpose, or knowing it to be
likely that such person will at any age be] employed or used for any such purpose, shall be
punished with imprisonment of either description for a term which may extend to ten years,
and shall be liable to fine. 2[Explanation I.—When a female under the age of eighteen years
is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or
manages a brothel, the person so disposing of such female shall, until the contrary is proved,
be presumed to have disposed of her with the intent that she shall be used for the purpose of
prostitution. Explanation II.—For the purposes of this section “illicit intercourse” means
sexual intercourse between persons not united by marriage or by any union or tie which,
though not amounting to a marriage, is recognised by the personal law or custom of the
community to which they belong or, where they belong to different communities, of both
such communities, as constituting between them a quasi-marital relation.]

373. Buying minor for purposes of prostitution, etc.—Whoever buys, hires or otherwise
obtains possession of any 1[person under the age of eighteen years with intent that such
person shall at any age be employed or used for the purpose of prostitution or illicit
intercourse with any person or for any unlawful and immoral purpose, of knowing it to be
likely that such person will at any age be] employed or used for any purpose, shall be pun-
ished with imprisonment of either description for a term which may extend to ten years, and
shall also be liable to fine.

Conclusion

Thus either India shall legalize prostitution which is the most suitable step that can be taken
or shall make such deterrent laws as to curve up the problem of prostitution. Laws should not
be such as to just remove the prostitutes but also to change the mentality of people who are
interested in paid sex by punishing them in such a manner that people of same mentality will
dare to indulge themselves in similar activities. Sexual intercourse outside wedlock for cash
or kind is prostitution. Prostitutes as a commercialized vice has existed in the world from
time immemorial though its institution has never been recognized by the society as such. As
the world’s oldest profession has attempted to regulate and control sex relationship through
the institutions of marriage and the family. Economic necessity is an important factor for
prostitution then the material benefit. Income from prostitution is not very charming. The
girls of tender age are more vulnerable for flesh trade. About 75 percent prostitutes are
initiated in the flash trade below the age of 18 years. Demand of younger girls by customers
seduced them in the profession. Customers usually prefer to have sexual satisfaction with
younger girls.
Bibliography

Articles

 Ringdals NJ. Love for sale: A world history of prostitution. Grove Press: 2004.
 Meyar, J. J., Sexual Life in Ancient India, Vol. I, London, 1930, Page No. 264 – 65

 SWAN, Arrest the violence, Human Rights abuses against sex workers in Central and
Eastern Europe and Central Asia, Open Society Foundation, 2009.
 Doezema, Joe, Loose women or lost women; Gender Issues, Vol. 18, no. 1, Winter
2000, pp. 23-50.
 Farley, M., & Barkan, H. (1998), « Prostitution, violence and posttraumatic stress
disorder », Women & Health, Vol. 27, No. · (pp.37-49) ; Farley, M. et al. (2003), «
Prostitution in Nine Countries.