Tuesday, December 15, 2009

Can we legalize prostitution?, Supreme Court

The honourable Supreme Court of the country in a striking remark while hearing a public interest litigation yesterday (Wednesday) had asked the Government of India whether it is possible to legalize world’s oldest profession prostitution, if the profession considered as shameless is feasibly beyond control.  
   
A bench comprising Justice Dalveer Bhandari and AK Patnaik gave above mentioned dramatics remarks when they were hearing a public interest litigation lodged by country’s leading N.G.O Bachpan Bachao Aandolan and a similar PIL lodged by Childline, the PIL had brought a sensitive cause in front of the honourable court . In its application the NGOs have raised the issue of massive child trafficking and its implications on socio-economic development of the children and in turn society and country as a whole. 




The bench vigilantly heard arguments from both the party and opined “They (sex trade) have been operating in one way or the other and nowhere in the world have they been able to curb it by legislation. In some cases, they are carried out in a sophisticated manner. So why don't you legalise it?" Appearing for the government Solicitor General expressed that he will thoroughly work on the issue and discuss it with the various government agencies, before filling government’s opinion and reply on the controversial issue.     

The bench also touched various other issues liable for child trafficking and prostitution, it was of the opinion that poverty is one of the significant causes that forces people into this trade, children are trafficked from poverty ridden areas and most of them end up becoming bonded labour and prostitutes. The bench also vehemently rapped the government for failing to check poverty, the two justices said "We are talking about growing GDP. I do not know what is the development we are all talking about when the number of BPL families is at 37 per cent which has increased from 30 per cent. Growth of GDP does not mean some four or five families have developed. If this is the state of development, we can't help it."

Given the manner in which this derogatory trade prostitution is carried out across the country, government should legalize it, as penalizing people have not helped in curbing sex trade in any part of the country. Reasons are obvious, urge for sex is natural, migrant workers and others willing to have sex often visit prostitutes and call girls, that’s why the trade is flourishing but declining. Legalizing it will also help in designing comprehensive strategy to combat AIDS/HIV and proper rehabilitation of people engaged in the trade.
 
Apart from red light area (known prostitution area) the trade is also carried out in camouflage manner, fake massage and escort service centres in metro cities carry out it in a very planned and sophisticated style, they run their business like corporate companies.     

Now the next hearing of the issue will take place on January 5, then only we will know whether government favours legalising prostitution or not.