PROSTITUTION: LEGAL POSITION IN INDIA

Author – AYUSH B. GURAV, STUDENT AT ILS LAW COLLEGE, PUNE

Best Citation – AYUSH B. GURAV, PROSTITUTION: LEGAL POSITION IN INDIA, ILE Journal of Equity and Justice, 1 (1) of 2023, Pg. 77-82, ISBN – 978-81-961791-3-7.

Abstract

Prostitution is a promiscuous sexual intercourse or sexual practices, done or permitted by a person usually for reward. The causes of prostitution are various, including male lust, female unemployment, need for money or desire for more luxurious life. The need for gratification of sexual urge has impelled men and women, of all ages and in all countries of the world to exploit either sex. A perusal of the relevant provisions of the Immoral Traffic (Prevention) Act, 1956, shows that the purpose of the Act is not to abolish “prostitution” or “prostitute”. There is no provision under the Act which makes prostitution per se a criminal offence. What is punishable under the Act is sexual exploitation for commercial purpose or to earn bread thereby. The article also analyses the provisions related to prostitution under the Constitution and the Indian Penal Code, along with the relevant case laws.

Keywords- Prostitution, Immoral trafficking, Devadasi, ITPA, SITA, Prostitute, illicit intercourse, Rape