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Legalising prostitution
GEORGE PAUL
The article “Tackling the problem of prostitution” (Open Page, November 11) made some interesting arguments about how prostitution can be eliminated. There is no doubt that prostitution is a demeaning practice. Dealing with it is not easy.
At the risk of sounding clichéd, it must be repeated that it is perhaps the oldest profession and it has continued to be practised despite every effort to end it. The fact that it has survived attempts at regulation for many centuries indicates that regulation in its present form may not be the answer to the issue.
We must necessarily come to terms with the practice and then look at ways to minimise the negative impact of such an activity on society and in particular the vulnerable members in the community. The first step would be to decriminalise prostitution.
The author has rightly pointed out that in India only the seller of the ‘illegal’ service is punishable whereas the buyer goes free. She goes on to cite the example of Sweden where both the seller and the buyer are punishable.
However, my argument is that both the buyer and seller should be allowed to practise the activity in a controlled environment rather than allow governmental action against one or both parties. This will eliminate middlemen (pimps) and ensure safety to both the service provider and consumer. The governmental regulation can be aimed at health and hygiene rather than criminal policing.
Sweden has no doubt adopted a successful legislation that has worked well in decreasing the number of prostitutes. However it would be naïve to compare Sweden with India. Sweden is a true welfare state unlike India which only professes to be one. Sweden has enough public resources to offer significant monetary compensation that is equal to or more than lost wages.
The first step in rehabilitation is to compensate the sex workers who are put out of a job. In terms of resources and sheer numbers, we know that it would be nigh impossible to do it in India.
According to UNICEF, child prostitution is rife in certain sections of society through the practice of Devadasi where young children are offered to ‘gods’. In fact, over 100,000 child prostitutes are estimated to be operative in India’s cities. This is despite the Prohibition of Dedication Act of 1982. Other groups include the Joginis, Basavis, the Waghyas (male) and the Muralis.
Legal prostitution will allow the regulation or management of it. Eliminating middlemen, pimps and the police (who are usually on the take) will make the transactions happen within a controlled environment which is economic and safe to both the service provider and the client.
Finally, we need to look at the issue of health. Steen in the bulletin of the World Health Organisation says “it makes practical sense to monitor prostitution and what better way is there to monitor it than by legalising and regulating it?”
In a country like India which is reeling under the pressure of sexually transmitted diseases there needs to be monitoring and regulation of hazardous consequences of high risk sexual activity. It cannot obviously be done on an invisible population functioning underground.
Selling sex is no doubt an undignified proposition. We will have to deal with it pragmatically rather than emotionally. When we reach the standards of Sweden, politically and economically, we may be able to provide solace for the exploited. It may take a long time.
maxfaxgp@eth.net
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