ROLE OF JUDICIARY & IMPACT OF LEGALIZATION ON PROSTITUTION IN INDIA

Authors

  • Girish Arora
  • Sonal Shrivastava Research Scholar, Apex School of Law, Apex University, Jaipur-303002
  • Dr. Monika Mishra Supervisor & Head of the Department, Apex School of Law, Apex University, Jaipur-303002

DOI:

https://doi.org/10.29121/shodhkosh.v5.i7.2024.4693

Keywords:

Prostitution, Judiciary, Legalization, India, Sex Workers, Human Rights, Decriminalization, Public Morality, Legal Framework

Abstract [English]

The debate over the legalization of prostitution in India is a complex and multifaceted issue. This research article explores the potential socio-economic, legal, and health impacts of legalizing prostitution in the country. It examines international case studies, legal frameworks, and policy implications to understand whether legalization could lead to better working conditions for sex workers or unintended social consequences. The article also considers feminist perspectives, human rights concerns, and public health outcomes in the context of India’s socio-cultural landscape. Prostitution, one of the oldest professions in the world, remains a controversial and complex issue in India. The judiciary has played a crucial role in interpreting laws related to prostitution, balancing the rights of sex workers with public morality and legal principles. This article explores the role of the judiciary in addressing prostitution and examines the potential impact of legalizing prostitution in India. It evaluates the legal framework, judicial pronouncements, and socio-economic consequences of legalization, ultimately assessing whether decriminalization can offer better protection to sex workers.

References

Immoral Traffic (Prevention) Act, 1956

Budhadev Karmaskar v. State of West Bengal, (2011) 10 SCC 283

Indian Penal Code, 1860

Various Supreme Court and High Court judgments on prostitution and human trafficking

Reports and studies by human rights organizations and NGOs on sex workers' rights

"Legalization of Prostitution in India: A Jurisprudential and Social View"

Published in the Journal of Positive School Psychology, Volume 6, Issue 8, 2022.

"Prostitution: Legality and Morality in India" Published in the Times of India Blog, 2022.

"Prostitution is Legal in India, according to a Ruling by the Supreme Court"

Published in the International Journal of Innovative Research in Law, Volume 2, Issue 1, 2023.

"Analysing Judicial Framework on Sex Work in India" Published on SSRN, 2023.

"Implications of the Recent Supreme Court Order on Sex Work" Published by the Centre for Law and Policy Research, 2022.

"Prostitution: A Legal Analysis" Published by the Institute of Legal Education, 2022.

"Legalization of Prostitution in India" Published in the Jus Corpus Law Journal, Volume 2, Issue 4, 2022.

"Legalization of Prostitution in India and its Impact on Women" Published in the International Journal of Law Management & Humanities, Volume 4, Issue 2, 2021.

"Legal Status of Sex Work in India" Published by Juris Centre, 2023.

"Trafficking into Prostitution in India and the Indian Judiciary" Published in the International Human Rights Law Review, Volume 1, Issue 1.

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Published

2024-07-31

How to Cite

Arora, G., Shrivastava , S., & Mishra , M. (2024). ROLE OF JUDICIARY & IMPACT OF LEGALIZATION ON PROSTITUTION IN INDIA. ShodhKosh: Journal of Visual and Performing Arts, 5(7), 919–923. https://doi.org/10.29121/shodhkosh.v5.i7.2024.4693