CRIME PREVENTION AND LEGALIZATION OF PROSTITUTION

Written by Abinash Das

2nd semester LL.M.(Hons.) P.G. Department of Law, Utkal University

ABSTRACT

The priority of the criminal justice system should be resolving conflict between the offender
and the victim. Therefore the aim should be to meet the victim’s needs, and to convince the
offender his responsibility of the crime. Slavery still exists, but now it applies to women and
its name is prostitution. If prostitution is not legalized, then trafficking will take place. That’s
when people try to run such industries illegally and hundreds of people become the victim of
trafficking. Legalizing prostitution would make sex workers life better and healthier.
Constitutional morality, appositely understood, means ‘the morality that has inherent
elements in the constitutional norms and the conscience of the Constitution’ should outweigh
social morality. It advocates the principle of constitutional justness without subjective
exposition of generosity.1

Rape is a crime against basic human rights and is also violative of the victim’s most
cherished right, namely right to life which includes right to live with human dignity contained
in article 21. Therefore prostitution should be legalised and regularised from the standpoint of
Article 21 of the Constitution of India in order to do substantial justice in minimising the rape
cases in India.2 Occupation would be an activity of a person undertaken as a means of
livelihood or a mission in life.3 The fundamental right guaranteed in Art. 19(1) (g) as
comprehensive as possible and to include all avenues and modes through which a person
earns his livelihood. Sex work being legal, the sex workers have fundamental right under Art.
19(1)(g) to carry out such profession because they are doing it for a living and also due to
abject poverty. The Supreme Court in ‘Unni Krishnan vs. State of A.P 4’ stated that “Right to
health and medical aid of workers”5 falls within the ambit of Art. 21, since the expression
‘personal liberty’ is of the widest amplitude. The sex workers should be provided with health
1
Justice should not only be done but it must also be seen to be done. Reasonableness and fairness is the heart
and soul of Art. 14 of the Constitution of India.
2
Indian Handicrafts Emporium vs. Union of India, (2003) 7 SCC 589, 605 (para 38) : AIR 2003 SC 3240
3
T.M.A Pai Foundation vs. State of Karnataka, (2002) 8 SCC 481, 535 (paras 20 and 25) affirming Sodan
Singh vs. New Delhi Municipal Committee, (1989) 4 SCC 155, and partly overruling Unni Krishna, J.P. vs.
State of A.P., (1993) 1 SCC 645.
4
Unni Krishnan, J.P. vs. State of A.P., (1993) 1 SCC 645 : AIR 1993 SC 2178.
5
Consumer Education & Research Centre vs. Union of India, (1995) 3 SCC 42; Research Foundation for
Science (13) vs. Union of India, (2005) 13 SCC 661, 664 (para 12) : (2003) 8 Scale 118.
insurance as well as their medical fitness should be given paramount consideration. In the
light of the above, an attempt will be taken to analyse the position of the prostitutes under the
criminal justice system and the opportunities provided by the state for their education and
training so as to facilitate their rehabilitation with the advent of right to privacy and
progressive realisation of rights.6

Keywords: Constitution, prostitution, legalization, sex workers, trafficking, remedies.

6
Gaurav Jain vs. Union of India, AIR 1997 SC 3021.