LEGALIZING PROSTITUTION INTRICACIES, INVOLVEMENTS AND IMPLICATIONS
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amit joshi
Nov 17, 2014, 4:32:15 AM11/17/14
to my-shaurya
‘Jiska koi record hi nahi, uski complain kaise sahib ‘ came the query
from the role of Simran in Kareena Amir Khan Bollywood starrer Tallash
with reverberations that kept haunting the mind about existential
legitimacies of prostitutes in India. Cinematic influence has its own
set of ideals but never are these ignorant in any sense of
highlighting a social or any other pertaining issue. Yes it has an
urging and impelling impact because it stirs up emotional faculties of
the mind and the drive towards a change if need be become more
stronger. In a democratic environment these urges do not shy away from
seeking popular mandate and are instrumental in consolidating
population arithmetics for support of issue. The collective conscience
of the Indians in the present case of legalizing prostitution however
has not been able to amass and agglomerate. In a lighter note one can
conclude such a result from the low box office performance of tallash
event though studded with 300 crore actors ! The idea of a bollywood
introduction was to kindle the emotional setting of the issue but this
requires a deeper rational analysis for the level of complication
involved. The major involving streamlines of opinions and their
concomitant legitimizing theories arising from existing objective
knowledge of the world and subjective parameters of opinion are
analysed below.
The first place naturally goes to the section who are doing their all
to legitimize prostitution and this includes an array of sex workers
unions,women organizations and NGO’s like Durbar , Prerna and Usha
Multi Purpose Co Operative Societies. The subjective views of Lalitha
Kumaramanglam , Chairperson NCW have further accentuated the case. The
major support for legalization base their reason and logic on the
reduction of trafficking if such a law comes into force with the
gradual destruction of the oppressed life in the red light ghettos of
India ,the Sobha Bazar of Kolkata, the Grant road Mumbai, G B road of
Delhi to name a few. The other benefits being the reduction of
sexually transmitted diseases, exploitation of the prostitute, and
amicable settlement of deals leading to a proper economic realization
that is at present the root cause of all evil. The argument bases
itself that this settled value and negations among brokers has creates
a backward linkage of trafficking and a forward supporting mafia
section that is benefiting itself and denying the woman her meager
monetary gratitude after selling her flesh. Thus decriminalizing would
help in dissolving all the mafias and traffickers and thus would
vanish the crimes that are perpetuated on women who have crossed the
line of legitimate civilization. The opposing section however is
skeptical about the fulfillment of the objectives being highlighted by
the seekers and they have their own set of empirical evidential cross
country experiences of Thailand where trafficking from Myanmar ,
Cambodia and bangaladesh continues to keep the trade going.
Apart from rationalists there is another set of opposers who base
their views on religion, ethics and values and the possible
degradation of Indian society that is materializing with insatiable
appetite. Now let us evolve the desired by putting economics, human
rights, ethics, religion and history and pyschology in perspective and
their inter play in society.
From human rights perspective the force for legalization is great
albeit scrutinizing its conformity to the fundamental rights of our
constitution without altering the balance between freedom and national
interest is the task of the judiciary. Here there include three
different streamlines of thoughts. One that legalizes prostitution
because it is the natural right of a person on his/ her body. Such a
recognition exists in Netherland and to the extent that it is also
neutral on suicide and moral support for the same in the cases of
distress. Second the understanding of sexual gratification as an act
of urge and natural to human beings without any qualms in its
commodification if the interested parties are willing and that such a
deprivation to be of antithetical to Charter of Human Rights. These
include countries like Thailand where prostitution although illegal is
allowed in a regulated manner. The third and the last view where
legalizing is seen as a resolution mechanism to evade the gross human
rights violations that women suffer due to trafficking and the
inability of the governance and security mechanism to keep a check or
prevent such an happening. The third presents a case for India.
Economics of the issue are more complex and a reference to these would
hamper any any kind of mobility in decision making. One such
association of prostitution is related to the tourism industry and the
tourism booms in Netherlands, Thailand, Dominican Republic, Cambodia,
Kenya, Costa Rica, Phillipiness , Colombia have been gratuitous to
flesh trade and have merrily supplemented their natural landscape,
flora and fauna. If the nation is willing to neglect such enormous GDP
contributions, the other economic issue of unemployment and poverty
arise which is the major factor fuelling illegal activities in India
and many under developed countries. The fulfillment of basic
necessities if incomplete in a country it makes it difficult to efface
prostitution from its landscape. Also the growing trends of
urbanization, materialism and aspirational tendencies have added a
greater number of reasons within the domain for in involvement of
prostitution. Long term economics of sustaining prostitution legally
have bolstered them and then over the years reversal is almost
impossible as is with alcohol, cigarettes,etc
The ethical and religious subjects completely negate with different
religious and ethical pronouncements abhorring the practice of
adultery, prostitution and where prudence is a virtue and Gandhian
ethics that impose a blanket ban on the trade. History however is full
of irony where the practice of prostitution dates back to the oldest
trade in the world co existing with philosophical and religious texts
abhorring and detesting the same.
Indian context.
After a general discussion now coming to the issues in India. Here the
basic human rights of prostitutes and their gross violations cannot be
ignored any more has to be the norm. However we go with it by stronger
detterent organization or legalization and regulation is a point of
debate. Another context is that religious practice and political
reality cannot be ignored and any attempts of legalization will surely
be strangulated. The impact on values and the family relationships
will be huge in a legal environment and thus any attempt here has to
be proceeded with caution. Also the demographic dividend that India is
boasting has a chance of erosion if vices of alcohol, drugs and
ciggarattes on metaphorical lines keep high on the agenda of our
youth.
Let us in this issue finally remind ourselves of Gandhiji and stop
ourselves from legalization and take due notice to the consequences
the Father of Our Nation has presciently described a century ago. Also
the voices of the ghettos can no longer be ignored and that there has
to be a resolution.
--
Amit Joshi,
Mineral Engg. B .Tech.,
Indian School Of Mines,Dhanbad.
+91 9546415101
from the role of Simran in Kareena Amir Khan Bollywood starrer Tallash
with reverberations that kept haunting the mind about existential
legitimacies of prostitutes in India. Cinematic influence has its own
set of ideals but never are these ignorant in any sense of
highlighting a social or any other pertaining issue. Yes it has an
urging and impelling impact because it stirs up emotional faculties of
the mind and the drive towards a change if need be become more
stronger. In a democratic environment these urges do not shy away from
seeking popular mandate and are instrumental in consolidating
population arithmetics for support of issue. The collective conscience
of the Indians in the present case of legalizing prostitution however
has not been able to amass and agglomerate. In a lighter note one can
conclude such a result from the low box office performance of tallash
event though studded with 300 crore actors ! The idea of a bollywood
introduction was to kindle the emotional setting of the issue but this
requires a deeper rational analysis for the level of complication
involved. The major involving streamlines of opinions and their
concomitant legitimizing theories arising from existing objective
knowledge of the world and subjective parameters of opinion are
analysed below.
The first place naturally goes to the section who are doing their all
to legitimize prostitution and this includes an array of sex workers
unions,women organizations and NGO’s like Durbar , Prerna and Usha
Multi Purpose Co Operative Societies. The subjective views of Lalitha
Kumaramanglam , Chairperson NCW have further accentuated the case. The
major support for legalization base their reason and logic on the
reduction of trafficking if such a law comes into force with the
gradual destruction of the oppressed life in the red light ghettos of
India ,the Sobha Bazar of Kolkata, the Grant road Mumbai, G B road of
Delhi to name a few. The other benefits being the reduction of
sexually transmitted diseases, exploitation of the prostitute, and
amicable settlement of deals leading to a proper economic realization
that is at present the root cause of all evil. The argument bases
itself that this settled value and negations among brokers has creates
a backward linkage of trafficking and a forward supporting mafia
section that is benefiting itself and denying the woman her meager
monetary gratitude after selling her flesh. Thus decriminalizing would
help in dissolving all the mafias and traffickers and thus would
vanish the crimes that are perpetuated on women who have crossed the
line of legitimate civilization. The opposing section however is
skeptical about the fulfillment of the objectives being highlighted by
the seekers and they have their own set of empirical evidential cross
country experiences of Thailand where trafficking from Myanmar ,
Cambodia and bangaladesh continues to keep the trade going.
Apart from rationalists there is another set of opposers who base
their views on religion, ethics and values and the possible
degradation of Indian society that is materializing with insatiable
appetite. Now let us evolve the desired by putting economics, human
rights, ethics, religion and history and pyschology in perspective and
their inter play in society.
From human rights perspective the force for legalization is great
albeit scrutinizing its conformity to the fundamental rights of our
constitution without altering the balance between freedom and national
interest is the task of the judiciary. Here there include three
different streamlines of thoughts. One that legalizes prostitution
because it is the natural right of a person on his/ her body. Such a
recognition exists in Netherland and to the extent that it is also
neutral on suicide and moral support for the same in the cases of
distress. Second the understanding of sexual gratification as an act
of urge and natural to human beings without any qualms in its
commodification if the interested parties are willing and that such a
deprivation to be of antithetical to Charter of Human Rights. These
include countries like Thailand where prostitution although illegal is
allowed in a regulated manner. The third and the last view where
legalizing is seen as a resolution mechanism to evade the gross human
rights violations that women suffer due to trafficking and the
inability of the governance and security mechanism to keep a check or
prevent such an happening. The third presents a case for India.
Economics of the issue are more complex and a reference to these would
hamper any any kind of mobility in decision making. One such
association of prostitution is related to the tourism industry and the
tourism booms in Netherlands, Thailand, Dominican Republic, Cambodia,
Kenya, Costa Rica, Phillipiness , Colombia have been gratuitous to
flesh trade and have merrily supplemented their natural landscape,
flora and fauna. If the nation is willing to neglect such enormous GDP
contributions, the other economic issue of unemployment and poverty
arise which is the major factor fuelling illegal activities in India
and many under developed countries. The fulfillment of basic
necessities if incomplete in a country it makes it difficult to efface
prostitution from its landscape. Also the growing trends of
urbanization, materialism and aspirational tendencies have added a
greater number of reasons within the domain for in involvement of
prostitution. Long term economics of sustaining prostitution legally
have bolstered them and then over the years reversal is almost
impossible as is with alcohol, cigarettes,etc
The ethical and religious subjects completely negate with different
religious and ethical pronouncements abhorring the practice of
adultery, prostitution and where prudence is a virtue and Gandhian
ethics that impose a blanket ban on the trade. History however is full
of irony where the practice of prostitution dates back to the oldest
trade in the world co existing with philosophical and religious texts
abhorring and detesting the same.
Indian context.
After a general discussion now coming to the issues in India. Here the
basic human rights of prostitutes and their gross violations cannot be
ignored any more has to be the norm. However we go with it by stronger
detterent organization or legalization and regulation is a point of
debate. Another context is that religious practice and political
reality cannot be ignored and any attempts of legalization will surely
be strangulated. The impact on values and the family relationships
will be huge in a legal environment and thus any attempt here has to
be proceeded with caution. Also the demographic dividend that India is
boasting has a chance of erosion if vices of alcohol, drugs and
ciggarattes on metaphorical lines keep high on the agenda of our
youth.
Let us in this issue finally remind ourselves of Gandhiji and stop
ourselves from legalization and take due notice to the consequences
the Father of Our Nation has presciently described a century ago. Also
the voices of the ghettos can no longer be ignored and that there has
to be a resolution.
--
Amit Joshi,
Mineral Engg. B .Tech.,
Indian School Of Mines,Dhanbad.
+91 9546415101
Purushottam Kumar
Nov 18, 2014, 12:18:02 PM11/18/14
to my-sh...@googlegroups.com
Many org are working for sex workers benefits presently, eventhough it is illegal. In present scenario they can b helped to access govt welfare pgm . The problem is police harassment which will continue even after it becomes legal .
Empirically in Europe , legalizing prostitution increased human trafficking many fold. Legal sex industry in India will accentuate girl trafficking throughout south Asia .
Govt n ngo must work for welfare of sex workers without legalizing it. Also efforts must be taken to provide alternate vocation to vulnerable girls and sex workers .
Regards
Purushottam kumar
ISM Dhanbad 2010
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