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Shailesh (Businessman)     27 May 2022

Has prostitution been legalized in india because the supreme court has given decision few hours ago?

Few hours ago, Supreme Court has given a decision that prostitutes should not be penalised and harassed by the Police.

Here are few links which give that information:
1.) https://zeenews.india.com/india/s*x-work-legal-supreme-court-gives-historic-judgement-on-prostitution-2467824.html
2.) https://www.firstpost.com/india/supreme-court-recognises-prostitution-as-profession-what-does-this-mean-for-s*x-workers-10726011.html#:~:text=%E2%80%9CNotwithstanding%20the%20profession%2C%20every%20individual,equal%20protection%20under%20the%20law.
3.) https://zeenews.india.com/hindi/india/video/supreme-court-considered-prostitution-as-a-profession-now-these-rights-will-be-available/1198477

So, to what extent is it legal? Are the clients also free to avail services of prostitutes? Give reasons for your answer.


 3 Replies

Alka Nupur Singh (Advocate)     27 May 2022

Note that through this judgement the SC has held that s*x workers cannot be arrested and their complaints for any s*xual harrasment has to be taken seriously by the police. So if it is consenting adults indulging, it is absolutely legal for you to hire them. But because of Immoral persons trafficking Act, soliciting clients in public, middle men, brothels, is illegal and not regulated in India. So where do you exactly meet the s*x workers to hire them makes all the diference.

Shailesh (Businessman)     28 May 2022

Originally posted by : Alka Nupur Singh

"So where do you exactly meet the s*x workers to hire them makes all the diference."

If that be the case, then where can the client meet? Prostitutes cannot advertise in newspapers and Internet or in public places. Meeting in public places to hire them is already illegal as we all know. Maintaining a brothel is also a crime. 

Even if the client legally hires a prostitute somehow , where can he avail the service? Even if he does this at his home, copscan raid his house and put a label or declare it as a brothel. So, what option is left for the customer?

G.L.N. Prasad (Retired employee.)     28 May 2022

The Supreme court has asked the police to treat them like other human beings and extend the same courtesy as to normal citizens and not harass them.  Those in the profession are having their advocates and know much more about law than their clients.  Only those entering newly into a profession or those who refuse to toe in line with the demands of police authorities are only subjected to harassment. The police treating 'Kasad' the terrorist with Biryani does not mean that terrorism is made legal.

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