SC tells Govt to legalise sex trade to curb trafficking

[suma25]

New Delhi: The Supreme Court on Wednesday asked the Centre whether it could legalise prostitution if it wasn't possible to curb it. "When you say it is the world's oldest profession and when you are not able to curb it by laws, why don't you legalise it? You can then monitor the trade, rehabilitate and provide medical aid to those involved," Justices Dalveer Bhandari and AK Patnaik told Solicitor-General Gopal Subramaniam. The court said legalising sex trade would be a better option to avoid trafficking of women and pointed out that nowhere in the world was prostitution curbed by punitive measures. Subramaniam said he would look into the suggestion. "They (sex workers) have been operating in one way or the other and nowhere in the world have they been able to curb it by legislation. In some cases, they (the trade) is carried out in a sophisticated manner. So, why don't you legalise it?" the judges asked. The court was hearing a PIL filed by NGOs Bachpan Bachao Andolan and Childline complaining about large-scale child trafficking in the country and seeking directives to contain it. The apex court wondered why 37 per cent of the country's population continued to languish below the poverty line at a time the GDP rate was said to be growing. The bench said child trafficking and sex trade were flourishing because of poverty which needed to be tackled. "We are taking about growing GDP. I do not know what is the development we are all talking about when the number of BPL families is at 37 per cent, which has increased from 30 per cent. Growth of GDP does not mean some four or five families have developed. If this is the state of development, we can't help it," the bench said while posting the case for further hearing to January 5. http://ibnlive.in.com/news/sc-tells-govt-to-legalise-sex-trade-to-curb-trafficking/106814-3.html?from=tn

[suma25]

some radical suggestion there by the judiciary. Though I am skeptical whether legalising prostitution would help in curbing prostitution or women trafficking .

[Guest Gunner]

^^I think it does. The examples from Europe definitely prove that it reduces trafficking which was otherwise a major headache in the past.

[ViruRulez]

I have been saying that for ages. The Supreme Court tells Govt. what most modern thinkers say. I also believe that legalizing sex trade could curb the illegal trafficking and rapes etc. too. But there are also cons and there might be problems in society if sex trade is brought too much into the open. It should be legalized but the govt. should also take proper actions so that it does not affect family and social life.

[triam]

^^ Waiting for all kinds of religious organizations to do a song and dance about this. Sometimes, our judiciary really impresses me, it definitely is way ahead of our polity.

[punjabi_khota]

^^ Waiting for all kinds of religious organizations to do a song and dance about this. Sometimes' date= our judiciary really impresses me, it definitely is way ahead of our polity.

Thats because it doesn't have to do anything other than preach. It is not like those judges are going to come under fire if such decisions backfire. A judge's job is as secure as a tenured professor.

[Lurker]

Thats because it doesn't have to do anything other than preach. It is not like those judges are going to come under fire if such decisions backfire. A judge's job is as secure as a tenured professor.

Yep. Easy to say lets go ahead and make prostitution legal without realizing its pitfalls. In a country like ours there are ample reasons not to legalize this.

[triam]

^^ can you list some

[Lurker]

^^ can you list some

couple from top of my head 1) In my experience a lot of these flesh trade happens in poor society. Truckers are good example. People who have travelled on Highways(and stopped at a dhaba) can tell you stories of prostitues lurking around. It makes for a very uncomfortable sight, specially if you are travelling with family. Now if you legalize it this will open a Pandora's box in a country that is by and large conservative. 2) The people who indulge in these, both sellers and buyers, are perhaps the biggest carriers of venereal diseases in India. It is fairly common to read about a trucker who has effectively destroyed his family, and passed on the germs to his wife, sometimes to unborn kids etc. In Europe this may not be a problem since kids at 13 (or even earlier) are well versed with matters of sex and birth/disease control but not in India where even grown up men have problems buying candoms. In fact I would argue an average Indian male maybe very comfortable buying candoms, and birth pills, in USA but the same person gets all shy and conscious when he visits Indian pharmacy. Generalling speaking of course. xxx

[triam]

couple from top of my head 1) In my experience a lot of these flesh trade happens in poor society. Truckers are good example. People who have travelled on Highways(and stopped at a dhaba) can tell you stories of prostitues lurking around. It makes for a very uncomfortable sight, specially if you are travelling with family. Now if you legalize it this will open a Pandora's box in a country that is by and large conservative.

It may happen more in the poor society due to economic concerns, but the real culprits who do sex trafficking the enablers are not poor by any means. Yes it is uncomfortable for a family, but that is not a valid enough reason to not legalize it, considering the benefits and protection that these same females will be provided by legalizing it? it is akin to saying because some people and families get uncomfortable by homosexuality, that it shud be considered a crime and not give equal status.

2) The people who indulge in these, both sellers and buyers, are perhaps the biggest carriers of venereal diseases in India. It is fairly common to read about a trucker who has effectively destroyed his family, and passed on the germs to his wife, sometimes to unborn kids etc. In Europe this may not be a problem since kids at 13 (or even earlier) are well versed with matters of sex and birth/disease control but not in India where even grown up men have problems buying candoms.

Yes, they probably are, thats why making it legal and training the prostitutes to enforce use of condom etc by some kind of organized mode is the only way to stop, obviously prostitution being a crime has not stopped the spread of veneral diseases has it?

In fact I would argue an average Indian male maybe very comfortable buying candoms, and birth pills, in USA but the same person gets all shy and conscious when he visits Indian pharmacy. Generalling speaking of course. xxx

Maybe, but how does that pertain to this discussion. Do you agree or not that there are innumerable benefits for legalizing prostitution? Can control the black market, can control the trafficking of young boys and girls, can be taxable, can be trained to have basic hygiene and other stuff etc?

[Lurker]

Yes it is uncomfortable for a family, but that is not a valid enough reason to not legalize it, considering the benefits and protection that these same females will be provided by legalizing it? it is akin to saying because some people and families get uncomfortable by homosexuality, that it shud be considered a crime and not give equal status.

You have answered your own question there. In India it would take some time before homosexuals get the same status. We are not living in United States(which does not bestow equal status anyway) or Europe. Fact is an average Indian, male or female, cringes when he/she sees two males kissing in public. If you think Indian society is ready to see public display of male to male affection think again. And the laws ultimately would be made by the society. Same thing with prostitution. Sure you can argue that it would help sex workers but what percentage of population are sex workers anyway? Say 1%, if that? If overwhelming majority will balk at it, and it will, who will get the law passed?

Yes, they probably are, thats why making it legal and training the prostitutes to enforce use of condom etc by some kind of organized mode is the only way to stop, obviously prostitution being a crime has not stopped the spread of veneral diseases has it?

Again we have to keep the facts in mind. Family planning, and use of candoms, is nothing new. Anyone who has been watching Telly can tell you it has been on public broadcast since 1980s atleast. Before the days of cable when Doordarshan was the only channel family planning PDAs were done right after the news, arguably the hottest time slot. That has been about 20-30 years and we still have the issue.

Maybe, but how does that pertain to this discussion.

It gives you a feel of an average male thought process. Ultimately these are the people who would caste votes. If as a society we are not very sexually expressive, or open or whatever you wanna call it, there is little chance is expecting results that are simply not coming.

Can control the black market, can control the trafficking of young boys and girls, can be taxable, can be trained to have basic hygiene and other stuff etc?

Taxable is the only part I agree with really. You can not control black market, underworld does. If you legalize sex traffic you would have to put a moratorium on age, say 21 years. The younger kids would still be trafficked. As for hygiene etc yes those are good thoughts but have you visited an average Indian hospital? If they are not hygienic do you really think sex brothels would be? xxx

[triam]

^^ I dont agree with the principle of majority forming all decisions, what if majority wanted slavery? will you be k with it?

[Zap_Brannigan]

Legalizing and allowing "prostitutes" to get a license for their trade , but only after regular medical check ups, education on STD's might make it safer than the current situation.

[Lurker]

I've come across a few biharis in my college life, they claimed that too many young guys in UP would go for a guy than a good looking girl. does it mean that most of UP is AIDS infected :dontknow:

Shwetabh I will let you take this :giggle::giggle:

[Lurker]

^^ I dont agree with the principle of majority forming all decisions, what if majority wanted slavery? will you be k with it?

I dont quite think thats gonna happen. If there was a mandate in USA about slavery I doubt it shall pass. Broadly speaking I may not agree with every single law being passed by majority enforcement but I do fundamentally beleive in democracy and in democratic process that is how laws and norms are defined/regulated.

[ViruRulez]

couple from top of my head 1) In my experience a lot of these flesh trade happens in poor society. Truckers are good example. People who have travelled on Highways(and stopped at a dhaba) can tell you stories of prostitues lurking around. It makes for a very uncomfortable sight, specially if you are travelling with family. Now if you legalize it this will open a Pandora's box in a country that is by and large conservative. xxx

In fact you are contradicting your own statement here. The reason the poor is more involved in sex trade is because of exploitation by illegal sex trafficking. And the law itself needs to be passed legalizing prostitution so that these illegal sex trafficking ends and sex trade goes in a legalized and disciplined manner. But as you pointed out it cannot happen that such a law will be successful all of a sudden. Nobody knows what would be the actual result as Indian culture, way of life and everything is different from the rest of the world (except maybe the other desi countries). So, what has worked in US or UK might not work here very well. The most important thing is not only legalization but to legalize in a proper manner so that exploitation ends. But as we all know there are hardly many laws or things which are disciplined in India. So, if the law is not implemented properly then it might lead to even more problem as you mentioned and illegal sex trade and trafficking might come into the open instead of reducing all the evils. Frankly speaking I am still in two minds over this. I want such laws legalizing prostitution to be passed but at the same time I am worried about sex traffickers and exploiters taking advantage of it in case the govt. does not take the precautions. And we know how India works and so it worries me even more thinking about the negatives too. I am not sure if it is the right time as of now but it has to be legalized at some point.

[triam]

^^ Slavery may not pass, but there is a very decent chance that teaching evolution in schools will fail in the US. wuld you agree. Majority of the laws are not passed that have majority of approval, thats why we elect people, people who in theory are better leaders than us, and will make decisions which we may or may not make because of our short comings.

[urbestfriend]

Yes, they probably are, thats why making it legal and training the prstitutes to enforce use of condom etc by some kind of organized mode is the only way to stop, obviously prostitution being a crime has not stopped the spread of veneral diseases has it?

Bullsh!t! You are day dreaming that, by legalizing prostitution , prostitutes will get organized and they can be easily controlled. That might work in developed countries but it never works for a poor country like India where majority who goes to this profession are uneducated and poor. When we cannot organize millions of daily labors , how do you expect a taboo profession like prostitution can be organized just by legalizing.

Do you agree or not that there are innumerable benefits for legalizing prostitution? Can control the black market, can control the trafficking of young boys and girls, can be taxable, can be trained to have basic hygiene and other stuff etc?

Such things may work in countries where prostitutes enter this trade on their own accord and they are educated. But none of this can work,in India.Even it is legalized, how do you expect govt to control the trade.? of Do you expect uneducated prostitutes and pimps go to a government officers and take license and pay tax for what they earn? Even prostitutes are licensed, what happens to under-aged or other prostitutes who do not have a license? should they be punished? Should the client who goes to an unlicensed prostitute be punished? Do you think it is possible to restrict prostitution into some areas which can be controlled by govt authorities? Legalizing might bring in hard cash, but how much of that cash do you think will reach the prostitute ? What guarantee is there that unwilling females will not be drugged and used in the trade.? After legalizing, do you think all the women in prostitution will be there because of their own wish /accord? These are some questions to be asked. On the down side, we have more poor women entering into prostitution for easy money. More school and college boys getting provoked to try at least once because of no fear of getting caught. More married men breaking shackles when they see an opportunity and a scoiety which is more morally corrupt.

[triam]

Bullsh!t! You are day dreaming that, by legalizing prostitution , prostitutes will get organized and they can be easily controlled. That might work in developed countries but it never works for a poor country like India where majority who goes to this profession are uneducated and poor. When we cannot organize millions of daily labors , how do you expect a taboo profession like prostitution can be organized just by legalizing.

Legalizing comes first, organizing comes next, maybe organization and improvement wont happen in the next 10 years but after 20 years will happen, the first step is legalizing it, do you agree it cannot be eliminated.

Such things may work in countries where prostitutes enter this trade on their own accord and they are educated. But none of this can work,in India.Even it is legalized, how do you expect govt to control the trade.? of Do you expect uneducated prostitutes and pimps go to a government officers and take license and pay tax for what they earn? Even prostitutes are licensed, what happens to under-aged or other prostitutes who do not have a license? should they be punished? Should the client who goes to an unlicensed prostitute be punished? Do you think it is possible to restrict prostitution into some areas which can be controlled by govt authorities? Legalizing might bring in hard cash, but how much of that cash do you think will reach the prostitute ? What guarantee is there that unwilling females will not be drugged and used in the trade.? After legalizing, do you think all the women in prostitution will be there because of their own wish /accord? These are some questions to be asked.

Govt does not control the trade, but oversees it, you are going to the implementation details, that can wait for now, first step is legalizing it.

On the down side, we have more poor women entering into prostitution for easy money. More school and college boys getting provoked to try at least once because of no fear of getting caught. More married men breaking shackles when they see an opportunity and a scoiety which is more morally corrupt.

Whats wrng if a poor woman who sees this as a way to sustain her own livelihood, easy money or not? Morally corrupt, is such a vague statement. What are you suggesting eliminate prostitution? Obviously if you legalize prostitution, and have a law which states under 21 not allowed and if allowed the license will be cancelled, more prostitutes will refuse to entertain school boys and college boys. Husbands going to prostitutes is between that husband and his wife, if she is ok with it, she is ok with it, you and me have no say to state he is morally corrupt etc.