Page 106 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
Introduction
India has a long history of prostitution, with references to sex workers
found in various Hindu mythological narratives. These women were
unconventional figures excelling in traditional arts such as dance
and music. However, the advent of colonialism introduced a system
of oppression and exploitation. The British transformed concepts
of sexual freedom, femininity, art, and philosophy into notions like
devoutness and bhakti to impose social limitations on these women.
Even after colonialism ended and feudalism declined, these women
continued to face abuses from temple priests, contributing to their
vulnerability to sexual exploitation and deprivation-an early form
of prostitution in India.
Traditionally, sex workers in India have been stigmatized as a
class perceived a threat to society. They were categorized as a
group undermining communal values. Despite certain sex workers
engaging in their profession willingly, societal perspectives often
target them with pressure and shame . The Immoral Trafficking
1
(Prevention) Act, 1956 (ITPA), an Indian law regulating sex work,
encapsulates this approach. While numerous misconceptions
prevail, one being the illegality of prostitution in India, a recent
ruling by the Supreme Court sheds light on the occupation and its
potential impact on industry dynamics. Clarifying the legal status
aims to dispel myths and improve the well-being of individuals
involved in sex work.

Definition of Sex Work
Prostitution is having sexual families with other people in the
agreement for money. A prostitute is someone who works in
this industry. It takes place in a diversity of settings, and then its
permissible position diverges from state to state and region to
region within a country. It can be legalized or unregulated, or it can

1 GeetanjaliMisra, Ajay Mahal& Rima Shah, ‘Protecting the Rights of Sex Workers: The
Indian Experience’ (Harvard College 2000) 88-115
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