Page 113 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
Furthermore, the IPC covers the rape of individuals within brothels.
‘Rape’, as defined by the IPC, encompasses engaging in sexual activity
with a female against her will, without her consent, under threat or fear
of death or injury, with her consent obtained under duress, or without
her consent when she is less than 16 years old. The IPC prescribes
a minimum seven-years prison sentence for rape. These laws apply
when brothel owners, employees, and customers engage in sexual
activities with minors or females compelled to remain in the brothels.

The legal framework also encompasses provisions related to
corruption connected to prostitution and human trafficking. These
include the Buying of Girls for Prostitution (Section-373 IPC), Child
Marriage Restraint Act, 1929, Immoral Trafficking (Prevention) Act
1956, Import of Girls (Section-366-B IPC), Procuration of Minor
Girls (Section 366-A IPC), and Selling of Girls for Prostitution
(Section-372 IPC). Each of these statutes plays a crucial role in
addressing and combating the various facets of human trafficking and
prostitution within the Indian legal context.
DMSC and SANGRAM
A novel intervention approach is emerging through organizations such
as Durbar Mahila Samanwaya Committee (DMSC) and Sampada
Grameen Mahila Sanstha (SANGRAM), dedicated to safeguard
the rights of sex workers. Aligned with activists and human rights
principles, this strategy advocates sex workers to attain full citizenship,
emphasizing three pivotal changes:
(a) Complete Decriminalization: The fundamental need for the full
decriminalization of sex work and the acknowledgment of sex
work as a legitimate occupation .
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(b) Altering Public Perceptions: A critical necessity to shift public
perceptions of sex work, challenging the prevailing notion of it
being inherently unethical and exploitative.

18 Durbar MahilaSamanwaya Committee, ‘Sex Workers’ Right to Self Determination in
Proceedings of West Bengal State Conference’, April·29-30, DMSC, Kolkata. (1997)
law.faculty@kdu.ac.lk
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