Prostitution in India: Sociological Aspect and Judicial Response

  • Sonali Anand and Bhawna Gandhi
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  • Sonali Anand

    Advocate at Delhi High Court, India

  • Bhawna Gandhi

    Advocate at Delhi High Court, India

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Abstract

“To no one will we sell, to no one deny or delay right or justice” - Clause 40, Magna Carta This clause of the Great Charter, Magna Carta laid the foundation and spirit of individual liberty enshrined in the Constitution of India. The rights that Constitution grants in favor of sex workers essentially include, but are not restricted to, right to live with dignity, right to carry own profession of own choice, right to free legal aid, right against exploitation, right to healthcare, right to vote, right to shelter, right to carry on any trade business or profession, amongst others. Beyond articulating these rights as indivisible, Welfare State concept obligates the State machinery to take all appropriate measures to eliminate discrimination against women. The historical norms for the prostitution are seen as the root of such profession. Here, the research delves upon the historical and sociological approach towards women who choose the prostitution as profession. The present paper discusses the vicious circle of rights, laws and legal status of women as sex workers from pre-independence era to present times. Further, it throws light upon the constitutional and legal provisions that safeguard the rights of the women who choose prostitution as their profession. Also, the legal implication in support of judicial interpretation with the relevant case laws succinctly mention the real state of a women known for sex workers fighting for their rights and social status even in the contemporary era.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 5, Page 1863 - 1870

DOI: https://doij.org/10.10000/IJLMH.112058

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