RETHINKING MORALITY AND RIGHTS:

LEGALIZING PROSTITUTION AS A STRATEGIC RESPONSE TO GENDER BASED CRIMES IN INDIA

Abstract

The researcher initiates the study based on the hypothesis that prostitution is a social phenomenon that will persist as long as human civilization exist transcending time and context. The paper delves into the inevitable intersection of issues relating to morality, rights and legal framework concerning the legalization of prostitution as a potential strategy to combat gender-based crimes in India. Taking inference from the feminist legal theory and human rights angle, the objective of the study is to critically examines the gap between the legal framework, societal attitude and the practical reality which indicates towards the need for a paradigm shift from the conservative moralistic condemnation to a rights-based open approach. The existing laws seems insufficient in its approach and criminalizes various aspects of prostitution, perpetuate stigma, discrimination, and violence against sex workers and failing to address the underlying socio-economic factors/possibilities which drives them into it. Adding more trouble, the enforcement mechanism often results in harassment, agony, shame exploitation and abuse of human rights in the hands of the authorities which is traumatizing and unfortunate. The study investigates into the systemic vulnerability and complexities revolving gender-based crimes on the marginalized women who are involved in sex work making their existing worst situation in a pathetic one.  The researcher would explore into the never ending much avoided controversy between individual autonomy verses state regulation verses public morality from the lenses of social justice, human dignity, choice, safety, health, rights (both human and labor). The paper would also try and propose a comprehensive yet pragmatic framework which would include measures related to socio-economic avenues. In totality we need to revisit our approach towards prostitution