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India is home today to Asia’s largest red-light district–Mumbai’s infamous Kamathipura, which originated as a massive brothel for British occupiers and shifted to a local clientele following Indian independence. The Mughal Empire (1526 -1857) also witnessed prostitution the word “tawaif” and mujra became common during this era. During the Mughal era in the subcontinent (1526 to 1857) prostitution had a strong nexus with performing arts. Mughals patronized prostitution which raised the status of dancers and singers to higher levels of prostitution. King Jahangir’s harem had 6,000 mistresses which denoted authority, wealth and power. Even during the British era prostitution flourished the famous kamathipura a red light area in Bombay was built during this era for the refreshment of British troops and which was later taken over by Indian sex workers.
The prostitution continued from ancient and medieval india and has taken a more gigantic outlook in modern india, the devdasi system still continues ,according to a report of National Human Rights Commission of the Government of India,” after initiation as devadasis, women migrate either to nearby towns or other far-off cities to practise prostitution”. The practice of dedicating devadasis was declared illegal by the Government of Karnataka in 1982 and the Government of Andhra Pradesh in 1988. However the practice is still prevalent in around 10 districts of north Karnataka and 14 districts in Andhra Pradesh. Districts bordering Maharashtra and Karnataka, known as the “devadasi belt,” have trafficking structures operating at various levels. The women here are in prostitution either because their husbands deserted them, or they are trafficked through coercion and deception. Many are devadasi dedicated into prostitution for the goddess Yellamma.
· Ill treatment by parents.
· inability to arrange marriage,
· Lack of sex education, media.
· Prior incest and rape.
· Early marriage and desertion.
· Lack of recreational facilities, ignorance, and acceptance of prostitution.
· Economic causes include poverty and economic distress.
· Psychological causes include desire for physical pleasure, greed, and dejection.
Notorious red light districts of India include GB Road in Delhi, Sonagachi in Kolkata, Kamathipura in Mumbai, Budhwar Peth in Pune and Reshampura in Gwalior. There are around 2.8 million prostitutes in the country and their number is increasing, as informed by Lok Sabha. Most of the girls are brought from Nepal and Bangladesh. ”Young girls are trafficked from Nepal to brothels in Mumbai and Kolkata at an average age of twelve. They are trapped into the vicious cycle of prostitution, debt and slavery. By the time they are in their mid-twenties, they are at the dead end. In modern India different kinds of prostitution is prevailing apart from prostitutes in brothel there are:
· Road side brothel.
Every hour, four women and girls in India enter prostitution, three of them against their will.
Prostitution is a problem in itself and child prostitution is making it more complex. Quoting a study on ‘Girls/Women in prostitution in India’, Minister for Women and Child Development Renuka Chowdhury said that out of the total number of prostitutes in the country, 35.47 per cent entered the trade before the age of 18 years. Though in cases like Gaurav jain vs. Union of India direction where given for the upliftment of prostitutes and establishment of the juvenile home for the children’s of prostitutes.
Laws related to prostitution in India:
Suppression of Immoral Traffic in Women and Girl Act -1956.
Prevention of Immoral Traffic Act-1956.
Immoral Traffic (Prevention) Act-1956.
The Immoral Trafficking Prevention Act, 1956 (“ITPA”), the main statute dealing with sex work in India, does not criminalise prostitution or prostitutes per se, but mostly punishes acts by third parties facilitating prostitution like brothel keeping, living off earnings and procuring, even where sex work is not coerced.
Section3. Punishment for keeping a brothel or allowing premises to be used as a brothel.
(1) Any person who keeps or manages, or acts or assists in the keeping or management of, a brothel, shall be punishable on first conviction with rigorous imprisonment for a term of not less than one year and not more than three years and also with fine which may extend to two thousand rupees and in the event of a second or subsequent to conviction with rigorous imprisonment for a term of not less than two years and not more than five years and also with fine which may extend to two thousand rupees.
(2) A any person who, –
(a) Being the tenant, lessee, occupier or person in charge of any premises, uses, or knowingly allows any other person to use, such premises or any part thereof as a brothel, or.
(b) Being the owner, lessor or landlord of any premises or the agent of such owner, lessor or landlord, lets the same or any part thereof with the knowledge that the same or any part thereof is intended to be used as a brothel, or is willfully a party to the use of such premises or any part thereof as a brothel, shall be punishable on first conviction with imprisonment for a term which may extend to two years and with fine which fine which may extend to two thousand rupees and in the event of a second or subsequent conviction, with rigorous imprisonment for a term which may extend to five years and also with fine.
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