Prostitution is the practice of engaging in sexual activity with someone for payment and the person engage in this activity is known as Prostitute. There are around 42 million prostitutes around the world and three quarters of them are between the ages of 13 and 25, and 80% of them are female. This is higher than the population of Australia and Canada. There were over 3 million prostitute or sex workers in India and many enter in this activity between the age of 12-15 years. It surely not the same now.

1. INTRODUCTION
Prostitution is the practice of engaging in sexual activity with someone for
payment and the person engage in this activity is known as Prostitute. There are
around 42 million prostitutes around the world and three quarters of them are
between the ages of 13 and 25, and 80% of them are female.1 This is higher than
the population of Australia and Canada. There were over 3 million prostitute or
sex workers in India and many enter in this activity between the age of 12-15
years.2 It surely not the same now.
PROSTITUTION - “A PROFESSION OR COMPULSION”
Prostitution is known as the oldest profession of the world. Is it a Profession?
A profession is marked by autonomy, status, prestige, and power, which clearly
have no existence in Indian society for Prostitute. Prostitute or sex workers are
always fighting for their dignity and safety. Such a powerless profession which
compel sex workers to ask for safety against their profession.
In India, all citizen shall have the right to practice any profession, or to carry on
any occupation, trade or business.3 So the professionof prostitution can be
called as a profession by Fundamental Right. There are no absolute rights
therefore there are always restrictions over those rights. One of them is, there
should be professional and technical qualification necessary for practising any
profession, or to carry on any occupation, trade or business.3 So professional
and technical qualification are needed to carry it on and unfortunately there is
no qualification that a prostitute shall own to be a prostitute. Prostitution is
always being immoral and against the dignity of human kind. There is no
society which promote it as moral and safe act as it hurts both girls and women
and also against the morality and dignity of females. The right to practice any
‘profession’ does notinclude right to carry on any illegal or immoral profession.
4
1
Acc. to a report from Foundation Scales (via Le Figaro) (2010)
2
Acc. to ministry of women and child development (2007)
3
INDIA CONST. art. 19, cl. 1, sub-cl. g.
3
INDIA CONST. art.19,cl. 6, sub-cl. i.
4
DR. J. N. PANDEY, CONSTITUTIONAL LAW OF INDIA, 232 (2016)

2. The time is gone when the slavery of Women and girls are known as a
Profession. So, Prostitution is not a Profession, calling it as an old profession
is nothing but just appreciation of tearing of human dignity, violence and
coercion that the prostitute not only suffered but also suffering. The oldest
professionis Agriculture.
Is Prostitution a Compulsion?
An act which force a woman to sale her dignity cannot only be by choice. Most
women cannot be said to “choose”a line of work they have been forced into,
and find so disgusting, most of them need drugs to numb their misery. There are
always reason for a selfless act and for them the reason is livelihood and their
children future. Social pressure is also one the reason which drag them into this
act. Also, in India 90% of Prostitutes’ daughters engage in the same activity as
their mother was engaged in. It might appear to be a best alternative available to
them.
Sex worker crave for social dignity and also many of them for happy married
life rather than money. One can't just give them money and pull them out of
this, they need social security and dignity. They are scared to come out alone
out of the world they have always been in. Forchanging their lives, we need a
complete social change. Prostitute have sex with strange man as a compulsion
otherwise they would probably do it for free. Why aren't they doing it for free?
Yes, they need money to eat, probably their kids need to eat. It is all for money.
This is an unfortunate social reality.
So, Prostitution is by choice because of reasons they have and the one of the
reasons is Compulsion. Yes, directly or indirectly Prostitution is a compulsion.
It has a string attach to compulsion, lose or tight but it is.

3. LITERATURE REVIEW
Prostitution is an affliction, painful act which is horrible of human trafficking.5
Prostitution is one of those social toxins that never goes away. It is harmful for
women, girls, and even to the society as a whole. It is hard to curb it from the
society and also from those life who all are involve in this activity. Prostitutes or
sex workers not only suffers from poverty but also from diseases and sometimes
depression but they don'tgive up the war on those afflictions.
Profession and Respectis not a problem for some sex workers as people who
know them respects them.6 They mostly choosetheir professionby how much
they are earning in that profession. They believe they do it by choice but this is
not true, they are compelled to earn more and deny to work as tailor in which
they don'tearn that high.
SCOPE AND SIGNIFICANCE
The professionof prostitution could never be a topic of fun neither for a boy
prostitute nor for a girl prostitute. It is the exploitation of human being. The
standard of living of human being, the quality of education, the surroundings
across walls may be different but the feeling of human dignity can never be
disregarded, and this cannot be cured with its legalisation but with social
support. Legalisation of prostitution is not the solution but it will be like ‘forced
prostitution’ rather than ‘voluntary prostitution’. Legalisation of Prostitution
will not stop sex trafficking.
Some prostitute earn decent money, has no such problem with prostitution,
enjoys a great parallel social life which does not affect the earning way. They
live with dignity and find them self-worth. Any person who chooses to earn in
this manner deserves a existence of dignity identical to that of loved by human
beings in different professions. Therefore, a sex worker is not a sufferer only
because of the very virtue of being a sex worker. The belief that someone
5
Barbara Kay,Prostitution is an affliction, not a profession, NATIONALPOST (Aug. 03, 2011, 07:30
A.M.) http://nationalpost.com/opinion/barbara-kay-prostitution-is-an-affliction-not-a-profession/wcm/
0093fa17-7bb9-4504-acb9-e515027eecb0
6
Sex Workers, We do it out of choice, not compulsion, TOI (May 04, 2016, 01:45 A.M.)
http://timesofindia.indiatimes.com/city/bengaluru/We-do-it-out-of-choice-not-compulsion-
Sexworkers/articleshow/52099867.cms

4. involves in sex work ought to be doing so most effective because they have no
other choice is wrong and offensive.
In India, having sex for money is not illegal; soliciting customers is illegal,
running a brothel/pimping/organised prostitution is illegal.7 This legal
framework states, sex work as legal but soliciting and pimping are not and
becomes illegal and stigmatised. For prostitutes it a fight for dignity and self-
worth. They might be deprived of their rights because of social stigma. No
personshall be deprived of his life or personal liberty except according to
procedureestablished by law.8 This provision of the Indian Constitution talks
about the human dignity and personal liberty. The State shall help the person
who are deprived of his personal liberty by providing rehabilitation, mercy,
compensation, etc. The State shall provide rehabilitation of a sex worker.
The Supreme Court had directed the Central and State Government to prepare
schemes for sex workers and sexually abused woman in all cities in India to
give them technical/vocational training and the schemes shall mention in detail
that who will give the technical/vocational training & in what ways the sex
workers and sexually abused woman could be rehabilitated and settled by
offering them employment.9 This could be the best thing that can be done when
it comes to curb Prostitution in Indian society. Rather than fighting for its cause
it’s better to stop it from infecting many lives. It’s hard to imagine the life of a
sex worker and hardest to imagine of sex worker’s child.
The Supreme Court has issued a number of directions to the government and all
social organisations to take upon appropriate measures for prevention of women
in various forms or prostitution and to rescue them from fallen than again into
the trap of right light area and to rehabilitate their children through various
7
S. 3, ITPA,1956
8
INDIA CONST.,art 21
9
Budhadev karmaskar v. State of W. B., AIR 2011 SC 2636

5. welfare measures so as to provide them with dignity of person, means of
livelihood and socio-economic improvement. 10
It is the duty of government and all voluntary NGOs to take necessary measures
for protecting woman from prostitution and rehabilitate so they may live a life
with dignity. They should be provided opportunity for education, financial
support, legal aid free counselling housing facilities, etc. If possible, their
marriage may be arranged. Free treatment in hospitals, housing facilities and
pension to Devadasis women of 60 years or above and adult literacy program
provided by the state of Andra Pradesh. The Department of Women and Child
Development was formed under the Ministry of Welfare and Human Resources,
GOI to form suitable scheme for the proper and effective implementation and
for the establishment of Juvenile home. The court believed that the above law
and direction would relieve the human problem by rehabilitation of the
unfortunate women caught in the trap of prostitution, their children would be
brought into the mainstream of the social order. These directions would enable
them to avail the equality of opportunity and of status with human dignity which
are the arch of the Constitution.
10
Gaurav Jain v. Union of India, AIR 1997 SC 3021

6. CONCLUSION
The professionof prostitution is not a profession, we utterly fail to respectit as a
profession. Prostitution is the exploitation of human being which leads to
human trafficking. It is done by choice becauseof certain reason and the big
reason behind this is compulsion. The prostitutes or sex workers can do it for
free but they don’tbecause they might have to feed themselves and their kids,
with no father; which shows a clear string of compulsion attach to their choice.
This tear the dignity and moral of women involved in prostitution. We treat
those sex worker or prostitute nothing more than a disposable human body to
use and abuse as we see fit. They are the victim of degradation and torture.
If anything, that can help them the best is not legalisation of prostitution as it
makes it a ‘force prostitution’ and no more ‘voluntary prostitution’. A
distinction needs to be made between sex workers who have taken up the
professionvoluntarily and sex workers who have been or are being forced into
this profession. Thus, either India shall legalise prostitution which is the most
suitable step that can be taken or shall make such deterrent laws as to curve up
the problem of prostitution. Laws should not be suchas to just remove the
prostitutes but also to change the mentality of people who are interested in paid
sex by punishing them in such a manner that people of same mentality will dare
to indulge themselves in similar activities.
The times has to either integrate prostitution as a part of society or to alienate
them completely, middle path will never beneficial for prostitutes and to society
at large. Legalizationdoes have its pros and cons, but weighing them is
crucial.

7. BIBLIOGRAPHY
• Wikipedia
• Dr. J. N. Pandey, Constitutional Law of India
• M. P. Jain, Indian Constitutional Law
• Dr. S. R. Myneni, Legal Research Methodology
• Landmark Judgments, Universal Law Publishing
• Bare Act, Constitution of India
• Indian Kanoon
• The Times of India
• The Hindu
• Indian Express
• Indian times
• Youth forum
• livelaw.in
• nationalpost.com
• dailymail.co.uk
• prostituion.procorn.org
• xyonline.net
• lawsteetmedia.com