Prostitution Not An Offence, A Woman Has The Right To Choose Her Profession, Says Bombay HC

In a ruling that can have far-reaching implications, the Bombay High Court has held that prostitution, by itself, is neither a criminal offence under the law.

The Bombay High Court held that an adult woman has the fundamental right to choose her profession and cannot be forced to live in a correction home.

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The court was hearing a plea by three women who were detained and later moved to a shelter home after they were arrested under the Immoral Traffic (Prevention) Act, 1956 during a raid.

Justice Prithviraj Chavan, while setting free three women from detention centres noted that "There is no provision under any law which makes prostitution per se a criminal offence or punishes a person because s/he indulges in prostitution."

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The judge further said that the law only penalizes sexual exploitation or abuse of a person for "commercial purpose" and to earn the bread thereby, except where a person is carrying on prostitution in a public place.

'Fundamental right to choose profession'

The judge also noted the fundamental right to move freely throughout the country and to choose a profession. "The victims being major, their fundamental rights to move from one place to another place or to reside at a place of their choice and choose their vocation has to be considered."

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"They cannot be subjected to unnecessary detention contrary to their wish and should be asked to reside in the corrective institution," Justice Chavan held.

Ruling pertaining to a year old case

Following their 'rescue' after a raid at a guesthouse in September 2019, the women were shifted to the Navjeeven Mahila Vastigruha, Deonar which is a shelter home.

The middleman was arrested and booked under the ITP Act. The three women were held as "victims" and sent to the correctional facility.

The mothers and other legal guardians of the three women had approached the magistrate's court seeking their custody, but the plea was rejected.

The Bombay HC's observation is significant as prostitution is still largely perceived as illegal in India.

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Despite this, most of the big towns in the country have red-light areas, where prostitution happens with the knowledge of the authorities.

Sonagachi in Kolkata, Kamathipura in Mumbai and Budhwar Peth in Pune are the biggest red-light areas in India.

99% of sex workers are now wanting to take up alternative livelihood options, if given an opportunity, according to a study done in Pune, Maharashtra.

Last week, it was reported that sex workers in the red light district of Pune have been allowed to resume work, adhering to COVID-19 protocols.

In the middle of a pandemic, masks and gloves are a must during any act of intimacy. Clients have been asked to use hand sanitisers and disinfectants.