LEGALISATION OF PROSTITUTION VERSUS CHOICE OF WORK FOR DECENT LIVING

Abstract

“You never really understand a person until you consider things from his point of view 

until you climb into his skin and walk around”  

– Atticus Finch 

Many questions may arise when we say can prostitution be classified as work i.e. a way of employment for someone. Especially when talked in context of Article 19 (1) (g) which states that everyone has a right to practice any profession or carry out any occupation or trade. Its scope is limited by clause (6) of the same section. It does not mean that anything that is considered to be illegal in the eyes of law or any such recruitment for any job can be done by the government. Also, it restricts the state to create any such impartial ease of business for any particular business by means of passing any order. Therefore, fundamental right to carry out any profession is given to the people but for any unlawful act it can’t be justified. This is what the Indian Constitution provides, now the question is whether prostitution is unlawful or just immoral from the point of view of the more privileged section of the society. Because for the oppressed and the poor population it is also a means to earn their daily bread. 

Now if we look at the Directive principles of state policy i.e. given in Part IV of the Indian Constitution referring to Article 41, it states that the government has to eventually provide everyone who is jobless with a means of employment to at least get a minimum living wage. A securement of full-fledged ‘Right to Work’ as stated under Article 41 by the framers of constitutioni. Now this is something which is limited by various conditions i.e. one has to see the economic capacity of the country and also the social stability. But these are just guidelines for the centre, the state and the local bodies to formulate such policies which are socioeconomically viable for the people of the country.  

If we see Article 19 clause 1 sub-clause g it states that anyone can carry out any profession which is not illegal or supported by an unlawful act, then we have Article 41 which states that government should focus on providing jobs to all for the upliftment of the society and betterment of people. Then we have Article 21 which is a fundamental right that states that everyone has right to life and livelihood. Also, in the case Olga Tellis v. Bombay Municipal Corporation 1985 Supreme Court stated that under the ambit of Article 21 right to livelihood will also come. Therefore, read together deprivation of right to work means deprivation of right to life as there will be no means to earn a livelihood. So, if a woman chooses prostitution as her profession in order to pay her rents and liabilities which comes under livelihood then why to question or try to eradicate their means of right to life.