Prostitution (or sex work), a taboo subject, was recently introduced into parlor conversations by the Bollywood film Gangubai Kathiawadi (directed by Sanjay Leela Bhansali, based on the life of Gangubai Harjivandas, an acclaimed social activist from Kamatipura). The question the film successfully raised was: why isn`t sex work considered another type of work? In the Indian context, prostitution is not explicitly illegal, although it is declared unethical by the court, certain acts that facilitate prostitution are considered illegal and acts such as running a brothel, subsisting on money raised through prostitution, recruiting or inciting a person to prostitution, trafficking in children and women for prostitution, etc. are explicitly made illegal by the Prevention of Immoral Trafficking Act 1956 (ITPA). For example, sex racketeering is illegal, but private prostitution or receiving compensation in exchange for consensual sex without prior request may not be illegal. The right to life enshrined in article 21 also applies to the prostitute. This was stated in the case of Budhadev Karmaskar v. the State of West Bengal[4]. It states that sex workers are human beings and that no one has the right to attack or murder them, because they also have the right to live. The decision also highlighted the plight of sex workers and understands that these women are forced into prostitution not for pleasure but because of abject poverty, and called on central and state governments to open rehabilitation centers and teach technical and vocational skills such as sewing so that they can obtain alternative livelihoods. In accordance with this instruction, the Immoral Traffic Prevention Act included section 21 as a rule allowing state governments to establish and maintain shelters, and these should be governed by licences issued by them. A competent authority should be designated to investigate the application for authorisation for refuges. These licenses are non-transferable and are valid only for the specified period. The Government has the power to make ancillary rules respecting the licensing, administration and maintenance of shelters or ancillary matters in accordance with section 23 of the Act.

Prostitution is considered taboo in India and is not openly discussed and is an often frowned upon topic. However, it poses a great threat to the fabric of Indian society as it weakens the institution of marriage, sexually transmitted diseases, abduction of girls, isolation of prostitutes from society, physical and psychological trauma, etc. There are reportedly about 38,000 sex workers in Delhi. The situation in Mumbai is more depressing. This creates an emerging need to control prostitution. [4] Available at indiankanoon.org/doc/1302025/ Private prostitution is not illegal in India, but promoting it, doing it publicly and owning a brothel is illegal.