Voluntary Prostitution is Legal, Sex Workers cannot be Arrested during Police Raids

Berhampur: Recently Berhampur police busted a flesh trade racket continuing in a guest house at Tata Benz Square of the city. Twelve persons including customers and the racket operators were arrested. But three sex workers rescued from the spot did not face any legal action. They were sent to a correctional home. According to sources, these women would be handed over to their families following recording of their statements before the magistrate.

It’s legal:

Many have this question in mind, why didn’t the police arrest these women? The answer may be shocking for those, who have not kept track of legal matters in the country. As per the law prostitution by consenting sex workers is not illegal in India. In May 2022, the Supreme Court in a judgement clearly stated that sex work is a profession like any other, and sex workers should not be harassed by police.

The apex court had further clarified that when it is clear that the sex worker is an adult and is participating with consent, the police must refrain from interfering or taking criminal action.

Correct Police Action:

Although prostitution is not illegal in India, yet using sex work as an organised trade which involves pimping, soliciting, exploitation, and renting out property for sex work are all punishable under the Indian Penal Code (IPC) and Immoral Trafficking Prevention Act (ITPA). Abiding by the law of the land, Berhampur police during the raid on the guest house, where the flesh trade was continuing, had arrested persons other than the sex workers for legal action. The 12 arrested persons included the racket kingpin, marketing agents of the racket as well as the customers.