Organized prostitution is illegal in India. However, the sale of one’s own sexual act to a customer by an adult of his or her volition in private premises in not illegal and hence not punishable as per Indian law. Technically, the law does not allow anyone to take disadvantage of the helplessness and vulnerability of a person and accordingly makes brothel keeping, procuring persons for prostitution, living on the earning of another person’s prostitution and giving one’s premises for the business of prostitution illegal. However, the issue of “free will” and voluntary submission is subject to scrutiny and the occurrence of enforcement is sparse.
Law enforcement is problematic for several reasons. First, high rates of corruption perpetuate organized sex work and human rights violations. Second, India possesses two forms of institutionalized prostitution: centralized districts where the workers service clients onsite and decentralized and informal forms where the women in prostitution service clients in a dispersed and covert fashion. In the latter case, identifying the children of women in prostitution becomes speculative and difficult because the occupation of their mothers is not easily apparent.
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