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R.R. KRISHNAA (Legal Manager)     10 December 2009

SC says "Legalise Prostitution"

Legalise prostitutionif you can’t curb itSC asks Govt

New Delhi: In significant remarks, the Supreme Court on Wednesday asked the Centre whether it can legalise prostitution if it is not practically possible to curb the world's oldest profession with punitive measures.

"When you say it is the world's oldest profession and when you are not able to curb it by laws, why don't you legalise it? You can then monitor the trade, rehabilitate and provide of medical aid to those involved in the trade," a bench of Justices Dalveer Bhandari and A K Patnaik told Solicitor General Gopal Subramaniam.

The apex court said legalising s*x trade would be a better option to avoid trafficking of women and said nowhere in the world has the trade been curbed by punitive measures.

"They (s*x trade) have been operating in one way or the other and nowhere in the world have they been able to curb it by legislation. In some cases, they are carried out in a sophisticated manner. So why don't you legalise it?" the apex court said, to which the Solicitor General said he would look into it.

The apex court's remarks came while dealing with a PIL filed by an NGO Bachpan Bachao Andolan and the intervention application moved by Childline complaining about largescale child trafficking in the country.

The apex court also wondered why 37 per cent of the country's population continues to reel under below poverty line at a time when then there is much talk of growing GDP rate in the country.

The bench said child trafficking and s*x trade were flourishing because of poverty which needs to be tackled. "We are taking about growing GDP. I do not know what is the development we are all talking about when the number of BPL families is at 37 per cent which has increased from 30 per cent.

"Growth of GDP does not mean some four or five families have developed. If this is the state of development, we can't help it," the bench said while posting the matter for further hearing to January 5.

The contention of the petitioner is that a number of minor children, particularly girls and those of tender age, are being pushed into s*x trade.

Childline counsel Nandita Rao alleged several minor girls are being s*xually exploited by circus owners and there has to be adequate legal framework to prevent such exploitation.

Responding to her suggestion, the Solicitor General told the bench that government was contemplating a legislation to declare circus as a "hazardous industry" to prevent abuse of child labourers.

 

Source: www.zeenews.com

 

 



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 20 Replies

N.K.Assumi (Advocate)     10 December 2009

Why only Prostitution even Corruption should be legalised.

Daksh (Student)     10 December 2009

Dear KrishnaLegal,

Kudos for bringing on fore the topic of the day and the observation by the Apex Court.  All said and done at the most it is only a suggestion of anguished judges.  Our laws are prevalent norms in the society the point is if the society cannot be changed by punitive measures then one has to resort to mild choices.  It is the end which justifies the mean hope the Legislature also empathises with the observation of the Apex Court, but for that "SINCERE WILL" has to be there not the greed to garner the possible vote bank. 

Thanks and best regards

Daksh

Anish goyal (Advocate)     10 December 2009

Nice suggestion ASSUMI SIR. Then i think whole of the IPC should be scraped. Ha ha ha just kidding. I think SC has asked the government in right way. That if it can't stop it why not to legalise it. prostituts are firstly exploited by our society then by police. And most of them are forced to enter into this profession.

Rajan Salvi (Lawyer)     10 December 2009

If prostitution is legalised, the women folk have a lot to fear. Women would be looked at as a commodity and there will be a mad rush to increase the influx of girl/ women in the profession. The effect on social fabric/institution of marriage will be devastating. Once branded there would be no chance of coming back as the women would be branded for life. Plus point is there will be reduced police harrasment/due to licensing - the unfortunate women could come under one roof to fight for thier rights. Legalising leads to other problems , like if earning from it is income , whether it is tax free or government will accept it .

N.K.Assumi (Advocate)     10 December 2009

Exactly Anil? Supreme Court has already started signaling the failure of the systems! Scrapped all the laws and closed down the Judiciary too, why fool the masses in the name of Laws, with laws being taken advantage by few fortunate people only, and law being utilized as a machine of oppression against those unfortunate people. Enough is enough.

aman kumar (SUPERVISER)     10 December 2009

IT"S NOT A REAL IDIA GIVEN BY APEX COUT , HOW IT COULD BE MANEGE ? MANY COUNTRY LEGALISE PROSTITUTION BUT IN THESE COUNTRY SOCITY IS SO DEVELOPED @ IN INDIA PROSTITUTION MAINLY DUE TO POORNESS

Navin Arya (Administrative Head)     10 December 2009

Agree with Assumi Sir

Prodyut Banerjee (Advocate (Corporate Lawyer))     10 December 2009

It is a contemporary idea and hard to digest .People like us are normally very sceptical about any path breaking idea but if we are a bit flexible and think in dept it is indeed a practical idea to tackle flesh trading. In fact it is legalised in many developed countries and they are getting benifit. Initially there was also hue and cry on this matter in the developed countries but ultimately they have understood that legalisation of it is better than the worst. The Government should seriously think to legalise it to have proper control and I am sure by this way the volume of this trade will certainly decrease. Presently it is only a tool for Police and local goons to earn money. Any way legalisation of prostitution is no way comparable to legalisation of corruption.


(Guest)

I don't think so comming days no person in India appreciate these Three Mahatma Gandhi Judges.

The day will come. Why they are not trying with one of their own family member to step in legally if it well and good with income advise own poor families to do.

Indians are well respected in the world about our tradition and behaviour with females.

Irrespective Hindus, Muslims, Sikh and Christians.

Only Ugly Americans and Australians they behave very big but look into there family problems it is worst.

You take French President's wife or The Great United Kingdom's Royal family we don't want like them.

All Indians are very happy. Few monkeys they behave what they are doing is great.

A simple example if our Three Well educated persons in Judiciary can do this once they can play with Indian Judiciary.

For this New Year 2010 Three Judges full family females wear Panties and Bras, And male only under wear. Enjoy couple of hours in any Indian beaches. Before doing please give a statement we are going to do this so and so time. 

Please respect Judiciary and respect Indian Women and there feelins.

Any Indian women they don't sell there body for sake of money my LORD.

 

1 Like

Prodyut Banerjee (Advocate (Corporate Lawyer))     10 December 2009

Mr. Mohandas Karamchand Gandhy - This is a professional forum and the dignity of the same should be maintained. The language and the attitude of you toward the Judiciary and the other professional/s who have a difference of opinion from yours is not suitable in this forum and shows a bad taste and culture . Off course you have a right to differ but it must be in a decent way. See the postings of the others who also have a difference of opinion but have expressed in a proper way. I would request the moderator to remove this post immediately.

If you still want to continue with such language please do it in some other forum (if any) which might have the same taste.

By the way are you a lawyer by practice as I can't even dream of such posting from any lawyer.

1 Like

Bhartiya No. 1 (Nationalist)     11 December 2009

Agree with Assumi Sir


(Guest)

I am well respected Citizen of this Country. I am not a Lawyer or a lier.

What I told is 100% correct.

Please first advice and request the Moderator to correct the simple sentence INTERACTIVE PLATFORM FOR LAWYERS ONLY.

AND FURTHER  REQUEST   PLEASE  REMOVE  THE   WORD   

 INDIAN   PUBLIC

WE   RESPECT  OUR  LADIES FIRST  LATER  WE   RESPECT OUR CIVIL  SOCIETY.  


(Guest)

DIRECTLY I CAN EXPRESS MY PERSONAL VIEW TO OUR PRESIDENT MRS. PATIL OUR WELL EDUCATED AND WELL RESPECTED SUPREME COURT JUDGES ARE TRYING TO CHANGE OUR RESPECTED CULTURE IN THE WORLD.

AND I WILL GIVE THIS COPY TO HER TOO.

IT IS BETTER ALL ILLEGAL THINGS BETTER TO LEGALISE IN INDIA THEN NO MORE COMPLAINTS, CASES AND PROBLEMS IN INDIA.

I APPRECIATE THE REAL CULTURE OF LITTLE KNOWDEDGE.  


(Guest)

Since immoral times India has its own greatness. India tought world culture. We have our own culture and traditional values. Prostitution is also one of the oldest profession. But in recent times some rich and some educated people of our country are trying to adopt western culture and trying to inject in india. No woman in our country like prostitution due to financial crisis or some other reasons forced into prostitution. Now a days school going girls' s*x is also exploiting. where the system is going wrong? With people or with Government or with police or with unemployment ?

If protitution is legalised our country will loose its greatness which have been protecting india for the last 3000 years or more.

No woman will appreciate.

1 Like

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