Sex Work Is Legal in India? The Truth Will Shock You!
New Delhi – Prostitution in India exists in a complex legal landscape, where the act itself is not illegal, yet much of the surrounding activity is criminalized. While adult consensual sex work conducted privately remains legal under Indian law, a wide range of associated acts—such as running brothels, public solicitation, and living off the earnings of sex work—are considered criminal offenses under the Immoral Traffic (Prevention) Act (ITPA), 1956.
The Supreme Court of India has, over the years, made it clear that adult sex workers are entitled to dignity, privacy, and equal protection under the law. In a landmark 2022 ruling, the Court reaffirmed that voluntary sex work is not a crime and that law enforcement agencies should refrain from harassing or arresting sex workers who operate independently and without coercion.
However, the legal system continues to draw a strict line between private sex work and organized or public prostitution. The ITPA makes it a punishable offense to run or manage a brothel, solicit customers in public places, or reside off a sex worker’s earnings. Additionally, prostitution is prohibited within 200 meters of public institutions such as schools, hospitals, and temples.
Child prostitution and human trafficking are treated as serious crimes under various provisions of the Indian Penal Code, carrying severe penalties. Sections 370 and 370A of the IPC deal with trafficking, while Sections 372 and 373 specifically target the exploitation of minors.
Despite legal recognition of private sex work, many workers face constant harassment due to ambiguous enforcement and social stigma. Activists and legal experts argue that the current laws push the trade underground, making sex workers more vulnerable to abuse, health risks, and human trafficking.
Organizations like the Durbar Mahila Samanwaya Committee in Kolkata have been working to unionize sex workers and demand full recognition of their rights. Meanwhile, legislative attempts to amend the ITPA to reflect a more reformative approach have been slow-moving.
In a country where morality, legality, and tradition often collide, the debate over legalizing and regulating prostitution continues. While the judiciary has shown signs of progress, comprehensive reform is still required to protect sex workers and ensure their access to health care, safety, and justice.
