Policing Prostitution in India: An Examination of Field Experiences at Mumbai

Abstract

India's response to prostitution and sex-trafficking has been Tolerationist following the UN Convention for the Suppression of Immoral Traffic in Persons and the Exploitation of the Prostitution of Others. The purpose behind passing Immoral Traffic Prevention Act, 1956 after the signing of this Convention was to criminalize the exploitation for prostitution and the rehabilitation of those forced into prostitution (Lok Sabha Debates). While the misuse of this Act along with the Police Acts to arrest women soliciting on the streets has been previously documented, this paper draws attention to the cases by the police where they abuse the power this law gives them to simply remove prostitutes from public view without even intending to initiate their rehabilitation. This paper, argues for primacy to be given to the rights of the prostituted, the need to amend the law and also for prostitution and sex trafficking to not be seen as a law and order problem but to understand it in the larger social context as an interplay of various root causes that need to be tackled.