Overview: Laws related to Prostitution in different Jurisdictions

Prostitution is one of the oldest professions of the world. The world order seems divided on the controversial topic of legalisation of prostitution with some countries recognising it as a fair profession while others being strongly against it. There have been arguments that many of the sex workers turn to be so on their own accord and by their own personal choice but according to the previously established grounds of morality, it creates a bit of confusion.

Prostitution laws around the world-

INDIA-

There are around 3 million sex workers in India according to recent statistics. According to Immoral Traffic (Prevention) Act, 1986. The act of prostitution has a criminal sanction with an imprisonment of about 6 months with fine. The clients who avail these services can be imprisoned for about 3 months. People who run these businesses such as brothels will be liable for an imprisonment for 3 years and if they keep workers forcibly and against their wish then the person will be liable for at least 7 years.

USA-

The act of prostitution is illegal in most parts of the USA except in the state of Nevada where the brothels are licensed. In most of the states in the USA, the promotion of prostitution of any kind is illegal by itself with a criminal sanction resulting in prison sentences as well as fines. Human trafficking or making a person do it against the will has serious consequences and is also treated as a federal offence by the state.

CANADA-

Prostitution in Canada is not against the law. In one of the judgements by the highest court of law in Canada, the criminal sanction to the act of prostitution was seen in violation of the right to life, liberty and security of the people. This has enabled the workers to get a safer work environment as it is now recognised by the state.

UNITED KINGDOM-

The law regulating prostitution in the U.K. is a bit confusing. The act of prostitution is not against the law but the act of promoting prostitution is against the law and is illegal. Similarly, running a brothel, human trafficking etc. is also deemed to be illegal with criminal sanctions upon them if found guilty of the same.

NETHERLANDS-

Prostitution was legalised in the Netherlands in 1800s itself but it wasn’t recognised as legal profession till as late as 1980s. Here, the prostitutes are treated as regulated as well as licensed workers. Under the labour law, the brothels are governed with respect to rights of all the sex workers as well as to safeguard the rights of the sex workers. Any and all forms of human trafficking, child exploitation as well as making anyone work without consent is deemed to be illegal and amounts to criminal sanctions for such offences.

GERMANY-

The act of prostitution is legal in Germany where sex workers are treated as equals as they pay taxes on their income as well as they charge the VAT (Value Added Tax) on the service that they provide. The brothels are also legal and comes within the legal bounds, though no license id required to run a brothel in Germany.

FRANCE-

The law governing prostitution in France is the same as in Canada. The act of prostitution is not illegal but the acts corresponding to it are deemed to be illegal. Brothels are against public policy and is deemed to be illegal and so is the solicitation of services by a sex worker in public places. Similarly, the procurement of services by a person who has not achieved the age of majority is also illegal. Though, the sex workers are required to pay taxes.

GREECE-

The act of prostitution is legal but it is required that person giving services should be above the age of 21 years, be registered with the authorities and having mandatory health check-ups every 2 weeks. Human trafficking and child exploitation for the purposes of prostitution is illegal and also has serious criminal charges.

MEXICO-

The act of prostitution in itself is legal in Mexico but it requires the worker to be above 18 years of age which is the age of majority and the states shall regulate such industry. The ownership of brothels is illegal in the country. Though sex trafficking as well as child exploitation is rampant in the country, but for the purposes of the law of the state it has been declared illegal.

[The author, Rishi Nandy is a 2nd year law student at Vivekananda Institute of Professional Studies, GGSIPU]

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