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Male-Prostitution in India: A Perspective towards "Lawlessness"

Aug. 24, 2020   •   Madri Chandak

Profile of the Author: Arpita Prakash is a 2nd year Law student pursuing B.A. LL.B (Hons) from University Law College, Gauhati University.

Introduction

Historically, prostitution is the oldest and ancient profession. It is also mentioned in ancient texts and mythology. In Indian mythology, high-class prostitution is in the form of celestial demigods acting as prostitutes and referred to as Menaka, Rambha, Urvashi, and Thilothamma. They are the perfect embodiments of feminine charms, highly accomplished in music and dance.

So when did the oldest profession, which holds an honourable place in mythology and ancient texts became an embarrassment that no one wants to talk about?

Who is a Gigolo?

A gigolo or male escort is a man living off the earnings or gifts of a woman, especially a younger man supported by an older woman in return for his sexual attention and companionship.

The gigolo is expected to provide companionship to serve as a consistent escort with good manners and social skills and often to serve as a dancing partner as required by the woman in exchange for the support. Many gifts such as expensive clothing and automobile to drive may be lavished upon him. The relationship may include sexual services as well and he also can be referred to as “kept man”.

Crimes related to Gigolo

Crimes like online fraud, mental abuse, and physical abuse are faced by gigolos daily but most of these crimes go unreported due to the embarrassment that the gigolo may have to face. The most alarming crime in this profession is online fraud or fake gigolo job offers.

In a recent case from Bangalore, a software professional driven by job security began looking for alternative career options and ended up losing over Rs. 80,000 to fraudsters after being lured by an online advertisement of an escort service agency. After promising a job as a male escort or a gigolo, the fraudsters extracted money from the techie on the pretext of registering him and membership charges. [1]

Another case reported in Mumbai, where a 23-year-old hotel management graduate was duped of Rs 3.77 lakh after signing up on a dubious dating website. The victim was looking for a job online when the website popped up. He was cheated after he agreed to work as a gigolo. [2]

The aforementioned cases are just the reported ones; there are several cases of abuse and fraud that go unreported even though being a gigolo in India is not illegal. Either societal embarrassment or lack of proper laws stop them from reporting the matter.

Laws related to prostitution in India

There are laws related to prostitution in general but no provision recognizes gigolos or male prostitutes.

Some laws related to prostitution in India are:

  • Suppression of Immoral Traffic in Women and Girl Act, 1956 (SITA)
  • Prevention of Immoral Traffic Act, 1956 (PITA)
  • Immoral Traffic (Prevention) Act, 1956 (ITPA)

In the of Gaurav Jain v Union of India [(1997) 8 SCC 114; AIR 1997 SC 3021], the Supreme Court held that the children of prostitutes have the right to equality of opportunity, dignity, care, protection, and rehabilitation so is to be part of the mainstream of social life freely. [3]

The aforementioned laws mostly recognize children and women. There are no specific laws for gigolos. Prostitution is not explicitly illegal, though considered to be unethical by the court.

Conclusion

People carry two faces, one to show to the society and another is the real one. Customers of prostitutes are the ones that publicly call this profession “the dirt of society”. Be it in the name of Devadasi, mukhi, jogini, or mathangi, this profession, which held a place of honour and essential during prayers is now looked down upon. Prostitution is considered a female business not just in India but in most of the places around the world. Male prostitute or gigolo is not a new phenomenon in India; it existed even in ancient times though not as common as female prostitution. Legalizing prostitution and enacting laws are tiny steps that can be taken by the central government in moving forward, but not recognizing gigolos and no laws for them is a step backwards.

Male prostitutes suffer from mental, physical, and sexual abuse on a daily basis and they continue to suffer due to lack of proper laws and embarrassment they might have to face if they come out publicly as a gigolo. Changing mindset is a long process and does not happen overnight but the least government can do to minimize their sufferings is to implement proper laws for the gigolos.

Disclaimer: This article is an original submission of the Author. Niti Manthan does not hold any liability arising out of this article. Kindly refer to our Terms of use or write to us in case of any concerns.


FAQs

Q. What is the concept of "fairies"?

Ans. During the Depression, around 1932, so many men took to prostitution that the “straight-acting” hustler became the new norm on more popular strolls (also walked by down-and-out soldiers), pushing out the effeminate streetwalkers known as “fairies.”

References

[1] https://www.timesnownews.com/mirror-now/crime/article/techie-plans-to-offer-sex-services-amid-job-insecurity-loses-rs-83500-to-crooks-for-registration-as-gigolo/622218

[2] https://www.freepressjournal.in/mumbai/mumbai-crime-23-year-old-duped-of-rs-377-lakh-after-agreeing-to-work-as-a-gigolo

[3] https://indiankanoon.org/doc/40881001/


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