On 9 December 2009 the Supreme Court asked the Centre about legalising the prostitution.
â€œWhen you say it is the worldâ€™s oldest profession and when you are not able to curb it by laws, why donâ€™t you legalise it? You can then monitor the trade, rehabilitate and provide of medical aid to those involved in the trade.
They 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 donâ€™t you legalise it?â€ Justice Dalveer Bhandari and Justice A. K. Patnaik asked Solicitor General Gopal Subramaniam. Gopal Subramaniam said he would look into it.
Legalisation of a crime because it can not be curbed by law is wrong. Many crimes take place. If the principle is extended it means murder, rape, kidnapping, abduction, drug trafficking, human trafficking, stealing, cheating, forgery and every other crime has to be legalised. Better implementation of the law is the answer. Passing a law or existence of a law is inadequate to curb a crime. In case of prostitution women are punished, men are not punished. If men who go to prostitutes are punished prostitution will come down.
Punishment for prostitution has to be 10 years imprisonment minimum. When both men and women guilty of prostitution spend at least 10 years in jail prostitution will disappear. For immoral trafficking there should be death penalty.
If criminals get sophisticated law enforcers also should get sophisticated. Throwing up hands in despair is not the answer.
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