Author: Garima Jargar, III year of B.A.LL.B (Hons.) from Maharashtra National Law University, Nagpur
Disparities, as well as ill-treatment within the population, play a crucial role to provide as well as grant equal protection to the people living in and around the environment. To provide all the basic needs and necessities, education should be also put on the preference list. This is been a hypothetical examined that there is no discrimination based on education or employment in a country like India, but the bitter truth about the scenario is whichever sector there is any type of opportunity-segregation and partiality exist. However, India is considered the most diverse country in the world but this also led to many deep stratified and massive forms of disparities among people. Immense density also leads to a more complex and complicated system for enhancing certain guidelines for the achievement of a defined goal. As a developing country every law should be dynamic as well as effective on the communities of the society, as the implementation and execution part should be flexible so that only every person will get an equal chance.
As per all the recent programs and schemes which were elaborated by the government and further it was stated that every individual whether poor or weaker section, will be provided with the minimum education till the primary schooling or sometimes even more. Many teenagers [irrespective of gender] turn to be in the profession of the brothel to raise and earn more money for themselves and for their families to deal with the financial debts. Society considers the causes of landing in the field of prostitution as – bad behaviour, genetics (inherited), social ethics as well as customs, inability within the perspectives of arranging marriages, unwanted or early marriage having an impact of desertion can also lead to recreational facilities in negative terms and ignorance from the society in every social norm which causes lack of awareness related to sex education. Some of the girls are tricked to enter the trade upholding a promise of a lump sum amount of finances to cope up with the poverty level, but prostitution is also been considered as the main source of destruction towards the marital problems.
Upliftment regarding the position and Amendments by Legislature
There are many amendments for the welfare and growth of children and women as this particular proportion of the community has been considered as the strength of the whole society, but the main goal is still not satisfied and complete. Illegal acts are openly considered though forced to follow to practice their trade and cannot solicit term the clients or the customers which are proximate to punishment in the public area. Society as a whole consists of many classes of people, through which the legislature has differentiated the laws and regulations accordingly. If the government takes the initiative for the betterment of the public interest then society's beliefs and customs sometimes make people lacking behind the defined expectations. The weakest and most segregated fragment which is mostly termed as the scattered part of the economy is – Prostitutes. According to the Prevention of Immoral Traffic Act, 1987- the definition specifies prostitution as “Abusing of people as well as Sexual exploitation to perform the commercial purpose. The law is silent and misty when it comes to the solving subject matter of prostitution or any working of sex labours, but after 1956, the law execution and various type of amendments have claimed the status and legal entity of the sex workers will be headed under the Suppression Immoral Traffic Act [SITA]. This particular group of the individual should also possess the same level of education that a normal person gets but due to biases and regulations of the society they were not allowed and able to achieve the minimal education.
Historical &Contemporary Development related to Brothel within the Territory: Provocations of acts, Infringement of rights, and Educational Policies
The history of schemes and programs for the achievement of the defined target related to women and children fully emphasised the coequality [Education and Welfare] of an individual. If there is an analytical study of primary education throughout the world it is always seen as some part of the economy are still facing a pinch of segregation as within the guidelines of the societal norms restrict their liberty. Few people know about the disclosure of the India-Nepal border is the biggest and one of the longest corridors for brothel communities. With the outside world vast majority of victims are been subjected to perform to be forced sex labour or prostitute for their living, every year more than ten thousand children, as well as women, are trafficked within upholding the main agenda in de facto slavery. As mentioned in the scriptures of the Indian mythology – any ideology which is practised for a longer tenure of the period even older than all the referred profession and when there was the origination of organized society then as a position and respect within the society it should be said as devoted divinities. For the identification, it is really difficult to enumerate as all the elements often have controversy towards the roots penetrated deep in the fabric of the organized society.
There are many conducive factors of prostitution such as the Abduction of young teens, devadasi system performed within a progressive society, and some people continue after marriage which immensely affect the mental as well as the emotional sight of the women and children. To enhance the education system many enforcements have been made within the framework of the Constitution but further, no initiative was taken for the upliftment. Victimization, mishandling & improper investigation, tampering with the evidence, insensitivity towards the priority, and harassment daily – these are the few factors that are lacking behind programs as well as the mentality of the people. During the past decades and before independence, India was known for the diversity of people as “one unit” and the achievement of the defined goal. As one thing which is applicable and can be used as vast is education which should be mandatorily available to every citizen of all the community, for this the suggestion can be lie down as – Rehabilitation, Synergy, and prevention from the selling of women. In India, prostitution is legal and accept as a part of society because it is inevitable and the people get benefited from their use. If the demand is legal and recognition is considered as an economic activity then the individual who has poured within these specific professions should be treated with respect and dignity, however, this particular reference can only be possible when they will get an equal opportunity by getting an education for the means to set up their odds.
Ostracized within the social arena and due to a plethora of lacking the development of children as well, women can be termed as the adversely affected section of the marginalized community. The vulnerability, as well as negligence towards the security and betterment of the conscience of people, can cost many denials of the facts in which the societal stigma as per the specified outcome will be headed under the exacerbating situation within the lives of people. The economy has strengthened intending to build up the resources and reinforces the vicious cycle to disallow the vast level of mobility among the people of the society by avoiding the dangerous profession which can cause severe and long-term damage to the general public. The problem of the scale remains initiated precisely by the government, despite having wide and large simplistic programs to help the children as well as women to not indulge in the sections of the brothel. There cannot be a permanent solution or any sort of prevention from the acts but within the circumstances, there can be many possible solutions related to the complexity of the profession such as – avoidance and preventions of newcomers or incumbents from restricting the entering into the brothel, rehabilitation or provide the women who are already in the stream of prostitution, and free of counselling as well as guiding education. Lastly, the analysis of the study is that prostitution cannot be criminalized, decriminalized, or legalized within the boundary of the territory and though the culture is all about to get an identity. There is no specific remedy for the action, but if the people in the society behave properly towards the women, men, and transgender by providing them with the necessities which are considered for survival and upliftment then it should be given in enough quantity. The most feasible and primary element which joins all the fragments of the society and balances the stability of the economy is – Education, through which an individual can differentiate between right doings and wrongful acts.
Studying in the 3rd year of graduation in MNLU, Nagpur I Miss Garima Jargar is having knowledge and a keen interest in writing Articles, Blogs, and Research Papers. My future preference is having a base of corporate legal field or foundation studying about the social aspect and I am also happy to work under the field of research. Surprisingly as a student of 3rd year, I have published around 26 research work and would like to publish more till the end of my graduation as well as more in my entire life. My strengths include I am thoughtful, hardworking, have a focused approach, self-motivated, a leader, and naturally a writer. Lastly, the future aspects of my career are that I want to become a research associate or want to do an intense research part in the incorporation or legal sector.