Decriminalisation: The way forward for sex workers in India—Part 1

WITH Belgium granting sex workers parity in labour rights, it prompts us to reconsider the future of sex work in the Indian context. While the idea of legalising sex work is frequently debated in Indian academia, we often overlook that legalisation is not the ultimate goal for sex workers in India.

Decriminalisation remains the only viable solution, especially in a country like India. Many intellectuals argue that decriminalisation is merely a preliminary step leading to legalisation. However, such perspectives often fail to account for the complex realities and challenges faced by sex workers on the ground.

This two-part series traces the legalisation and decriminalisation of sex work around the world and the legal and social issues thereof. In Part 1, we concentrate on legalisation of sex work.

What does legalisation of sex work mean?

At first glance, the concept might seem too progressive for a country with a rigid framework. However, the underlying assumption is that the State perceives sex work as inherently problematic, necessitating regulation through laws.

Legalisation often involves zoning restrictions for sex work, issuing exclusive sex worker identification cards, mandatory periodic health testing and periodic renewal of licences. Licences are often managed by police and the judiciary, elected municipal authorities, or independent specialist boards.

Businesses or workers without the necessary permits are subject to criminal penalties. It also includes limits on the number of sex work establishments and restrictions on advertising, reflecting a controlled and monitored approach rather than genuine acceptance.

Understanding legalisation of sex work: A global perspective

Queensland, Australia

Selling sex is legal under restrictive conditions in Queensland, Australia, such as working independently as a private worker (without sharing premises) or in a licenced brothel, while all other forms, including street-based sex work, are illegal.

Buying sex is not criminalised, but brothels must be licenced and comply with strict regulations. Workers in licenced brothels have a legal duty to be sexually transmitted infection (STI)-free, effectively creating mandatory testing every three months. There is no mandatory registration for sex workers, but regulations are considered overly restrictive, preventing alignment with other industries. Full decriminalisation has not been achieved.