Decriminalisation: The way forward for sex workers in India—Part 2

Read Part 1 here.

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 2, we concentrate on decriminalisation of sex work.

Understanding decriminalisation

Decriminalisation refers to the removal of all laws that criminalise sex work, effectively repealing any provisions that make sex work illegal. A distinction is made between (i) voluntary sex work and (ii) sex work that involves force, coercion, or child prostitution, with the latter remaining criminal.

In a decriminalised framework, no specific regulations are imposed by the State on sex work; instead, the industry is governed by existing laws. Sex work is recognised as a legitimate business, subject to standard employment and health regulations, as well as local council business and planning controls.

Sex workers have the same rights and responsibilities as other workers, such as paying taxes. While legalisation aims to protect social order, decriminalisation focuses on safeguarding the rights of sex workers, and improving their health, safety and working conditions.

Understanding decriminalisation of sex work: A global perspective

Belgium

In Belgium, a reform of sexual criminal law was approved on March 18, 2022, with 70 members of Parliament voting in favour, 41 abstaining, and four voting against. This reform marked the end of a longstanding policy of tolerance that had denied sex workers their fundamental rights and allowed for exploitation. The law came into effect on June 1, 2022, decriminalising sex work.