STATE:

The decriminalization of this profession foresee many tangible benefits, including the prospect of
receiving bank loans, having no difficulty renting a flat or getting a credit card. So like, I am not
going to be there (in the industry) for a long time. If I get money, I will go back to school but like
if it is legalised, then I will like be labelled by people as a prostitute, they will know that I am
prostitute. Even if I leave the industry, they will know, they will call me marhohsa [whore]
(Interview) 1

The principle of constitutional unworthiness is that certain kind of rights are so morally repugnant that
they are not entitled to constitutional protection at all. The effect of the principle of constitutional
unworthiness has a devastating effect. It narrows the scope of fundamental right. It takes out certain
claims from the protection of the constitution at the threshold, and since it is rejected at the threshold,
such right is not even tested for reasonableness. He referred to the case of Krishna Kumar Narula v. The
State of Jammu and Kashmir and Ors. MANU/SC/0034/1967 : [1967]3SCR50 in which this Court refused
to accept the broad argument.

In the notes of Harvard Law Review 2012, the article was published under the caption "Counteracting
the Bias: The Department of Labour's Unique Opportunity to Combat Human Trafficking". The opening
portion of the note and the conclusion reads as under:- In the 1990s, human trafficking received
increased attention both

internationally and in the United States. With the passage of the Trafficking

Victims Protection Act of 2000 (TVPA), Congress committed the United States

to attacking human trafficking on three fronts: prosecuting violators,

protecting victims, and preventing trafficking. The TVPA prohibits "severe

forms of trafficking in persons," of which it designates two types: "sex

trafficking in which a commercial sex act is induced by force, fraud, or

coercion" and labor trafficking, which involves "the recruitment, harboring,

transportation, provision, or obtaining of a person for labor or services,

through the use of force, fraud, or coercion for the purpose of subjection to

involuntary servitude, peonage, debt bondage, or slavery." Under the TVPA,

three federal agencies have domestic antitrafficking responsibilities in all

three primary areas (prosecution, protection, and prevention): the Department of Homeland Security
(DHS), the Department of Justice (DOJ), and the Department of Labor (DOL).
1
https://www.jstor.org/stable/4066047 , Race, Class and Sex: The Politics of the Decriminalisation of Sex Work.
NGOS:

They worry that decriminalization will expose their profession to friends and family members and that
young girls will enter the profession. There are also concerns that regulation will will give license to the
authorities to harass them more than they presently do. 2

An examination of countries which have 'decriminalised' or legalised sex work indicates a certainpattern:
decriminalization or legalisation often means tolerance for brothels, but it never entails tolerance for
streetwalkers in all areas or for brothels in certain parts of the city (such as next to schools, churches or
in residential areas).Moreover, the hopes of northern suburbs sex workers for legislative reform have
notmaterialised in countries that have enacted liberal changes, including the Netherlands, Australia,
Germany, Costa Rica, Greece and the United States (US) (Nevada) (Delacoste and Alexander, 1987). In
other words, 'decriminalisation' has not meant that women get access to medical aids, pension funds or
credit lines. Feminist scholars have often noted that black, 'disempowered'7 women's perceptions
reflect more clear power relationships and social inequalities. It is crucial for South Africa's debates
concerning sex work to bear.3

Fear of exposure Sex workers in Hillbrow, Berea and Joubert Park raised a number fears concerning the
possibility of the decriminalisation of sex work. The most pervasive fear includes the notion that they
will be exposed through registration programmes or simply by the very process of sex work being
legalised. These sex workers may not self-identify as sex workers (but view themselves as being marginal
or temporary sex workers). They see this as an issue for other women who may identify more strongly as
sex workers. The following quotes demonstrate some of the fears of exposure that these women face:
No we don't want decriminalisation. We don't want to be registered. We don't want people to know
that we do this. My parents don't know. It may be okay or useful for people who want to stay in this
business for a long time. But we want to leave this business, as it is not useful to us their city centre
counterparts.

A review of the international literature indicates that the decriminalisation or legalisation of sex work in
other countries has not necessarily benefited the most marginalised workers, those working on the
streets and drug addicted and-impoverished sex workers (Alexander, 1994; Delacoste and Alexander,
1987; Pyett and Warr, 1996; Van der Poel, 1995; Verbeek and Van der Zijden, 1987). Such processes
have not met many of the demands of brothel workers either as mandatory health checks are practised
2
https://www.jstor.org/stable/4066047 , Race, Class and Sex: The Politics of the Decriminalisation of Sex Work.
3
https://www.jstor.org/stable/4066047 , Race, Class and Sex: The Politics of the Decriminalisation of Sex Work.
in the US in Nevada, in Senegal and Greece. In some places licenses are required to operate brothels in
zoned areas (Victoria, Australia). In most countries where sex work is controlled and regulated, a larger
number of unregistered sex workers remain disempowered in the hands of the police and fearful of
accessing healthservices and condoms because of their unregistered status.

There have been two solutions suggested to ameliorate the lot of prostitutes. One that they organise
themselves; alternately, prostitution be legalised with due safeguards against exploitation. Backed up
with a great deal of in-depth understanding, the writer points to the dangers inherent in both these
approaches. In India the initiative to orga- ni.se the prostitutes have come from those who control
prostitution and benerit from it. Such efforts get political backing precisely because the racketeers are
able to control a sizeable portion of the vote bank. The ex- ploiters aje thus able to distort the structures
of oppression and mediate a better deal for themselves against police interference. The advantages
rarely percolate down to the common prostitute Similarly legalisation of prostitution benefits the same
group who can run brothels with impunity. By examin- ing the experiences of various countries in
legalising prostitution, she points out that all such attempts have only succeeded in the denial of human
rights to women. It places extraordinary powers in the hands of the law enforcing agents and health
inspectors It gives the state a legitimate excuse to tax prostitues without concurrently providing them
social welfare benefits and protection available to other citizens. These women are publicly identified as
prostitutes. This curtails their social mobility and the law restrains them from entering certain spaces.
They are subjected to various indignities such as arbitrary medical check-ups. It gives untold powers to
the police to haul women up with trumped up charges of illegal soli- citing-an accusation few women
can refute.

https://drive.google.com/drive/folders/1nqq_LMLrq7YZ2sKYXF51fUKJBGKW9q8C - read this!!!

The submissions opposing prostitution in residential areas suggested

that: small owner operated brothels in residential areas have not always

been discreet and that there has been a degree of offensive behaviour;

residential environments for brothels were considered to be more likely to

unnecessarily expose children and young people to the sex industry; and

allowing residential brothels in residential areas would add to prostitution

becoming “normalised” behaviour within the various communities and

influence career choices of young people towards work in the sex industry.

Further, many submitters expressed concerns relating to noise, traffic, and

late-night visits to residential brothels, and that clients might mistake

neighbouring or nearby houses for brothels.

competitions were opposed to public policy, there could be no "business" in

promoting a lottery or a prize competition and the question of the violation of the

petitioners' alleged rights under Art. 19(1)(g) of the Constitution did not arise.

It was also contended that if the provisions of the Act and the Rules operated as

restrictions, then the same were reasonable and in the interest of the general public.

In New York State Liquor Authority v. Dennis BELLANCA, DBA The Main Event, Et
Al.MANU/USSC/0092/1981 : 452 U.S. 714 (1981). In this case, the question raised was about the power
of a State to prohibit topless dancing in an establishment licensed by State to serve liquor. It was
claimed that the prohibition was violative of United States Constitution. U.S. Supreme Court, upon
consideration of the issue, observed as follows: In short, the elected representatives of the State of New
York have chosen to avoid the disturbances associated with mixing alcohol and nude dancing by means
of reasonable restriction upon establishments which sell liquor for on- premises consumption. SO IF
PROSTITUTION get legalized on the basis of right to trade an profession then the dance bar girls who get
nude dancing will get legitamise because of right to profession.

(The Attorney-General v. Sillem (1864) 10 H.L C. 704; 11 E.R 1200, Smith v. Brown (1871) 6 Q.B 729 and
C ousins v. Lombard Bank (1876) I Ex. D. 404, only lay down that the question whether jurisdiction has
been conferred even on a superior Court is a matter of construction of the law bearing on the point. But
it does not follow from these cases that there is a presumption against conferral of jurisdiction on a
superior Court. The learned counsel then referred to the heading of section 1 in Chapter V of Maxwell's
Interpretation of Statutes, which runs: Presumptions against ousting established, and creating new,
jurisdiction, and said that it supports his argument. In the cases there dealt with, jurisdiction was
conferred on inferior tribunals with a view to oust established jurisdictions. Those cases are, therefore,
distinguishable. Article 226 does not oust the jurisdiction of any existing Court but only enlarges the
powers of an existing superior Court. Therefore, there is little scope for a presumption of the kind
suggested by the learned counsel.)JURISCTION MATERIAL LINK -
https://drive.google.com/drive/folders/13LAGB84TYJE3gy1IYQJOtxdQ13fOZoMY PARA NO.144-156.