A passionate discussion with Eminent Lawyer Avik Saha on whether prostitution should be legalized or banned Q. You are very familiar with Law and Order. What kind of injustices takes place with prostitutes?
This is utter slavery. It is comparable to what Abraham Lincoln preached. These are the things we don`t talk about and it is happening right in front of our eyes, under our noses, day in, day out , twenty four hours! There 6000 brothels in Premchand Boral Street [Kolkata] and it’s a shame that I didn’t know about it till a few months ago. This is an anti-slavery movement (Krito das ptothar protibaad). Do not mistake it with social reforms, help, legal service! It is nothing but an anti-slavery movement.
Q. What should we do to strength the non-governmental organizations?
Empower them to act. Today, the biggest constraint of an NGO`s is not money. It is the vested interest in the system which does not let them perform. If Premchand Boral Street stops functioning, the loss to the vested interest runs into maybe a hundred crores a year. The police have a share, the local politician has a share, and every strong man has a share. Nobody wants it to stop, that’s the biggest challenge.
Q. The law about prostitution is unclear. Do you think we need reformation in the law about prostitution?
Absolutely, the law is under review. There is a strong debate, whether it should be legalized or abolished. The same debate was faced by Abraham Lincoln; you just need to flip the pages of history back. It was said why don`t we legalize it. People would be more humane towards them. That is where it is stuck.
It should be abolished.
What will happen if it is abolished? Slavery will stop. Prostitution by own will, would never stop. Whether I want to become a Jhalmuri-wala or a lawyer, is my choice. Slavery has to stop and for that abolition is required. Nothing short of abolition would do.
Q. There is a fine line between forced prostitution and prostitution by will and it is the middlemen who try to portray that it is the former and exploit girls….
I am sorry, this needs clarification. You being a woman, can you think of any woman, willing to do this? No one will do it! It`s impossible. Indian law states that no person under 16 years of age is competent to contract. That means if a woman is less than 16, that consent is not valid. What is more important is the fact that her consent does not matter because, you have never asked for it. Have you ever seeked her permission her? You were asked by your parents whether you want to become a journalist or an engineer. Was she asked if she wants to become a prostitute or something else? She was never given a choice.
For instance, a little girl of 10 years is stolen from Piyali, near Sunderban and brought and kept at a house for two years. She is not made to do anything. In her new environment, who will she depend upon? Her neighbours and the person who has brought her there! In two years, she is psychologically broken and when she reaches puberty, she is put into the flesh trade. It is not a physical but a psychological threat. When you tell a person “Tok Kichu hobe na” – you have no other choice, you can`t say that she is doing it willingly. She has no choice and there is no doubt about it.
If you give them an option and tell them that from today this is your house and you can come and do whatever you want to, then everyone from Premchand Boral Street will come here. There are addiction problems, and many other issues but those can be solved. As men we can`t compel women to do that.
Q. So who will take their responsibility?
State! I! You! Take the example of Sweden and Netherlands. Sweden abolished it and Netherlands licensed it at the same time. Ten years have passed. Amsterdam is the sex capital of the world. Everything wrong thing that you see in Kolkata, can be seen in Amsterdam. You can get a minor child in Amsterdam thanks to regulation. Sweden has seen a forty percent fall in prostitution. Prostitution has to become unprofitable. Gold used to be smuggled because it was profitable. The difference between price in India and Dubai, was large. Today gold smuggling does not take place to such an extent. Make prostitution unprofitable and the problem is sorted.
What happens to prostitutes by the way, if we are concerned so much about unemployment? What happens to an old prostitute? I will tell you what happens. There`s a Bhootnath temple near the Nimtala ghat. All women beggars there are old prostitutes! I am not being moralistic. This is not a question of morality, anger and social rights. It is not so complicated. It’s simply inhuman, it cannot be accepted.
Q. What would be your message to those men who pay for sex?
I do not have a high moral character. I am attracted to women just as every man is. So my advice would be to ask for the consent first. You do not have the inherent right to entrap someone. Any pleasure is a pleasure. So why abuse a minor for it?
So Dear Readers,
Legalization or Abolition? What should be the way out according to you?
Do give it a thought and leave your comments and views.
