Tag Archives: prostitution

A couple of interesting court cases

The big one, from the Supreme Court-

The Supreme Court on Wednesday asked the Centre whether it could legalize prostitution if it wasn’t possible to curb it.

“When you say it is the world’s oldest profession and when you are not able to curb it by laws, why don’t you legalize it? You can then monitor the trade, rehabilitate and provide medical aid to those involved,” Justices Dalveer Bhandari and AK Patnaik told Solicitor-General Gopal Subramaniam.

The court said legalizing sex trade would be a better option to avoid trafficking of women and pointed out that nowhere in the world was prostitution curbed by punitive measures.

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“They (sex workers) have been operating in one way or the other and nowhere in the world have they been able to curb it by legislation. In some cases, they (the trade) are carried out in a sophisticated manner. So, why don’t you legalize it?” the judges asked.

The other is a Bombay HC judgment, a correct one, but based on the wrong premise-

In a path-breaking judgment, the Bombay high court has held that even a single dissenting member of a cooperative housing society cannot be thrown out by a builder based on a mere development agreement with the society and a majority of the flat owners in it for redevelopment of the building.

Expressing serious concern at the “disturbing trend of developers approaching the court and seeking eviction and dispossession of non-cooperating members of housing societies’’, Justice S C Dharmadhikari held that any redevelopment activity “should not compromise the rights of members and must safeguard the existence of the society’’.

“It is the developer who comes to court on the basis of rights conferred in his favour by the society, including that of FSI/TDR. Thus, the society not only loses the existing structure completely but is divested of its right to the land itself. If all such arrangements are accepted at their face value, then the existence of the cooperative housing society itself is threatened…’’

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In the final analysis, the court said the “cooperative society movement is a socio-economic and moral movement. It is to fulfil the constitutional aim of distribution of wealth. It is not a profit-making activity not is it a tool for power politics. Its true role cannot be forgotten or else commerce will displace service.’’

The only things that should have mattered were “property rights” and “contract.”

Legalization vs. Decriminalization

For the first time ever, Anbumani Ramadoss is talking sense (albeit in a very restricted manner, since his only concern is HIV-AIDS) when he says “Section 377 of the Indian Penal Code, which criminalises men who have sex with men, must go”. But the article is wrong when it says “the Union Health Ministry on Friday favoured legalising homosexuality.”

There is a big difference between legalizing something and decriminalizing it. And the difference lies in the way these words relate to “rights”. Homosexuality, prostitution, discrimination by private parties, hate speech, use and sale of drugs and weapons, practice of a particular religion, non payment of compulsory levies etc are decriminalized. Murder, rape, theft, fraud etc are legalized. The first category of “offenses” don’t violate the rights of others. Those in the second category do. That is the essential difference.

Laws are meant to protect the “rights” of people, not restrict them based on the personal likes and dislikes of a whole bunch of others.

The real bordello

The Indian government has decided to amend the Immoral Trafficking (Prevention) Act; the amendment will criminalize the buying of sexual favors from prostitutes. So while prostitution is not illegal, hiring prostitutes will be. And according to the group of wise men, this move is supposed to “help curb trafficking of women into the world of prostitution.” They also think that this will curb the spread of HIV-AIDS. Two ministers were not in favor of the amendment, and whoever they are, I commend them for their stand on the issue.

The Maharashtra government had started a campaign against “immoral” dance bars, and thereby forced girls who were earning money through dances into prostitution. Now by threatening to throw their clients into jail, is the government trying to kill prostitutes? Prostitution is called the oldest profession in the world because sex is one of the basic human needs. Just because ministers, and the rich, and middle class, and those among the poor who have static jobs, are married and can “do it” at home does not mean every one else enjoys the same privileges. Will the government next pass a law forcing trucking companies to allow truckers to take their wives along with them on their countrywide trips? And will the government arrange marriages for the millions of young men who leave the villages for the cities in search of jobs?

Instead of tackling real issues like trafficking, the government is targeting women who are already victims of circumstances. And all this while MPs are being bought and sold for the “trust vote” in parliament on Tuesday.

A different morality

A lot of people speak of morality as if it is cast in stone and is some kind of universal truth. It is not. At best, it is something that works on the “to each his own” principle. It follows then that there would be many “flavors” of morality. There is the morality that emerges from teachings of imaginary deities, the Marxist morality practiced by communists around the world, morality of the Objectivist kind, Nietzsche’s master and slave morality, and so many others (Nietzsche actually considers morality a ruse used by the weak to rule the strong). Morality is important – everything we do is influenced by our morals – but so is identifying its source; more so when morality is codified and becomes law – something that every citizen of a country is expected to follow. Bad choices here will lead to disgruntlement and chaos.

Abortion and euthanasia (or even suicide) are issues that affect women and the terminally ill. But law is used to deny them the right to their own bodies and lives. “Taking a life” is immoral – this idea is taken to its extreme to justify bans. This report on abortion was run by the BBC some time back. It is related to the access women have to abortion in Northern Ireland. Then there was another report which talked about a woman in Britain who planned to go to Holland for euthanasia and who feared that her husband would be arrested when he returns to the country. I can’t find that particular report but this one explains the problem.

Homosexuality is another controversial issue and there are many countries in the world (including India) where the practice is outlawed through a technicality – making “unnatural sex” illegal. No distinction is made between sodomy and rape. And society gains a tool to target “different” people. The Islamic theocracy that is Iran hangs gay people. While Iran is an extreme case, I don’t think there are many countries in the world who have not, at some point of time or the other, indulged in “legal discrimination” (discrimination by government, as opposed to by private parties – there is a huge difference in these two concepts and unfortunately, a lot of liberals either don’t understand this or simply don’t want to) against homosexuals.

British mathematician and cryptanalyst Alan Turing was probably one of morality’s greatest victims. Turing was the one who, in trying to tackle Godel’s undecidability question, came up with a design for what we now call computers; and the one who cracked the German Enigma cipher machine during the Second World War. In The Code Book, Simon Singh quotes a Bletchley Park veteran – “Fortunately the (military) authorities did not know that Turing was a homosexual. Otherwise we would have lost the war.” But the government did come to know of it later on. And it forced him to undergo hormone treatment that made him impotent. This persecution resulted in his committing suicide at the age of 42. The British rewarded his contribution to the defeat of Nazi Germany with death.

Prostitution, nudity and anything related to sex has always been controversial, particularly because of religious reasons. Iran (again) has recently decided to punish bloggers who write things that are detrimental to society. And freedom is such a precious commodity here in modern India that sometimes I wonder whether we fought for freedom or for freedom to enslave. Well, here you have to be careful what you write about. Write bad stuff about India’s royalty – the Gandhi family, or about Hindu gods, or warrior kings, or politicians and you could be thrown in jail and thrashed soundly. Worse, someone will arrive at your place and thrash you. While the Hindu epics describe kings having multiple wives, wives with multiple husbands, children born out of wedlock etc etc, and there did exist a time when sex and nudity was not considered taboo (Kamasutra and the Khajuraho temple complex, for example), present day India is imprisoned in a Victorian era morality. Raja Ravi Varma too seems to have played a major role in the covering up of the Indian body. The various religion-based outfits apparently suffer from amnesia, or stupidity, or both.

Drugs, smoking, views on charity – the list goes on. Society and government intervene into areas that have absolutely nothing to do with them, according to one morality, on the strength of laws and customs based on a different morality. This is a clash between different moralities and there can be no meeting point. This is the primary reason why societies find themselves caught up in conflicts. And unfortunately, present day government offers no solution to the problem. The best we can do is limit the applicability of “moral laws” to small territories – on a city or state level rather than on a national level. While moving from country to country is not possible for many, people unsatisfied with the laws in one city or state can move to another one. And it is so much easier to get the laws changed at the local level than at a national level since a small electorate means each voter has more say. But this requires politicians with the intelligence and drive needed to make it happen. And we don’t have them.

For all the idle talk of morals and civilized behavior, when people fail to come to an understanding, they turn into cavemen and resort to the use of force. “As I write, highly civilized human beings are flying overhead, trying to kill me,” Orwell once wrote (The Lion and the Unicorn: Socialism and the English Genius). Theirs is a different morality, he should probably have added.

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