Today, the editors of Mint have commented on this. They are worried about the use of force by criminal gangs to coerce helpless women into the business. They are also worried about children being forced into the trade. They point out that western nations like Holland who have legalized prostitution have strict laws against the recruitment of children, as also the use of force by criminals.
The sub-title to the editorial reads:
It will take some juristic creativity to fashion a law in India that does not open the floodgates of violence against women in the name of legalizing prostitution
I totally disagree.
The first step to take must be the legitimization of the trade, thereby making it open and transparent. Only when it is legal can issues of illegitimate force, coercion, and child abuse be tackled.
Second, “juristic creativity” is a dangerous thing. We don’t need it. What we need are simple laws that prohibit certain actions and leave all voluntary exchanges free. This is the world of “private law.” In such a world, what matters are Property, Contracts and Torts – and, maybe, or maybe not, a little penal law. Prostitution, gambling and drugs can all be legal and open in such a private law world – a catallaxy.
This is a “natural order.” There are very few “outlaws” – and they are easy to apprehend and bring to justice because all the people submit to The Law and support it. They help apprehend outlaws.
This is the world to dream of. What is happening today is “unlaw” – where most people violate the written legislations of parliaments. We must all prefer Liberty Under Law.
Quite frankly, it is not prostitution, but ganja, where legislation has not worked at all. I rarely meet prostitutes or those who visit them. I regularly meet ganja smokers – every single day. And they come from all walks of life. The Holy Smoke is sold everywhere.
If there is a second area where the law is openly flouted, more openly than in the case of prostitution, then it is gambling. As with ganja, so with gambling, we are prohibiting “good things.” And pushing big industries underground – into the hands of criminals (and cops). Indeed, these proscriptions criminalize the police.
Gambling is “good” in the sense that it encourages the ability to take risks with one’s money – essential to the Spirit of Capitalism. This is why north Indian businessmen gamble furiously in the run-up to Diwali, a festival dedicated to the goddess of wealth.
The other year I read the story of how Delhi’s State Police “raided” a private house where some businessmen were gambling during the Diwali season and even shot one such gambler dead. This is insane.
I asked a casino owner in Kathmandu how many people were employed in his establishments. He said 1200. I loved the atmospherics in his casino. It was so wonderful to see so many people happily playing with money.
In Goa, there are casinos. But I was even happier to find a little cubby-hole in Margao taking bets from poor folk. Everyone gambles in Goa, rich and poor.
Gambling is the Spirit of Capitalism – of risk-taking. In the old textbooks of “development economics,” they said that Indians were “risk-averse” – and therefore State-led industrialization was necessary.
A Big Lie.
The truth is that we are a nation of gamblers – much of it illegal, as with cricket. Even our tribal societies gamble – as in the case of “teer” in the north-east. They too are capable of profiting under Capitalism.
Some people shudder at the thought of such a free world. In my case, what I find nauseous is our current reality, full of hypocrisy, mendacity, and criminality. And legislation. And “unlaw.”
Although I don't agree with all her ideas on prostitution or its legalisation, Madhu Kishwar has raised some interesting issues in her article in The Indian Express of Tuesday:
ReplyDelete"What does the term “legalise” actually imply? Does it mean that a prostitute can open a sexshop anywhere she likes and advertise her services? Does it mean men or women supplying call girls should be able to set up an office in any neighborhood they like, just as doctors set up their clinics, proclaiming that call girls are available between such and such hours? How many of us are willing to let our young children grow up amidst an atmosphere where renting a woman’s body for sex is considered a perfectly legitimate activity?"
For more, here's the link:
http://www.indianexpress.com/news/a-question-of-respect/554298/0
@Varuna: Cities and their markets grow naturally; organically. In all our existing cities, there are long-established red light areas. Like Sonagachi in Calcutta. What "legalization" ought to mean is that these existing establishments should be allowed to continue in business without police interference. Amsterdam has such a "legal" red light district. Of course, there are escort services and the like, but these are always discreet.
ReplyDeleteFurther, note where prostitution is allowed in "traditional" quarters, there is no reason to believe that they will lack in social respect - as in the case of the geishas of Japan. Courtesans were respected in ancient India, and modern Lucknow. In Old Calcutta too.
Finally, about letting "young children grow up amidst an atmosphere where renting a woman’s body for sex is considered a perfectly legitimate activity": We all must teach our children that each is the Proprietor of his or her own body - and how Justice follows from that. They will then view the catallaxy as their "natural world," warts and all.
On the morality scale, I'll put any one who offers value miles ahead of anyone who doesn't. So prostitutes rank higher than bureaucrats, politicians and similar parasites any day. I'm a bit ambivalent when it comes to pimps however.
ReplyDeleteWell, hum ko jo taane dete hain...Kuch toh log kahenge
also if you think about it everything is based on incentives: what incentive would the politicians have to keep a normal human endeavor illegal? prohibition failed everywhere from US to India. As the article states so has drug control. So, keeping things illegal raises the risks associated with the activity and hence the payoff must be larger for one to think of taking these risks. I wonder how much of the "increased pay off" ends up in politicians pockets???
ReplyDeleteHow do people who do nothing for a living have such ostentatious wealth? they probably aren't capable enough make 5 Rs shining someones shoes on the street!!