Prostitution and the law: India

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Kaustubh Nandan Sinha, Legal Service India

The Devadasis are illegal

A Devadasi is a servant (dasi, feminine) of one or more deity (dev). Goddess Yellamma is the best-known of these deities. She is worshipped mainly in ten districts of north Karnataka, 14 districts of Andhra Pradesh and the adjacent districts of Maharashtra.

By the early 20th century—indeed, much before it—the Devadasi system had degraded into prostitution with a veneer of religious sanction. The Bombay Devadasi Protection Act, 1934, banned this practice. This law was followed by the Madras Devadasis (Prevention of Dedication) Act (later, the Tamil Nadu Devadasis (Prevention of Dedication) Act), the Bombay Protection (Extension) Act, 1957, and the Andhra Pradesh Devadasi (Prohibition of Dedication) Act, 1988. The Government of Karnataka declared the system illegal in 1982.

Is prostitution legal or illegal?

Lawyer Kaustubh Nandan Sinha writes: The Immoral Trafficking Prevention Act, 1956 ("ITPA"), the main statute dealing with sex work in India, does not criminalise prostitution or prostitutes per se, but mostly punishes acts by third parties facilitating prostitution like brothel keeping, living off earnings and procuring, even where sex work is not coerced.

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