Are we this regressive to understand real needs of sex workers in India?

After listening to Kiran Deshmukh, the President of the National Network of Sex Workers in India and a member of Veshya Anyay Mukti Parishad (VAMP), during her recent interview, I found myself reflecting on a complex issue that often divides public opinion: the legalization of prostitution in India. It made me rethink everything I thought I knew with a different unexplored in length perspective.

While the country remains engaged in endless debates over whether prostitution should be legalized, it struck me how decisively the voices of those directly affected—like Kiran—differ from the mainstream discourse. When asked whether prostitution should be legalized, her firm response was, "No, it should not be legalized, it should only be decriminalized."

This made me pause. In a country as diverse and complex as India, we are used to navigating debates around issues that range from progressive to regressive. But are we truly as regressive as we seem when it comes to understanding the needs of sex workers? 

It’s well-known that India still lacks adequate sensitization around the rights and experiences of sex workers. There are stereotypes, biases, and taboos attached to this segment of society. In Kiran’s interview, I heard something both challenging and thought-provoking—the idea that legalization isn’t necessarily the answer. Legalization might seem progressive, a way to make the lives of sex workers safer and more secure. Yet, Kiran’s argument to decriminalize rather than legalize is not just a matter of semantics; it’s about ensuring that sex workers have agency and autonomy without the burdens of restrictive regulations and unnecessary state control.

But what is the difference between legalization and decriminalization? And why does it matter?

Legalization would mean that the state imposes regulations on sex work, likely enforcing requirements like registration, mandatory health checks, or brothel permits. It means the state, in a sense, becomes an arbiter of who gets to participate and how. For many sex workers, particularly those who operate at the margins of society, this could mean more hurdles, more bureaucracy, and perhaps more harassment.

Decriminalization, on the other hand, is about removing criminal penalties from sex work. It means acknowledging sex workers as citizens with rights, without imposing heavy-handed regulations. Decriminalization would protect them from exploitation and violence by police and allow them to organize and access basic services without fear. This distinction between legalization and decriminalization isn’t widely understood in India, and Kiran’s concise response highlighted the need for a deeper discussion.

I found myself wishing the reporter had dug deeper, had asked more about why legalization isn’t the right path for India. What dangers does it pose? What unintended consequences might arise? Why is decriminalization a better alternative? This question, left hanging in the interview, left me eager to know more, to understand more.

So, here I am, writing this blog—not because I have all the answers, but because I believe this conversation deserves more space. It deserves our time and empathy. The perspective of decriminalization over legalization isn't about keeping sex work in the shadows, nor is it about denying sex workers their rights. Rather, it’s about finding a model that respects their dignity, provides them safety, and minimizes exploitation.

In a country like India, where issues of morality, tradition, and the law often intersect in complicated ways, decriminalization could offer a more compassionate and feasible approach. By decriminalizing sex work, we can create an environment that reduces harm, upholds human rights, and ultimately serves the best interests of those involved. Legalization might sound progressive, but if it doesn’t fit into the cultural and socio-economic context of India, and if it doesn’t serve those who need it most, then perhaps it’s time we re-evaluated what progress truly means.

This topic requires broader discussion, not just among policymakers but also in society at large. It's not enough to say that we need to move forward; we need to listen to those who live this reality every day, who understand the nuances and repercussions better than anyone else. We need to understand the difference between an idealistic solution and a practical one that genuinely makes lives better.

Perhaps, if we approached issues like these with more compassion and more listening, we’d find solutions that are not only progressive in theory but impactful in practice. The current status of sex workers in India is complex, with partial legality and limited protection under the law. While prostitution itself is not illegal, several related activities such as soliciting, brothel-keeping, and pimping are criminalized under the Immoral Traffic (Prevention) Act, 1956, leaving sex workers in a vulnerable position and subject to exploitation. The COVID-19 pandemic highlighted these vulnerabilities, prompting the National Human Rights Commission (NHRC) to classify sex workers as informal workers deserving of welfare benefits—a significant move that acknowledges their labor and the need for social protections. However, this recognition falls short of full decriminalization, which would provide sex workers with comprehensive legal rights, safety, and access to essential services without fear of harassment. As a result, sex workers continue to operate in a legal gray area, with ongoing calls for decriminalization to improve their status and ensure their dignity and rights are upheld.