Cross Boarder Trafficking of Women and Children in Sex Industry: A Socio-Legal Prospective

Prostitution is one of the worlds oldest trades. There have been several debates on its legalization in India because due to its illegal status women who have entered this trade find it hard to report the abuse. In order to find their livelihood large number of women and girls cross border. In their journey they come in contact with agents, who in the name of good job lure them into sex industry. The conditions become graver as there in no proper law to deal with such issues. There are three Acts that govern this trade, Suppression of Immoral Traffic in Women and Girl Act -1956, Prevention of Immoral Traffic Act-1956 and the Immoral Traffic (Prevention) Act-1956. The only law governing the area is Immoral Traffic Prevention Act, 1956 (ITPA) which is generally overlooking the core issue. As per our legal scholars and policy makers, trafficking is nothing more than prostitution. Therefore a woman, who has fallen into prostitution, albeit under coercion, ceases to be innocent. Therefore while practicing sex-trade she is no more a victim. According to this narrow thinking, the trafficked womens innocence and pure victimhood has been wrongfully interpreted and she becomes unworthy of assistance. This denies her autonomy and agency, a point sharply criticized under feminist jurisprudence. The main research question here is Can we treat sex workers as the legal subject so that they can claim their legitimate rights and live a dignified life Further what policies should be framed for rehabilitation and repatriation of these exploited women and children By following the doctrinal method author tries to find justification by observing philosophical theories of Robert Nozik, Martha Nussbaum, Immanuel Kant, John Locke, Chhatrapati Singh which says that law on this issue should be of epistemological and ontological in nature. Only then we can stop exploitation of these people and serve the humanity. Now there is need to follow the new paradigm shift on the topic.