There have been many arguments for and against decriminalisation of prostitution, more, admittedly, in support. As a friend put it while I was discussing the issue with her, "There are simply more pros than cons." Putting an end to police brutality and providing dignity with the right to privacy, quality medical assistance and non-discrimination are just some of the things that Amnesty International and the supporters of decriminalisation argue for.
But on the other hand, it seems as though Amnesty is simply vouching for the right of men and women to buy sex. For example, this is a part of the policy overview document released by Amnesty — "Amnesty International believes that seeking, buying, selling and soliciting paid sex are acts protected from state interference as long as there is no coercion, threats or violence associated with those acts." How exactly do you establish coercion in a situation where a woman, even if forced, might sell sex just to earn a living and not report it?
The debate rages on between "human rights" and "freedom of choice". But the question is will decriminalising prostitution finally give a breather to women across the world who have not only been battling their own pathetic living situations but also been selling their bodies to feed their families? Or will it facilitate filtration of hardened criminals into the world of sex trade, a grey area of the society, often invisible and plagued with serious issues?
Pros
1. The most obvious consequence of decriminalisation of prostitution is a curb on police brutality. By decriminalising anything, channels of communication open between the victims of abuse and the upholders of the law. How many prostitutes will approach a police station to report a crime if they face arrest, humiliation and violence themselves?
2. Medical concerns emerging out of the sex industry are also one of the major issues that will be addressed by decriminalising prostitution, bringing relief to sex workers across the globe. While there is no doubt that sexually transmitted diseases, lack of sanitation and other immediate health concerns that come with working on the streets are widespread in the industry, perhaps the bigger evil is the stigma attached with prostitution that deters sex workers to get medical help. Decriminalising brings them one step closer and sure, it might not be successful in removing the stigma, but it definitely empowers them enough to face the authorities without the danger of being put behind bars or refused medical attention.
3. Decriminalising also establishes a free trade environment for those voluntarily engaging in sex trade. Not only that, it helps them do so with proper rights, dignity and without any interference from the government.
4. Criminalising prostitution only puts a layer of ambiguity over the world of sex trade, sealed from laws and regulations. That in turn puts prostitutes in high danger, exposed to all sorts of abuse. Decriminalising the industry helps in removing those cobwebs, treating sex workers just like the rest of the population, with rights and also, duties.
5. All this is besides the point that the government can start collecting tax from the industry, just like any other business.
Against
1. At the end of the day, prostitution is still a representative of much that is wrong in the society—exploitation of the weak, male domination, complete apathy towards the poor and their poverty, a starting point of all kinds of crimes, a hub of diseases and slavery.
2. While decriminalisation paves the way for laws and restrictions that compel all those in the trade to follow set rules and regulations, the fundamentals of the business still run on the principle of selling and buying the human body. Instead of offering an exit strategy to those forced into prostitution, decriminalisation of prostitution makes the industry more "safe", lucrative, accessible and further away from police action.
3. Of course, decriminalisation goes a long way in improving the health of sex workers, empowering them and giving them access to basic human rights, but it still does not abolish the draconian belief that the rich and people belonging to higher strata of the society have an upper hand over the poor. That they can buy, sell and exchange human bodies based on their whims and fancies.
4. It is, in a way, accepting the profession with all its jarring and gruesome features. For instance, here's an excerpt from the policy piece — "Amnesty International believes individuals are entitled to make decisions about their lives and livelihoods, and that governments have an obligation to create an enabling environment where these decisions are free, informed, and based on equality of opportunity." It uncannily portrays the system and the government as just another "pimp".
5. As far as tax collection by the government is concerned, are we really sure that the business model will work? Will the pimps, the prostitutes and all those related with the sex trade really start paying up?