What are the arguments against banning prostitution ?
Should prostitution be legalized or banned..?..if it is legalized, who should regulate it..?
One argument says that it should be banned because a person does not have the absolute liberty right over their body. The act of exchanging money for sex is therefore immoral. But this would give rise to a paternalistic state.
In contrast, libertarian views opine that a person has absolute rights over his/her body and can pursue any profession as long as it does not harm the right of other persons to do the same.
So to declare prostitution illegal would mean a woman has no absolute rights over her body.
This would indicate that a court can interfere in other bodily decisions of an individual....if it can be justified..
For example, sex selective abortion is prohibited under pcpndt act 1994.
Qn: Does the state have any right over a person's bodily rights..? If yes, then to what extent can a state regulate a person's rights..?..If no, then can bodily freedom/rights be used to for example, to allow voluntary cannibalism or active euthanasia..?
Some lines along which you could think is :
- Banning it on legal grounds than one has not absolute rights over his or her body, has wider ramifications - such as organ donation can be made compulsory
- The State is not the best determinant of what constitutes public morality . It has a poor track record in doing that, and it has always been conservative , much behind times in such matters.
- In the Indian context, this constitutes a danger to public morality when solicited in public - not in private. The Supreme Court verdict on Right to Privacy as a Fundamental right makes it difficult to declare it illegal.