Title: Reconsidering criminalisation of prostitution: a comparative critical study of the models in vogue in India, Sweden and the Netherlands

Authors: Bhavya Tandon; Pratiti Nayak

Addresses: Jindal Institute of Behavioural Sciences, OP Jindal Global University, Sonipat, India ' KIIT School of Law, KIIT University, Bhubaneswar, India

Abstract: The criminalisation of sex work have been contentious issues in criminal law. The criminal justice system, historically opposed to prostitution, has employed policing and regulations, suppressing the profession. In India, the intend behind prostitution law is gradual criminalisation, associating it with higher crime rates and poverty. The sex workers face exploitation from multiple stakeholders, encompassing physical, sexual, and psychological violence, leading marginalisation and discrimination. Some European nations, opting for legalisation, aim at harm reduction and enhanced protections for sex workers. Through a comparative analysis of prostitution laws in India, the Netherlands and Sweden, this paper studies the criminalisation model through the lens of public morality, public health, and other societal interests. It questions the limits of criminal law in balancing harm reduction and worker exploitation. Proposing alternative likes legalisation and partial criminalisation, the paper advocates for the most effective approach – decriminalisation – to protect public interest, uphold right and eliminate stigma within this complex social issue.

Keywords: prostitution; harm; criminalisation; human rights; trafficking laws; India; Sweden; the Netherlands.

DOI: 10.1504/IJPLAP.2025.145307

International Journal of Public Law and Policy, 2025 Vol.11 No.2, pp.210 - 231

Received: 08 Jun 2023
Accepted: 16 Nov 2023
Published online: 31 Mar 2025 *

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