The legality of prostitution vis-a-vis the indian Immoral Trafficking(prevention)Act and sections 146 and 147 of the Zambian Penal Code: An analysis on legal implications, and its ills on development

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Chisanga, Jay
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It is a tacit acknowledgment that the existence of the institution of prostitution is a reality that no one can deny. Prostitution is one of the oldest professions of the world practiced since the birth of the organized society. Prostitution is practiced in almost all the countries and every type of society, and therefore Zambia and India are no exception to this practice. To this effect, the Zambian Penal Code which is the main statute dealing with criminal offences in Zambia has attempted to criminalize prostitution by sections 146 and 147. Similarly, India enacted the Immoral Traffic (Prevention) Act which is the main statute dealing with prostitution in India. However, the current laws in both Zambia and India that govern prostitution are fairly ambiguous. This is so because the laws in both Zambia and India are such that they only punish third parties such as Brothel owners but do not criminalize the prostitute herself Objectively speaking, since prostitution turns sexuality into a commodity, the perpetual practice results in increased disease, violence and abuse. Nonetheless, on the one hand, our culture still generally disapproves of prostitution and its legalization. But, on the other, different cultures approve of the practice of prostitution as is the case with Netherlands. Therefore, the objective of this study is to critically analyze the legality of prostitution vis-a-vis sections 146 and 147 of the Zambian Penal Code as well as the Indian Immoral Traffic (Prevention) Act. A further study will be looked at on the ills brought about by the practice of prostitution on the development sector. This research emanates against the backdrop that legislation against prostitution is fairly ambiguous and inadequate, as by legal implication, prostitution itself is not illegal per se. Hence, the need to modify the laws as there is a lacuna in their legislation so as to clearly make prostitution itself illegal in view of the devastating realities brought about by it when let loose taking from a case study of the Netherlands. In the final chapter, observations, recommendations and conclusions shall be stated in light of the inadequacies of the law, and the effect of current legislation against the prostitute in Zambia.
Sex crimes-Zambia , Prostitution-Zambia , Prostitution-India , Human trafficking-India , Human trafficking-Zambia