A Supreme Court Bench, comprising of Justices Dalveer Bhandari and A.K. Patnaik has sought the Government's stance on legalizing prostitution.

The petition filed by Bachpan Bachao Andolan in 2006, originally sought directions to protect children from abuse, protection of child rights, rescue of children in circus and other forms of labour. Senior Counsel Colin Gonsalves appearing for the NGO, had asked the Court to pass necessary directions regarding the nationwide trafficking of children who are engaged in circus for their rescue and rehabilitation.

Solicitor General Gopal Subramanium, informed the Court that the Government is preparing a comprehensive report, scheduled to be published in the next twenty days, in which circuses, are to be declared as a hazardous occupation.

77 counsels are listed on record in this case as the NGO has arraigned all the states as defendants. Speaking to Jyoti Mendiratta, the counsel for the NGO said, "There are serious issues relating to child rights and child trafficking, and therefore we had to make all the states a party to the litigation. We have sought the Supreme Court's intervention by passing appropriate orders."

The court, noting the trafficking of children and its inherent relation to the sex trade, took upon the issue of prostitution yesterday. "Why don't you legalize it?" they asked Gopal Subramanium, noting that legislation banning prostitution had never been successful in curbing it. "You can monitor the trade, rehabilitate and provide medical aid to those who need it," they added.

Corporate Law Group, a law firm based in Delhi is appearing for the State of Assam, with Partner Mamta Oinam and Senior Associate Riku Sharma taking the lead. Speaking to Bar & Bench, Riku Sharma said, "Since there are no circuses or allied activities in Assam, our role is limited. But since the litigation has now widened to look into aspects of child trafficking and prostitution, we need to wait and see the report prepared by the government of India."

In 2007, Ministry of Women and Child Development statistics revealed that India is home to nearly 2.8 million sex workers, with 35.47 percent of them entering the trade before the age of 18. The number of prostitutes has also doubled in the recent decade. The primary law dealing with the status of sex workers, The Immoral Traffic (Suppression) Act, 1956, permits prostitutes to practice their trade privately, but cannot legally solicit customers in public. Organized prostitution (brothels, prostitution rings, pimping etc.) is illegal. As long as it is done individually and voluntarily, a woman can use her body's attributes in exchange for material benefit. In particular, the law forbids a sex worker to carry on her profession within 200 yards of a public place. Unlike as is the case with other professions, sex workers are not protected under the labour laws, but they possess the right to rescue and rehabilitation if they desire and possess all the rights of other citizens.

Prostitution is legal with some restrictions in Canada, almost all of Europe including England, France, Wales, Denmark, etc., most of South America including most of Mexico (often in special zones), Brazil, Israel (Tel Aviv known as the brothel capital of the world), Australia, and many other countries. It is either legal or very tolerated in most all of Asia and even Iran has "temporary wives" which can be for only a few hours. New Zealand passed in 2003 one of the most comprehensive decriminalization acts which even made street hookers legal.