Volume 20 No 10 (2022)
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Role of Psychology in Morality Entrenchment: Impact on Legislation related to Sex Work in India
Sneha Hooda
Abstract
The laws related to sex work in India are ambiguous and leaves no scope for such people to engage in their choice of profession without getting charged under some provision of the Immoral Trafficking Prevention Act 1986. The conflation of trafficking with sex work is itself an issue worth pondering over but the underlying reason preventing complete acceptance of sex work as work per se remains reverence to Victorian morality. The paper demonstrates the way in which British version of morality got entrenched into the mind set of Indian population using historical information. Psychologist Steven Pinker’s theory of Moralization Switch is employed as a tool for such demonstration. Highlight of the work is analyses of the impact of morality in discussion on sex work during Constituent Assembly Debates and aftermath in the form of legislation. The essence that remains behind entire scheme is to see if law makers succeeded in upholding the idea of Constitutionalism by passing ambiguous laws impacting people who were left unheard and were pushed at margins of society by an alien concept of British Morality. It goes on to conclude that the principles of Constitution were not upheld while passing law surrounding sex work
Keywords
constitutionalism, constitutional morality, constituent assembly debates, law,morality, sex work
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