The court directed the Central Government, States and Union Territories to carry out a survey to determine the number of sex workers in the country willing to be rehabilitated.
However, in 2012 the Central Government made a plea to the Supreme Court arguing that sex workers should not be allowed to pursue their trade under the constitutional "right to live with dignity".
A "notified area" is a place which is declared to be "prostitution-free" by the state government under the PITA.
Brothel in context of this law, is a place which has two or more sex workers (2a).
Government organisations like MDACS (Maharashtra District AIDS Control Society) have played a very prominent role in generating awareness on HIV/AIDS through the assistance in providing free literature and organising street campaigns.
There are several NGO that feed on funds for protecting STI/STDs spread to common population NACO (National AIDS Control Organisation), a government agency lead these NGOs.
Brothels are illegal de jure but in practice are restricted to certain areas of any given town.
Clauses in the ITPA relating to living off the earnings of a sex-worker are being challenged in court, together with criminalisation of brothels, prostitution around a notified public place, soliciting and the power given to a magistrate to evict sex-workers from their home and forbidding their re-entry.
Government counsel contended that any such endorsement by the court would be ultra vires of ITPA which totally bans prostitution.
Opposing counsel submitted that the Act only prohibited brothel activities and punitive action against pimps. Most of the research done by Sanlaap indicates that the majority of sex workers in India work as prostitutes due to lacking resources to support themselves or their children.
What these women have to go thru and their concerns about HIV, Aids and STIs in a culture where talking about condoms on media is a TABOO.
In ancient India, there was a practice of the rich asking Nagarvadhu to sing and dance, noted in history as "brides of the town".
As long as it is done individually and voluntarily, a woman (male prostitution is not recognised in any law in India but even consensual anal intercourse is illegal under section 377 of the Indian Penal Code) can use her body in exchange for material benefit.