The Constitutional Court decided Friday that the relevant article in the Social Order Maintenance Act violates the principle of equality enshrined in the Constitution, and that new regulations should be worked out by the administration and the legislature.

As amendment of the regulations and penalties pertaining to prostitution requires administrative and legislative review and planning, the Constitutional Court ruled that the existing law will be retained for two more years until Nov. 5, 2011.

Meanwhile, the judges suggested that the police and judicial authorities show "leniency" when dealing with the punishment of prostitutes, whom they described as socially disadvantaged individuals.

Under the existing act, law enforcement authorities may detain a prostitute for a maximum of three days or impose a fine of up to NT$30,000. Prostitutes could also be sent to reform institutions for a period of six months to a year, under the law.

According to the two Yilan District Court judges, Lin Chun-ting and Yang Kun-chiao, over the years they have encountered many cases of elderly prostitutes earning a mere NT$300 for each transaction, and in those cases prostitution was not really a choice but rather the only way to earn a living.

Out of pity for such prostitutes who face legal penalties, the two judges took the issue to the Constitutional Court, questioning the fairness of the law that absolves the clients of prostitutes.

The Constitutional Court's decision may give momentum to Taiwan's gender equality groups that have been calling for prostitution to be decriminalized.

When the decriminalization proposal was raised by Kuomintang Legislator Cheng Li-wen at the Legislative Yuan in mid June, some lawmakers suggested setting up special sex-industry zones, similar to the red-light districts in Amsterdam and Hamburg. However, most other legislators expressed reservations about the suggestion.

(By Lin Shen-hsu and Lillian Lin)