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India Sex Work News

The journey toward achieving sex worker rights has been marked by perseverance, with a rising chorus of voices advocating an end to stigma, abuse, and the criminalization of sex work. In a momentous move, the United Nations Working Group on discrimination against women and girls released a groundbreaking report in October, urging the global decriminalization of voluntary adult sex work.

This report meticulously scrutinizes the divisive debates surrounding sex work, which often overshadow the urgent need for evidence-based policies safeguarding the rights of affected women and girls. Extensive research conducted by Human Rights Watch, reputable academic studies, health journals, anti-trafficking organizations, and insights shared by sex workers themselves consistently highlight that criminalization exacerbates the vulnerability of sex workers to violence, including rape, assault, and even murder.

Recent investigations in 2021 underscored that criminalization not only jeopardizes the safety of sex workers but also undermines the efforts of advocates fighting for sex worker rights. These dedicated defenders often play a crucial role in life-saving anti-trafficking work by negotiating access to brothels, identifying sexually exploited children, empowering survivors with access to justice, offering harm reduction strategies, and enhancing healthcare pathways for individuals deprived of their freedom of movement.

This report marks the seventh occasion where the Working Group has addressed sex work. It has persistently championed the decriminalization of adult sex work in various reports focusing on gender discrimination in health, women deprived of liberty, women's rights in the world of work, poverty, as well as in interventions specifically advocating for criminalized sex workers in Nigeria and South Africa.

Multiple UN agencies, such as the Joint United Nations Programme on HIV/AIDS, the World Health Organization, the UN Population Fund, and the UN Development Program, stand in opposition to criminalization. Additionally, prominent civil society organizations like Human Rights Watch, Amnesty International, and the International Planned Parenthood Federation have presented evidence-based policies in support of decriminalizing adult sex work.

Local advocates for sex worker rights navigate a challenging and often hostile environment marked by defamation, smear campaigns, legal hurdles, and, at times, physical violence and retribution for their activism within their communities. The unequivocal support from one of the leading women's rights bodies within the UN is profoundly significant, signifying a genuine acknowledgment of the voices and experiences of sex workers.

The mounting evidence and the increasing network of institutions embracing a rights-based approach signify a clear path forward. Decriminalization emerges as the crucial step for those committed to upholding the rights and justice for all women, fostering an environment that champions dignity, safety, and empowerment.

Swathi Mahila Sangha (SMS) is a group that has been working since 2003 to help women who work in the sex industry. In the first part of this series, we learned about how SMS provides essential services like healthcare, financial help, and social support to marginalized women.

Now, let's look at the legal issues these women face and what SMS plans to do in the future to make their lives better.

Even though India has made progress in many areas, women in sex work still face unique challenges. They are considered one of the most discriminated and vulnerable groups in the country. They struggle to have their rights recognized, deal with stigma, discrimination, and abuse, and have few platforms to share their problems. They face multiple forms of marginalization, and their lack of access to social rights, education, jobs, and social support makes their situation worse.

The laws regarding sex work in India, governed by the Immoral Traffic (Prevention) Act of 1956, consider sex work immoral. This legal label adds to the bias against sex workers. Since their work is seen as criminal, these women are at a high risk of violence, including physical and sexual abuse. They often can't report these incidents because they fear getting arrested.

The laws around sex work in India are not clear. While the Immoral Traffic (Prevention) Act criminalizes solicitation and running brothels, it doesn't explicitly make sex work itself illegal. This confusion in the law enforcement system makes sex workers vulnerable to harassment and abuse. They are often arrested and mistreated, creating a cycle of exploitation within the criminal justice system. Their voices are usually ignored when policies are made.

There's a need for policies that include sex workers in decision-making and address their unique problems. We also lack enough data about the sex work industry in India, so policies should support collecting more information to understand and solve the challenges faced by sex workers.

In May 2022, the Supreme Court of India made a landmark decision recognizing prostitution as a profession. The court stated that sex workers deserve dignity and equal protection under the law. It also said the police should not interfere or take criminal action when adults engage in consensual sex work.

Looking ahead, SMS plans to continue its work using a community-focused and technology-driven approach. They want to improve the lives of women in sex work and their communities in areas like social protection, healthcare, financial security, and community building. For example, the Swathi Jyoti program offers health services, financial literacy programs, and support against gender-based violence. SMS is guided by Taaras, a coalition of women in sex work and their community organizations, providing a platform for their voices and actions.

Prostitution, often referred to as the “world’s oldest profession,” is a persistent phenomenon that has existed in various forms across different cultures, societies, and locations throughout history. However, the moral and legal status of prostitution varies widely among countries, and so does its prevalence. A relevant question that emerges is: which country has the highest rate of prostitution?

To address this question, one must take into account the multiple factors that influence the occurrence of prostitution. These may include socioeconomic conditions, legal frameworks, and cultural norms. Moreover, obtaining reliable data on this sensitive topic is challenging, as it often depends on estimates and research on the illicit trade. Nevertheless, based on the available information, it is possible to identify some countries with notably high rates of prostitution.

It should be noted that some countries are renowned for having large sex industries due to tourism, local demand, or economic necessity. Countries such as Thailand, Cambodia, and parts of Germany (where prostitution is legal and regulated) are frequently cited in debates about the sex industry. However, having a prominent sex industry does not necessarily imply that these countries have the “most” prostitution; it simply means that it is more visible and regulated.

Prostitution is a widespread phenomenon, with varying rates across different countries. This section provides an overview of the countries where prostitution is most common.

Germany has legalized prostitution, resulting in an increase in the number of sex workers and brothels. Thailand has a large sex tourism industry, attracting visitors from around the world. Brazil also has a high rate of sex tourism, especially during the Carnival season. China has technically outlawed prostitution, but it is still prevalent, particularly in urban areas.

Colombia has a sizable prostitution market, driven mainly by drug-related violence and poverty. India and the Philippines also face high rates of prostitution due to poverty and a lack of employment opportunities for women. Spain continues to struggle with the issue of prostitution, as it is neither fully legal nor criminalized.

Australia, Finland, Bolivia, and the Netherlands have some regulation of sex work, leading to a degree of tolerance toward the industry. France and Denmark have illegalized prostitution, but it still occurs in these countries, partly due to their appeal to tourists.

Mexico, the United States, Argentina, Canada, and Nevada (where it is legal) have considerable levels of prostitution, with authorities attempting to regulate or combat the industry. Japan, South Korea, and New Zealand have significant issues with prostitution despite efforts to curb the trade.

Some European countries, such as Lithuania, Austria, Latvia, Croatia, Czech Republic, Turkey, Belgium, Italy, and Slovenia have varying degrees of regulation or penalties for prostitution. Finally, even in countries like Zimbabwe, where prostitution is illegal, it persists as an underground business.

The factors that contribute to high rates of prostitution in these countries include poverty, unemployment, drug addiction, and global demand for sex services. These factors should be taken into account when discussing prostitution in a specific country.

There is still no justice for these sex workers in India, the supreme court deemed their work was legal. The court guaranteed protection to workers, specifically from police high-handedness and violence. 

Many sex workers like Reena have spent years paying hefty bribes to police officers every month for protection. “I don't know if the police raids will stop, or if we will get the same treatment by the police when we go to file a complaint,” she said. 

Two days after Reena spoke to VICE World News, Sheoraphuli’s red light area was raided by police in the middle of the night, during which they allegedly harassed and assaulted a client. When a group of sex workers went to the police station to complain, they were dismissed and asked to bring photos and video evidence of the assault to register a case.

The high court in India slapped down the regulations governing sex work, Sex work in India is legal is what they have said.  Is this enough?

One sex worker feels that it is due to her work that, in her family, her voice is now heard. She is now seen as being independent and capable of earning and supporting her family. Nayana and Chaya are one of the many sex workers who came to Kamathipura as ‘majboori‘(helplessness) but have found ‘azadi’(freedom) in its brothels. Yet what seems unattainable to these women is the samman(respect) accorded to other work forms. 

On May 19th 2022 a panel consisting of Justices L. Nageswara Rao, B.R. Gavai and A.S. Bopanna said that voluntary sex workers who are adult and consenting towards it deserve to live with dignity and equal protection under the law as given to the rest of Indian citizens.

The Bench ordered the police while running a raid on a brothel should not “arrested or penalised or harassed or victimised” sex workers “since voluntary sex work is not illegal and only running the brothel is unlawful”.

Furthermore, the Bench also ordered regarding sex workers and their children stating “Basic protection of human decency and dignity extends to sex workers and their children.” 

The National Human Rights Commission (NHRC) issued an advisory on Wednesday, October 7, recognising the sex workers as informal workers, making them eligible for beneficiary schemes and benefits.

 

MUMBAI, March 26 (Thomson Reuters Foundation) - An LGBT+ rights group launched a fundraising appeal on Thursday for Mumbai sex workers whose income has been hit by coronavirus, saying it wanted to help other Indians who faced prejudice.

The Jimme Foundation stepped in after a distress call from a charity helping sex workers in the western Indian city, many of them single mothers struggling to feed their children since the world's second most populous country went into lockdown.

Commercial sex workers in the city are hard-hit, first by the outbreak of coronavirus and secondly, by the virtual lockdown in place.

Faced with the prospect of disease and starvation, the sex workers say, if they could choose, it would be the latter. Business has come to a virtual standstill.

Over 100 sex workers in West Bengal's Alipurduar district will not be working for the next two weeks in the wake of the coronavirus outbreak, they said on Monday. People from several places, including neighbouring districts, visit the red light area located in the central part of the district town.

Coronavirus is holding the world hostage right now. Every walk of life is being affected and its like being held for ransom and nobody is there to pay the money.  

One profession that has taken a hard hit is prostitution. No, we are not kidding. One of the most lucrative industries in the world has been badly dented thanks to the outbreak. 

The number of clients have gone down for sex workers due to the fear of infection. 

Six Bangladeshi women rescued from four years of forced prostitution in India were stuck in limbo on Thursday as coronavirus prevented their long-awaited return home. Their ordeal, following years of enforced prostitution, prompted calls for a relaxation in tangled bureaucracy so trafficking victims can head home to their families.

No customer would be allowed to enter the locality during this period. More than 300 sex workers operate in the Hanuman Tekdi area of Bhiwandi, and the centre, which is affiliated to Shramajivi Sanghatana, cares for their children.

The women, most of them with smartphones, many with earphones plugged in, say they are aware that the virus has spread in India. They said they know that they need to keep washing their hands to protect themselves but they find the thought of ‘social distancing’ laughable.

Devoid of kitchens at most of the homes, occupants of the red light area in the city,  Budhwar Peth, have been suffering a lot amid the COVID-19 lockdown with only a little help coming from a motley group of women, who are cooking meals and distributing them free of cost among commercial sex workers (CSWs). Incidentally, these women previously worked as CSWs and understand the need in such a crisis.