Monday, February 22, 2010

Sex Workers- Legal Status in India



How many times have you seen ill and tired looking, provocatively dressed girls on the streets late at night haggling with customers over their charges. I saw it yesterday night and it was not a pretty sight. The number of female sex workers in India is growing at an alarming rate and may leave all other professions far behind very soon. Sonagachi in Kolkata, Kamathipura in Mumbai, G. B. Road in New Delhi, Reshampura in Gwalior and Budhwar Peth are the breeding grounds for this profession. Ninety-nine percent of the women in this field are either forced, trafficked, cheated, sold or lured-most of the times by their own family members. These innocent, unsuspecting women generally enter this territory much before the age of eighteen and the life that follows is one of utter pain, misery and harassment from all sections of society. They are imprisoned in shady brothels, raped and forced to sleep with psychopaths who burn and bruise them. Its their duty to serve customers tirelessly from one morning to the next morning. These women have no one to share or even hear their woes.  These women are forced by the brothel owners and pimps to have unprotected sex as they are paid better for that.  The girls who try to escape from brothels are caught easily and tortured even more to teach the other women there a lesson. The very few who succeed are also forced to return as they do not have any means for survival. If they turn to the police they are harassed even more as the police also abuses them in every which manner. This all continues till they grow old, after which their life is on streets as they are thrown out of these brothels which was their bread, butter and shelter for so many years. They do not get ration cards or the right to vote along with the other basic human rights. Since they have to be underground, they never get medical check-ups or treatments. All they get is suffering, pain and sexually transmitted diseases. The primary law regarding sex workers and their legal status - The Immoral Traffic (Suppression) Act (SITA) states that prostitutes can practice their trade privately but cannot legally solicit customers in public. Organized prostitution, pimping and living on the income of sex workers is illegal in India. In the recent past, there have been cries and appeals from various organizations to legalize this profession. Most of these voices have been suppressed cleverly under the name of societal norms and culture. Some genuine reasons have also been put forth against the legalization. However, thinking objectively, I feel there are more pros than cons. 

First thing being the fundamental rights of any human being- These women are at present devoid of these rights. They are considered as criminals without even committing a crime. Legalization of prostitution will uplift their societal status by leaps and bounds. They would not need to hide from police, they can fight back the evil pimps and choose their customers on their own. They can challenge and speak up to the people who mock and ridicule their helplessness. They can pay taxes, cast votes and live like normal citizens.  

Secondly, their health status as well as the health status of their customers can improve. They would not be forced into unprotected sex and can get periodic medical tests done which will  bring down the number of HIV infected people enormously. Apart from the sexually transmitted diseases, various other diseases will also find cure when they do not need to hide out in dungeons raking with diseases.  And apart from these obvious improvements, their economic condition will also improve when the pimps and brothel owners won't be able to extract money from them. 

Above all the question is- Who are  we to  segregate the society on basis of anything- religion, language, caste or profession? Most of these women are doing this just for their survival, they work hard for it and suffer a lot. So how fair it is for us to add to their troubles by outcasting them from the society and law. Being humans, the correct way is to live and let other people live on their terms till it brings no harm to anyone else. So we should all grow up and be a little more mature to accept this profession as any other one and give these women equal social and legal status which has been long impending.


2 comments:

  1. Hi, very nice article. Even I have written on the same topic. Very few people think like us. I hope people and our judiciary understand that legalization will benefit the sex workers, the society and the economy too.

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    1. Thank you for your appreciative comments Japleen. Hope other people take this in the right light too :-)

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