Sex workers As a Profession

 

Sex workers As a Profession

Written by: Anjali Ravindra More
3^rd Year LL.B.
New Law College Mumbai

 

 Edited by: YASH JAIN
5^th Year B.B.A.LL.B. (Hons.)
Amity Law School, Noida

Introduction

Human rights violations are common in India, they are frequent in the lives of people involved in prostitution and sex work. Discrimination against sex workers is as important as the discrimination faced by people by race, caste, color, and religion in India. Sex work was not treated as work, but as an immoral lifestyle to taint the "innocent" people. The rights of sex workers and their families are often ignored, and women who are involved in sex work do not have access to good healthcare facilities. They are often subject to abuse, harassment, violence, and exploitation by police and government officials, even their children faced harassment in school and the workplace.

Definition

A sex worker is a person who works in the sex industry and provides sex work which can be regular or occasionally. The term is used for the person who works in all areas of the sex industry.

Most sex workers sell sex to meet their daily needs. Poverty and lack of education is the prime reason for one to become a sex worker.

Statistics in India

According to the philanthropic foundation Dasra, the Hummingbird Trust, and Kamonohashi Project, there are 3 million women are involved in commercial sex work, which is increased by 50% from 1997.

In India, more than 35 percent of minor girls are involved in commercial activity. Unfortunately, among them, 60 percent of minor girls are trafficked and forced to work in sex activity.

Maharashtra tops the list, 25 percent of women engaged in commercial sex work followed by west Bengal with 13 percent.

The immoral traffic (prevention) Act, 1956.

Sex worker:

Sex workers who are seduced and solicit shall be punishable. Call girls cannot publish their phone numbers to the public, they can be Imprisonment for 6 months with a fine.

Prostitution near public places or notified areas is punishable with Imprisonment of 3 months with a fine.

Client:

A client is a person who is guilty of being associated with prostitutes, he can be charged if he engaged in a sex act with a sex worker within 200 yards of a public place and notified area. He can be liable with Imprisonment of 3 months. He can be punished if the sex worker is below the age of 18 with Imprisonment of 7 to 10 years. Any adult male living with a sex worker is assumed to be guilty unless he proves otherwise.

Brothel:

The brothel is illegal in India. It can be punishable with Imprisonment of 1 to 3 years alone with a fine for the first offense. Detaining someone at a brothel for prostitution is punishable with Imprisonment of more than 7 years. Prostitution in a hotel is a criminal offense.

Human Trafficking:

Human Trafficking for prostitution is punishable with Imprisonment of 7 years with a fine for the first offender or life Imprisonment.

Rescued women:

The government is legally obligated to provide rehabilitation for recused sex workers and provide protection at home. 

Sex work as a profession

In the year 2011, Buddhadev Karmaskar v. State of west Bengal & ors led the Supreme court to that under article 21 of the constitution, sex workers have a right to dignity which ensures the right to life and livelihood.

In the year 2019, the Calcutta high court stated that under the immoral traffic (prevention) Act, 1956, no sex worker exploited for commercial sex can be tried as an accused unless there is substantial evidence claiming that the sex worker is a co-conspirator in the crime.

In the year 2020, the Bombay high court released three sex worker women jailed at a state correctional institution, stating that sex work was not a criminal offense and every adult woman had the right to choose her profession.

In the year 2022, the historical order has been given by a three-judge bench of the Supreme court, that recognition of sex work as a “profession” and sex workers are entitled to dignity and equal protection under the law. It issued guidelines along the lines that police must take a complaint of sex workers who is a victim of any offense and act by law.

When a brothel is raided, the child of a sex worker should not be separated from the mother, merely on the ground that she is involved in the sex trade. The police should not abuse them, police must treat sex workers equally and with dignity.

Gauri Sawant

Gauri Sawant is a transgender activist. She was born Ganesh Suresh Sawant in a conservative family. At the very early age of 9, she realized that she is different from others.

Gauri adopted a girl Gayatri when she found out that the child has lost her biological mother, who was a sex worker, and that girl would be sold off. Gauri has a plan for ensuring children of sex workers do not get trafficked into prostitution.

Currently, Gauri is building a house for children of sex workers, using her land. Gauri believed that if children are given the right education, love, and environment, they will thrive.

Conclusion

Mumbai and Kolkata have the largest brothels of prostitution with over 100000 sex workers in Mumbai. It is estimated that HIV cases have decreased in the past few decades. Not only HIV but other diseases have decreased among sex workers. Reaching sex worker women in the brothel is quite difficult due to shelter. Government must provide rehabilitation to the rescued sex worker. They should not be decriminalized on the basis of their profession, sometimes their children become a victim of harassment due to their parent’s profession. Many times, police refused to register an offense against sex workers due to their profession.

 

Reference

1.https://www.google.co.in/amp/s/www.indiatimes.com/amp/explainers/news/who-are-sex-workers-and-why-sc-used-its-special-power-to-ensure-them-a-dignified-life-570706.html

2.https://www.google.co.in/amp/s/www.indiatoday.in/amp/diu/story/sex-workers-india-most-prevalent-in-southern-states-1955146-2022-05-27

3.https://thediplomat.com/2022/06/indias-supreme-court-recognizes-sex-work-as-a-profession/#:~:text=%E2%80%9CSex%20workers%20are%20entitled%20to,action%2C%E2%80%9D%20the%20court%20ruled

4. https://milaap.org/fundraisers/gauri-sawant

 Human Rights Education (aihru.org)

All India Human Rights Association (AIHRA)