BEFORE THE JUDICIAL TRAINING AND

RESEARCH INSTITUTE

RESEARCH PROJECT DURING THE PERIOD OF INTERNSHIP AT

JTRI, LUCKNOW.

(10TH DECEMBER - 31ST DECEMBER 2018)

RESEARCH TOPIC: FRAMEWORK ON HUMAN RIGHTS OF SEX WORKERS

SUBMITTED BY: UNDER THE

GUIDANCE OF:
NIVEDITA SINGH KC SINGH

VIITH SEMESTER DEPUTY DIRECTOR

DR. RAM MANOHAR LOHIA JTRI .

NATIONAL LAW

UNIVERSITY
 FRAMEWORK ON HUMAN RIGHTS OF SEX WORKERS

 Introduction

 Definition of sexual violence and prostitution

 History of prostitution

 Feminist and Human Rights perspective

 Prostitution and its conceptual framework

 Places prostitution is already legalized

 Current Scenario

 National perspective

 International perspective

 CEDAW

 Pros and Cons of legalization of prostitution

 Critical Analysis

 Suggestions

 Conclusion
 INTRODUCTION

Contrasted with a century ago, today prostitution in India has thrived into an undeniable
multibillion dollar industry alone in India, with around two hundred thousand brothels, a large
number of business sex workers and this all only for purpose of money. For a long time, the base
for client-age of the Prostitution in India use to be truck drivers, migrant workers, but as a
growing trend it seems to clients from every section of society. Now a day's even men have
found prostitution as an easy way to earn quick money. Presently, even men have discovered
prostitution as a simple method to acquire speedy money.

Prostitution is regarded in India as the oldest profession of all time. Sex workers are also referred
to as "tawaif or devdasi" and its history can be traced back to 4000 years to ancient Babylon. The
industry is not only driven by physical pleasure alone, instead, it is largely driven by
psychological and economical distresses, which drive a lot, people to enter prostitution.

DEFINITION OF SEXUAL VIOLENCE AND PROSTITUTION

Sexual violence is defined as: any sexual act, attempt to obtain a sexual act, unwanted sexual
comments or advances, or acts to traffic, or otherwise directed, against a person’s sexuality using
coercion, by any person regardless of their relationship to the victim, in any setting, including but
not limited to home and work1.

The oxford dictionary defines "prostitution" as 'The practice or occupation of engaging in sexual
activity with someone for payment'.

1
Sexual Violence <https://www.who.int> (last accessed on 11th December 2018)
HISTORY OF PROSTITUTION

Prostitution was a theme of Indian arts and literature for centuries. In Indian mythology, there are
a lot of references serving as a high class prostitute in the form of celestial demigod. They are
usually referred to as Rambha, Menaka, Urvashi as well as Thilothamma. These prostitutes are
describes as excellent embodiments of beauty and feminine charms.

Even during mughals and the medieval period, they were treated with royalty. They even
appeared in movies. Some of these movies provided an insight into the plights of prostitution in
India. However, the fact still lies hidden.

Today, many girls are kidnapped, tricked or some pick prostitution as a profession in India to
raise money in order to support their families. In one of the survey it was found that a third of all
prostitutes in India enter this trade because of poverty and more than a fourth opts the profession
of prostitution in India after marital problems.

FEMINIST AND HUMAN RIGHTS PERSPECTIVE OF PROSTITUTION

Sex workers are a population that has been controlled by the law in a way that no other
population has been. One thing is regular to altogether different legal regimes, including diverse
types of prohibitionist, abolitionist and regulationist approaches is the unpredictability of these
frameworks and the huge grey areas in the middle of lawful and illicit circles. Further, the usage
of (various) prostitution strategies is described by wide and regularly self-assertive activities of
intensity by the enforcement offices, regardless of whether the police, the gathering or social
welfare, and focusing of the most helpless sex workers – those working on the road. Framed in
an unexpected way, all lawful routines have genuine human rights Implications2.

Maltreatment of the human rights of sex workers are common under all regimes 3, regardless of
whether we talk about obligatory registration or STD testing under a few routines; dangers to
security and risk of homelessness under the criminalization of customers regimes; or subjective
arrests and police violence under prohibitionist routines. Further, prostitution polices, especially
their implementation, have a strong gender dimension; not exclusively are the dominant part of

2
Prostitution as a Human Right: an Oxymoron <http://www.egmontinstitute.be> (last accessed on 11th December
2018)
3
Amnesty International policy on state obligations to respect, protect and fulfill the human rights of sex
workers <www.amnesty.org/en/documents/pol30/4062/2016/en/> (last accessed on 11th December 2018)
sex workers women, however women and transsexual individuals frequently encounter
increasingly institutional violence.

In light of this, we need socio-legal, feminist human rights scholarship to offer comprehensive,
methodologically and ethically sound insights into the complex phenomenon of the relationship
between law, human rights, gender and sexuality (and their intersection with other systems of
oppression) in the area of commercial sex4. Research is particularly needed in countries where
prostitution is criminalized and sex workers’ voices are not heard. As feminists, we are
committed to listening to and telling the stories of marginalized women (and transgender
people). Listening to the stories which are usually not heard can also be transformative for us and
challenges our own ideas and preconceptions. Listening to the stories of sex workers may offer
us a way forward from the two camp discussions. Also, as feminist lawyers, we need to give
visibility to and challenge the human rights abuses that sex workers suffer under criminalized
regimes.

PROSTITUTION AND ITS CONCEPTUAL FRAMEWORK

Prostitution is legal in India but only partially. Article 19 (g) of the Indian Constitution which
gives right to practice any profession to the citizens of the country, also allows anyone to
practice this as a profession but unlike other professions it is not legal to practice it, and is
governed by The Immoral Traffic (Suspension) Act, 1956 (SITA) and The Immoral Traffic
(Prevention) Act, 1986 (PITA).

Laws around the world and places where prostitution is already legalized.

States like Canada, Argentina and Netherlands (most prominent and earliest) have taken steps to
decriminalize the profession and have initiated regulation of the industry subjecting into the
labor law of the country like any other 'Normal Profession'. The states have taken such steps to
restore fundamental right to life, liberty and profession and have recognized the job as noble as
any other profession. The prostitutes are duly registered in the employment category and the
municipality is responsible for taking care of the standard of working conditions. The prostitutes
pay taxes and also charge a VAT on the services that they offer. The brothel owners have to take
proper food and liquor license if they serve them.

4
‘Feminist Issues in Prostitution’ <http://www.feministissues.com> (last accessed on 11th December 2018)
In Canada, recently, the 3 main laws prohibiting the profession were struck down altogether by
the highest court of the country by a straight 9-0 ruling. It’s a win for sex workers who've been
seeking safer working conditions, arguing the ban on brothels which forced them out into the
streets and exposed them to more danger. The court has given 1 year of frame to the parliament
for making new laws on the same5.

U.K. does not have the profession illegal per se, however, has made the acts related to it as
illegal. Pandering, Kerb Crawling, Soliciting, Escorting and Pimping are some of the illegal
activities.

Whereas, in, the USA, the act of prostitution or any job related is considered illegal and penalties
apply. Any act of patronizing a brothel, exchanging sexual services and the avails from the same
attract heavy fines and penalties and even imprisonment. Though, Nevada is one where in some
areas, brothels are licensed and hence legal.

HOW FAR THE LAWS RELATING TO DECRIMINALIZATION OF

PROSTITUTION HAVE BEEN REGULATED?

In the countries where prostitution is decriminalized, as per the reports of the police, it has been
really easy to control and regulate the profession since the amendments, as the transparency has
increased. Middlemen can be tackled easily now. However, there are still a number of brothels
operating illegally without licenses to avoid taxes. When a few sex workers were questioned
about what were the changes, the answers were positive as now they do not fear to do the job and
can easily reach out to the police if they need help. A big problem prior to the introduction of
new laws, "Blackmailing has also seen its way out of the industry". Some people complained
that whatever be the amendments, prostitution has still increased, which is not really a problem
but a progress, as prostitution is now a profession and not a crime and booming of an industry is
a sign of progress. So altogether, the scenario has improved especially the conditions and
standards of the prostitutes, transparency, comfort, respect and all that follows.

5
100 Countries and Their Prostitution Policies, 2010, ProCon.org,
<http://prostitution.procon.org/view.resource.php?resourceID=000772> (last accessed on 11th December 2018)
CURRENT SCENARIO (NATIONAL PERSPECTIVE)

Laws Related to Prostitution in India: Constitution of India, under article 23, prohibits
trafficking in every form including commercial sexual exploitation of women and girls. We have
special legislations like Immoral Traffic (Prevention) and Immoral Traffic (Suppression)
Act and local legislation like Goa Children’s Act etc. in addition to the provisions in the IPC
(Indian Penal Code).

IMMORAL TRAFFIC (SUPPRESSION) ACT 1956 - In India, the law is dubious on the
profession itself. The law essentially deals straightforwardly with the sex workers in IMMORAL
TRAFFIC (SUPPRESSION) ACT 1956. Under this act, sex workers are allowed to practice their
profession secretly. Yet, the law scowls at soliciting for clients in broad daylight.

Specifically, the IMMORAL TRAFFIC (SUPPRESSION) ACT 1956 prohibits sex workers from
practicing their work inside 200yards from an open place. Under ordinary labor law, sex workers
are not secured, but rather they have the privilege to Rehabilitation and protect on their desire.
Sex workers additionally enjoy same right and benefits as same as other citizens.

Essentially, the IMMORAL TRAFFIC (SUPPRESSION) act 1956 is not regularly utilized. The
prior law INDIAN PENAL CODE is often utilized persecute sex workers for public decency or
public nuisance. Attempt to revise the IMMORAL TRAFFIC (SUPPRESSION) ACT 1956 have
severally been opposed by the health ministry.

IMMORAL TRAFFIC (PREVENTION) ACT 1956 - the main statute dealing with sex work
in India, does not criminalize prostitution or prostitutes per se, but mostly punishes acts by third
parties facilitating prostitution like brothel keeping, living off earnings and procuring, even
where sex work is not coerced

Section 36: Punishment for keeping a Brothel or allowing premises to be used as a Brothel

(1) Any person who keeps or manages, or acts or assists in the keeping or management of, a
brothel, shall be punishable on first conviction with rigorous imprisonment for a term of not less
than one year and not more than three years and also with fine which may extend to two
thousand rupees and in the event of a second or subsequent to conviction with rigorous
imprisonment for a term of not less than two years and not more than five years and also with
fine which may extend to two thousand rupees.

(2) Any person who, -

6
Immoral Traffic (Prevention) Act 1956
(a) Being the tenant, lessee, occupier or person in charge of any premises, uses, or knowingly
allows any other person to use, such premises or any part thereof as a brothel, or

(b) Being the owner, lesser or landlord of any premises or the agent of such owner, lessor or
landlord, lets the same or any part thereof with the knowledge that the same or any part thereof is
intended to be used as a brothel, or is willfully a party to the use of such premises or any part
there of as a brothel, shall be punishable on first conviction with imprisonment for a term which
may extend to two years and with fine which may extend to two thousand rupees and in the event
of a second or subsequent conviction, with rigorous imprisonment for a term which may extend
to five years and also with fine.

(2-A) For the purposes of sub-section (2), it shall be presumed, until the contrary is proved, that
any person referred to in clause (a) or clause (b) of that subsection, is knowingly allowing the
premises or any part thereof to be used as a brothel or, as the case may be, has knowledge that
the premises or any part thereof are being used as a brothel, if, -

(a) A report is published in a newspaper having circulation in the area in which such person
resides to the effect that the premises or any part thereof have been found to be used for
prostitution as a result of a search made under this Act; or

(b) A copy of the list of all things found during the search referred to in clause (a) is given to
such person

Section 57: Procuring, inducing or taking person for the sake of prostitution.

(1) Any person who-

(a) Procures or attempts to procure a person whether with or without his/her consent, for the
purpose of prostitution; or

(b) Induces a person to go from any place, with the intent that he/she may for the purpose of
prostitution become the inmate of, or frequent a brothel; or

(c) Takes or attempts to take a person or causes a person to be taken, from one place to another
with a view to his/her carrying on, or being brought up to carry on prostitution; or

(d) Causes or induces a person to carry on prostitution; shall be punishable on conviction with
rigorous imprisonment for a term of not less than three years and not more than seven years and
also with fine which may extend to two thousand rupees, and if any offence under this sub-
section is committed against the will of any person, the punishment of imprisonment for a term
of seven years shall extend to imprisonment for a term of fourteen years:

7
Immoral Traffic (Prevention) Act 1956
Provided that if the person in respect of whom an offence committed under this subsection, -

(i) Is a child, the punishment provided under this sub-section shall extend to rigorous
imprisonment for a term of not less than seven years but may extend to life; and

(ii) Is a minor; the punishment provided under this sub-section shall extend to rigorous
imprisonment for a term of not less than seven years and not more than fourteen years.

So it can be seen that both the sections namely section 3 and section 5 punishes only the acts of
the 3rd party and same does the other sections in the Act and so new legislation shall be passed
as to punish the client who are visiting the prostitutes.

The law enforcement scenario, seen from the traditional view point, presents a dismal picture.
The Action Research conducted by the National Human Rights Commission, during 2002 -2004
shows that the major issues in the existing scenario of law enforcement are as follows:

 Lack of priority: The law enforcement agencies and justice delivery agencies for various
reasons, give lowest or nil priority to HT issues.

 Insensitivity: Lack of sensitivity is a major challenge in response to human trafficking. It

is more of an attitudinal issue.

 Victimization of the victim: More often trafficked women have been arrested ad
penalized as ‘soliciting persons; The NHRC study shows that around 85 to 90 per cent of
the arrested women are victims of trafficking.

 Improper investigation: Whereas a trafficking crime extends across a large canvas as

the scene of crime, starting from the source point and extending to the transit places as
well as the destination areas, the investigation is more often unheard and unrepresented.

 Database: One of the major drawbacks in law enforcement is the fact that there is no
database of traffickers and other exploiters. There is no sharing of intelligence among the
stake holders and therefore, the offenders indeed act with impunity.
INTERNATIONAL PERSPECTIVE

United Nations Declaration 1848

Article 1 declares that ‘all human beings are born free and equal in dignity and human rights;
Article 5 prohibits, ‘cruel, inhuman or degrading treatment or punishment’. The 1949 United
Nations Convention entitled ‘The Suppression of the Trafficking in Persons and of the
Exploitation of the Prostitution of Others’ states in its preamble that: ’prostitution and the evils
which accompany it, i.e. the trade in human beings, are incompatible with human dignity and
worth’.8 This instrument recognizes that a woman’s rights are violated whether or not there is
consent. The convention legislates against pimping, brothel keeping and trafficking.

U.N. Convention on the Elimination of All Forms of Discrimination against Women

(CEDAW) 1979

The most important and authoritative international treaty specifically addressing women’s human
rights is the U.N. Convention on the Elimination of All Forms of Discrimination Against
Women.

In Part I of the text of the convention Article 6 states that:

‘State parties shall take all appropriate measures including legislation, to suppress all forms of
traffic in women and exploitation of prostitution of women’9.

Initiated during the UN decade for Women, adopted by the General U.N. Assembly in 1979 and
ratified by over 177 countries by 2004. Ireland ratified in December 1985. CEDAW is the first
international treaty to fully address fundamental human rights for women in politics, health care,
education, economics, employment, law, property and marriage and family relations.

8
The Suppression of the Trafficking in Persons and of the Exploitation of the Prostitution of Others’
<www.ohchr.org/english/law/traffic/persons.htm> (last accessed on 11th December 2018)
9
Trafficking and prostitution < https://www.unicef.org/gender/files/CEDAW> (last accessed on 11th December
2018)
State parties to the convention are legally bound to put provisions in place to implement their
obligations to protect and uphold women’s human rights. The CEDAW committee monitors
progress for women in countries that are state parties. Each party must submit reports on at least
a four yearly basis giving account of measures taken. The committee can issue recommendations
where necessary. The Irish government submitted its combined fourth and fifth report in 2005.

UN World Conference on Human Rights Vienna 1993.

The Vienna Declaration and Programme of Action adopted by the world conference declares that
‘The human rights of women and of the girl-child are an inalienable integral and indivisible part
of universal human rights’ 10 Article 18 states that

‘Gender-based violence and all forms of sexual harassment and exploitation, including
those resulting from cultural prejudice and international trafficking, are incompatible
with the dignity and worth of the human person, and must be eliminated. This can be
achieved by legal measures and through national action and international cooperation in
such fields as economic and social development, education, safe maternity and health
care, and social support.

U.N. Declaration on Elimination of Violence against Women 1993

In Article 1, this Declaration adopts a broad definition of violence against women as

‘ any act of gender-based violence that results in, or is likely to result in, physical, sexual or
psychological harm or suffering to women, including threats of such acts, coercion or arbitrary
deprivation of liberty, whether occurring in public or in private life’.
Article 2 (b) targets
‘Physical, sexual and psychological violence occurring within the general community, including
rape, sexual abuse, sexual harassment and intimidation at work, in educational institutions and
elsewhere, trafficking in women and forced prostitution;11
Since 1991 The European Parliament has passed resolutions opposing prostitution, e.g. most
recently the European Parliament resolution on the current situation in combating violence
10
Human Rights Vienna 1993, <https://www.ohchr.org> (last accessed on 11th December 2018)

11
U.N.General Assembly resolution 48/104
against women and any future action. In that resolution, among several recommendations to
governments on taking measures to combat gender violence, recommendation (i) urges member
governments ‘to combat the idea that working as a prostitute can be equated with doing a job’12.

PROS AND CONS OF LEGALIZATION OF PROSTITUTION

PROS
No governments, regardless of how hard they have attempted, have been effective in annulling
prostitution. Prostitution is a reality and the chances of disposing of it are basically nil. By
legitimizing prostitution, we additionally sanction the battle against Sexually Transmitted
Diseases (STDs) and the AIDS epidemic. Much the same as laws have figured out how to do
away with untouchability, sanctioning prostitution will offer dignity to sex-workers and spare
them from living as second grade citizens. A different center point can be made for it and health
of sex workers can be observed. Legitimization will prevent police from extorting money from
the defenseless sex workers who are compelled to give a piece of their pay to the policemen to
give them a chance to live in harmony. Legitimization of the profession will at any rate give a
human face to the profession, where sex workers are, treated as outcastes.

Standards ought to be spread out for enrollment as far as space, cleanliness and medical facilities
are accessible. There ought to be periodical medicinal registration, and it must be made
obligatory for each person in the profession to have an appropriate health certificate. Brothels
ought to likewise be taxed like some other business house, and a specific sum ought to be
reserved by the government for giving medical facilities to sex workers. Their families and
particularly their kids ought to be dealt with immense care. A rehabilitation program for sex
workers needing to quit ought to likewise be worked out. Sex workers should be made to work
just in the allotted zones. Brothels must be arranged far from residential areas and educational
establishments.

In India women are constrained into prostitution because of poverty and illiteracy. So women in
this profession progress toward becoming bearers of AIDS and other deadly diseases. To battle
with this circumstance, women associations can be acquired to work at the grass-root level and to

12
U.N. Declaration on Elimination of Violence against Women 1993 <www.europarl.europa.eu/omk/sipade3> (last
accessed on 11th December 2018)
shape a connection between the sex workers and the government.

CONS

As it is stated, every coin has 2 sides legalization of prostitution also has a few shortcomings: It
would profit the facilitators and the pimps, not their victims. In India, where women are
constrained into the trade and kept in it relatively like bonded labor, such a move won't benefit
them. Commercial sexual abuse is a type of subjugation and slavery cannot be authorized. India
should not compare itself to other Western nations, where prostitution appreciates lawful status
on the grounds that our societal traditions are not like those in the West. So giving this business a
legal status just means society is giving approval of flesh trade. Some critics say, prostitution
wrecks identity and influences marriage relationships. Prostitution influences family life,
communicates diseases and therefore brings social disruption.
SUGGESTIONS

POSSIBLE SOLUTIONS:

The problem of prostitution is very complex one since it is deeply rooted in the society. Thus, it
has to be handled from two angles

1. Preventing new incumbents from entering prostitution

2. Rehabilitating women who are already in prostitution.

PREVENTIVE PROGRAMS:

Counseling and directing projects with a view to teach public concerning the causes and issues of
sex workers combined with sex education is need of great importance. An ever increasing
number of economic opportunities ought to be made accessible to the vulnerable women against
prostitution. Police should be coordinated to register cases identified with abduction or abuse
related with young girls on13. Following advances should likewise be taken to ensure effective
prevention:

 Community Policing: The idea of Community Policing should be made

popular, with the goal that involvement of people and NGO's in Policing
should be done, so as to combat and battle prostitution .Community
Policing is a philosophy dependent on the paradigm of tackling issue in
collaboration where police goes about as a facilitator and network is made
to share responsibility.

 Second Generation Prevention: Problem of prostitution can be limited, if

the children of the sex workers are given respectable future. A Beginning
has been made by Prajwala; an anti trafficking association of Andra
Pradesh. Endeavors are being made by the association to explore
association and independent work choices for the survivors.
 Synergy : The UNODC ( United Nations Office on Drugs and Crime),
New Delhi, in association with Government of India and State
Government offices and civil society partners has set up Anti-Human
Trafficking Units (AHTU) at Andra Pradesh, Goa, and West Bengal.

13
Dr. Tulsing sonwani , PROSTITUTION IN INDIAN SOCIETY: ISSUES, TRENDS AND REHABLITATION
<https://www.ugc.ac.in> (last accessed on 12th December 2018)
 These units with the assistance of trained personals are having tremendous
effect in law enforcement situation of India. The AHTUs in Andra Pradesh
have rescued in more than 700 victims of which more than 100 are
youngsters below 18 years old in a range of a 6 months. They have
likewise captured in more than 1000 offenders including 300 customers14.
Such units ought to be set up in all States and Union Territories of India.

14
Biswajit Ghosh, Trafficking in women and children in India: nature, dimensions and strategies for prevention
< https://www.researchgate.net/publication/> (last accessed on 12th December 2018)
REHABILITATIVE AND FOLLOW-UP PROGRAMMES:

Because of steady efforts of the NGO's social workers and other social development association
it has been understood that prostitution is one of the most increasing social evil and must be
wiped out at the earliest. This should be possible through a concrete methodology and activity
plan of which rehabilitation is an indispensable part.

Rehabilitation is both physical and mental. Physical rehabilitation is basically economic though
psychological rehabilitation must be developed through a procedure of assurance and
reassurance. The two must go simultaneously. The first pre-requisite of psychological
rehabilitation is that the freed sex workers must be wrenched far from the old natural
surroundings and be rehabilitated at a place where they will never again subject to the of the
dalals or proprietors of the brothels. Unless they are mentally guaranteed that after their
discharge their overall conditions will enhance, there is possibility that they may slide back to
their old condition. So as to guarantee recovery, it is extremely important that the Government
with the NGOs must advance awareness among the sex workers about their legal status and
rights. A gender sensitive market driven vocational training should to be given to all the rescued
victims. It is observed that the immediate prerequisite of the sex workers is financial security, as
after leaving their old profession they are even unfit to earn their livings. In this manner, a co-
operative credit society lead by the NGOs on their own or with the help of the government is the
need of the hour. This exertion will spare them from the abuse of the money lenders and
humiliation by the banks.
 CRITICAL ANALYSIS

SHALL INDIA LEGALIZE PROSTITUTION?

A few people opine that prostitution should be made legal in India and acknowledge them as a
part of society on the grounds that the issue of prostitution is inescapable. The advantage of
legalizing prostitution in India will be that we will have a track record of Sex workers, example,
when dance bar in Bombay were banned the vast majority of the bar artists relocated to Gujarat
and Karnataka and other neighboring states and began their business undercover. Legalizing
prostitution will see these women, who live on the edge all over the place, able to access medical
facilities, which can control the spread of AIDS. There is an extremely strong need to treat the
sex work as some other industry and enable it with legal safeguards.

The pragmatic implications of the profession being legal would bring only benefits for sex
workers and society as a whole. Keeping prostitution illegal also adds to crimes on the grounds
that numerous criminals see sex workers and their customers as appealing targets for theft,
extortion, assault, rape or other criminal acts. The criminals understand that such individuals are
probably not going to report the crimes to police, in light of the fact that the victims would have
to admit they were engaged in the illegal act of prostitution when the attacks occurred, now if the
act that it is legal, they will effectively go and report this to police.

However, those who demand that prostitution should be “legalized” and treated and with
“respect and dignity” at par with all other professions and occupations need to answer a few
basic questions:

 What does the term “legalize” actually imply? Does it mean that a sex worker can open a
brothel any where she likes and advertise her services? Does it mean men or women
supplying call girls should be able to set up an office in any neighborhood they like, just
as doctors set up their clinics, and put up a hoarding outside the house proclaiming that
call girls are available between these hours?

 Since sex trade inevitably comes with sex slavery and violent forms of pornography and
sex trafficking it is essentially mixed up with criminal mafias even in those countries
where it is legalized. If a brothel owner is free to set up shop in a neighborhood, does it
not endanger a person's life? How many among the people who are empathetic towards
the plight of sex workers are willing to allow a brothel right next to their own house?
How many people are willing to let their children grow up amidst an atmosphere where
renting a women’s body for sex is considered a perfectly legitimate activity?
 If majority of people in India do not want to have brothels functioning openly and legally
in their neighborhoods, the only way to make provision for “legal” sex work is if sex
workers agreed to operate in specially designated locations traditionally known as red-
light districts. Sex worker can then seek individual licenses or licenses for registered
brothels. But every sex worker does not want to live in openly identified zones.

 Most women, especially those who operate as high society call girls prefer to operate
surreptitiously, especially those who want to wear the mask of respectability. Most men
who run sex rackets, including trafficking of women would also not want to be openly
known as pimps and procurers. How does the law handle such persons? If people come to
know that a person of their neighborhood is using his premises to run a call-girl racket,
do they have the right to seek its removal or demand that the call-girl centre be shifted to
a red-light district after the trade is legalized? Or does it mean other citizens have to
suffer the presence of such activities in the name of “respecting” the rights of sex workers
to an occupation of their choice and thereby endanger their own lives?

 Those who demand that sex work be given the same “respect” as any other profession,
need to explain whose duty it is to give or ensure “respect” for sex workers and pimps
who are their “helpmates”. Is the government expected to enact a law requiring people
not to shun sex workers, as for instance it did to ban the practice of untouchability?
 CONCLUSION

While gender inequality and discrimination certainly have an influence on a woman’s decision to
enter sex work, criminalizing women for those choices does nothing to protect their human
rights. Decriminalization of sex work can ensure that sex workers are no longer seen or treated as
criminals, which means they will be less susceptible to abuse. Protecting the human rights of sex
workers and decriminalizing sex work will require vast efforts on every level i.e., from federal,
state, and local governments, to judiciary bodies and civil society and nonprofit organizations.
However, if countries uphold their international obligations and consider holistic approaches to
combating this harmful practice, the destigmatization and full protection of the human rights of
sex workers is certainly within reach.

They suffer, and I catch only the surface.

The rest is inexpressible, beyond
What can be recorded? You can't be them.
If they'd talk to you, you might guess
What pain is like….

Douglas Dunn
 REFERENCES

LEGISLATION

 Immoral Traffic (Prevention) Act 1956

 Declaration on the Elimination of Violence against Women 1993
 Human Rights Vienna 1993

ONLINE SOURCES

 Sexual Violence
< https://www.who.int >
 Prostitution as a Human Right: an Oxymoron
< http://www.egmontinstitute.be >
 Amnesty International policy on state obligations to respect, protect and fulfill the human
rights of sex workers
< www.amnesty.org/en/documents/pol30/4062/2016/en/ >
 ‘Feminist Issues in Prostitution’
< http://www.feministissues.com >
 100 Countries and Their Prostitution Policies, 2010, ProCon.org,
< http://prostitution.procon.org/view.resource.php?resourceID=000772 >
 The Suppression of the Trafficking in Persons and of the Exploitation of the Prostitution
of Others’
< www.ohchr.org/english/law/traffic/persons.htm >
 Trafficking and prostitution
< https://www.unicef.org/gender/files/CEDAW >
 U.N. Declaration on Elimination of Violence against Women 1993
< www.europarl.europa.eu/omk/sipade3 >
 Dr. Tulsing sonwani , PROSTITUTION IN INDIAN SOCIETY: ISSUES, TRENDS
AND REHABLITATION
< https://www.ugc.ac.in >
 Biswajit Ghosh, Trafficking in women and children in India: nature, dimensions and
strategies for prevention
< https://www.researchgate.net/publication/ >