Saturday, November 16, 2024
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Without preemptive rights, prostitutes are basically pawns

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By Benjamin Lyngdoh

The alleged events at Marvelene’s Inn are a spark. It is the needle in a haystack. It is simply the tip of an iceberg immersed so deep that moving it would require a monumental effort. However, even before we start jumping the gun and talk and push on monumental issues like structures and physical infrastructure of systems and enforcements, there is a need to get a proper understanding in our cognitions. This is in keeping with the saying ‘everything is in the mind’ and accordingly if the issue is comprehended holistically, the war is already half-won. This is more so in case of social issues like these. Importantly, the society belongs to all. As such, the scope of this writing is way broader than the Marvelene issue thereby touching and focusing on wider problems, related thinking and possible ways out. They are laid out in the following pointers –

Firstly, the word relating to paid sex has evolved over time. Normally, those involved in paid sex have always been known as prostitutes, the most common of terms. However, these days there are other terms to describe them such as sex workers, call girls, escorts, courtesans or stripper etc., Moreover, paid sex is not gender specific but gender neutral. It includes males as well  (gigolo), albeit on a smaller scale. Although the terms other than prostitute seem less degrading and demeaning, in general there is no solace from the same type of abuse and physical assault. As such, this difference in terms is purely academic. In actuality, for the people who are really under the sword, these terms have no meaning at all. In the particular context of Shillong, the word befitting is prostitution as it implies the excesses they have to undergo befitting the description of a whore or hooker. As rough and insensitive as the words that I am using sound, the basic idea is to help us wake uo to the gravity of the problem we are grappling with. In general, the domination, abuse and damnation involved and imposed in paid sex are detestable. There is enough documentation (both print and electronic) to this effect.

Secondly and in relation to the above, the question at hand is who are these prostitutes? As against the many responses and counter responses, one thing is clear; no one gets into prostitution by choice. It is always a compulsion. This force may be from a second or third party or even self-imposed. Be that as it may, the primary and tipping reason is economic. Moreover, in cases where an economic problem is combined with social isolation and abandonment, the problem is dire indeed. In addition to this painful situation, we must not lose sight of a very important point which is that they are part and parcel of our society. We can say that the presence of prostitution is basically the failure of society. Hence, we have no right to feel holier than thou and stigmatize them. In fact the stigma is on us for letting it happen and to thrive. Under such a situation, the critical question is – don’t they deserve rights? Don’t they deserve a place in society? As far as my view goes, as prostitution has emerged out of the asymmetries and shortcomings of our societies, prostitutes must be given rights so that they may feel protected and covered whilst struggling through an act which is highly uncertain, risky and unsafe.

Thirdly and flowing from the above, I am sure as conservative as the Khasi community is, this paragraph will raise eyebrows (and maybe anger). However, let us be a little level headed and think over it a bit. After all, this is a discussion and we must have disagreements at the initial stages of discourse. So here it goes. The fact is, if we are going to talk of rights; rights which will preempt any hazardous and degrading acts against the prostitutes, the available option is legalization. In fact, this is the only way in which the prostitutes can be protected and cared for. As such, they will have a place in society and more importantly the sex-related abuses and assaults on them will mitigate and gradually stop. Importantly we have to be absolutely clear about one point, legalization does not mean promotion of the act; rather it will help in curtailing the act and allocate provisions for their rehabilitation and progress. In the process, under-aged girls/boys will be protected from getting into it and if at any stage anyone wants to get out of it, they can do so through viable and established exit provisions. In such a case, no pimp can hold them back and force them against their will. Moreover, to the very obvious question as to why should we legalize something which is so socially unacceptable, the answer is two-fold. Firstly, as stated in the earlier paragraph, we have to candidly accept that there are asymmetries and shortcomings in our societies and secondly, if a client wants to go for it, he can and he will, and in the absence of preemptive rights for prostitutes there is nothing to stop a client. So here is the real catch (in a situation where rights are present), if a client goes for it, he’ll know that there are rights and laws (both preemptive and punishable) by which the prostitutes are protected and covered. This only ought to be good as far as care and welfare for the prostitutes is concerned.

Fourthly, one can only feel for the lives of the prostitutes and as a result of which the above argument for preemptive rights resonates. Fact is, if one is to hang around certain junctions of Police Bazar at certain hours of the day/night, one will amply see their plight. They are dressed up to the best of their affordability (and it does seem they can’t afford much) and more sadly they masquerade a fake smile that poorly hides their sense of helplessness and defeat. Moreover, some of them even have children to fend for. Depressingly, over time you will find some faces missing. Question is what has happened to them? I only hope that they are rehabilitated and have moved on to a better life away from prostitution. However, as negative as the human mind works one cannot but fear for their lives as well. Moreover, fee wise it is all a matter of bargain with negotiations normally placed by the female starting with Rs. 2500-3000 onwards but helplessly eventually agreeing to as less a fee as Rs. 700-500. This is the social issue we are faced with. Is the governance (across all levels) aware of this? I am sure it is, however, are we going to do something about it? One can only wonder; and I feel we are going to wonder still.

Lastly, against the backdrop of all this, prostitutes are basically pawns. They are used and sacrificed beyond doubt. It is time to reverse the trend. To this the starting point is to think for their rights and protection. A proper and dedicated legislation will help achieve this. After all, to use the words of the game of chess, even if they cannot be accepted as queens anymore, at least let us give them the rights of a horse and the protection of a rook.

(The Author teaches at NEHU)

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