MUCH has been said in the last few days about women soliciting sex work around the city centre and near places of worship. There are those who take offence to sex workers hanging around such sanctum sanctorum and also around the homes of ‘respectable’ folks in and around that area. The police have got on the job and arrested the sex workers and pimps who connect sex workers to customers. But what happens thereafter? Will commercial sex stop and things get back to normal? Last year the Department of Sociology, KL Bajoria College in a bold and groundbreaking move organised the firsts ever panel discussion on the theme – Prostitution in India: A Perspective. The event drew eminent speakers from across the country who looked at the issue from the lenses of human rights, law, academia, media and social activism. The panellists discussed human rights and sex workers agency, the right to health of sex workers and their safety. Throughout the session, a recurring message resonated: the need to shift from moralistic judgments to a human rights-based approach. Speakers called for laws and policies that listen to the lived experiences of sex workers, dismantle stigma, and prioritize dignity and safety over punitive measures.
True the problem of trafficking is real and every now and again there are reports of young, unsuspecting girls being trafficked for sex work after being lured with the promise of a job. These are issues that ought to be discussed by the State Social Welfare Department. At the end of the day if sex work is fetching some people a livelihood then weaning the sex workers away from that ‘work’ also means providing them alternative sources of livelihoods. Unfortunately, this society has learned to demonise sex workers, drug users and even people with mental health problems. Society is quicker to condemn than to offer an empathetic ear to the problems faced by the so-called ‘dregs’ of society. When the complainants against sex workers happen to be people with political capital the law takes the complaints seriously and carry out raids. If only the law enforcers showed the same alacrity in tackling other high profile law breakers such as those involved in the raising of the dome atop the new Assembly building, which then came tumbling down due to shoddy work, they might receive more public adulation.
Law enforcement vis a vis sex workers is still a grey area. Hiring a prostitute in private between consenting adults is not an offense under Indian law. But hiring a prostitute for public solicitation, involving minors, or in exploitative situations is illegal and punishable. There are numerous judgments passed by the Supreme Court of India repeatedly affirming that sex workers are citizens and must receive the same fundamental rights under Articles 14, 19, and 21 of the Constitution of India. The courts have protected them from harassment, illegal detention, and stigmatization, clarifying that being a sex worker itself is not a crime, provided there is no trafficking or exploitation involved. Important steps ordered include establishing safe areas and welfare schemes for sex workers and their children. The need for a database for the number of people involved in prostitution is important if government is to wean them from this trade, since stark poverty is the main cause driving women, men and transgenders into prostitution. It’s time to rethink long-held assumptions and reimagine a more just and compassionate future for sex workers.
