High time to legalise prostitution
By Tripti Tandon,
For the last sixty years, sex workers have lived under an ambiguous law that neither prohibits nor permits sex work.
Enacted in 1956, the Suppression of Immoral Traffic Act (SITA) – as the law was called then, was preceded by discussion on the socio-economic condition of sex workers and obligations under the Convention for the Suppression of Traffic in Persons and of the Exploitation of Prostitution of Others, 1949, which India had signed.
Ultimately, Parliament accepted that the law could take care of the public manifestation of sex work but not the private act of consensual sex for consideration. Under SITA, prostitution was defined as “the act of a female offering her body for promiscuous sexual intercourse for hire, whether in money or in kind”. This conduct was not made punishable. And when sex workers were sought to be prosecuted, courts clarified that “the purpose of SITA is to inhibit prostitution as an organised means of living. The idea is not to render prostitution per se a criminal offence, or to punish a woman merely because she prostitutes herself.”
What the law did criminalise was soliciting, engaging in sex work in public places, keeping or managing a brothel, pimping and procuring. The net effect was that sex workers were left with no place or means to carry on their trade, except their own homes. That too, attracted censure as the Magistrate could order a sex worker to remove herself from any place and forbid re-entry.
The law became more vague after the 1986 amendment, when it was renamed Immoral Traffic (Prevention) Act, 1956 (ITPA). The statute was made gender-neutral and stringent penalties were added for child prostitution. But the most defining change was in the understanding of sex work.
Under ITPA, prostitution was redefined as “sexual exploitation or abuse of persons for commercial purposes and the word prostitute shall be construed accordingly.” Significantly, not only were the elements of ‘exploitation and abuse’ emphasised, but words that made prostitution synonymous with consensual sex for consideration were deleted altogether.
Ordinarily, ‘exploitation or abuse’ refers to situations where someone is taking unfair advantage of another. The question in the context of sex work is – who is exploiting whom? Is the sex worker exploiting himself/ herself by offering sexual services?
Or is the person who pays or offers to pay for sexual services exploiting the sex worker? And can the advantage – material gain for the sex worker and pleasure for the buyer, be considered unfair? And would this transaction partake the nature of ‘sexual exploitation for a commercial purpose’ within the ambit of ITPA?
Indiscriminate use of ITPA
Consensual sex cannot be termed sexual exploitation. But ITPA is applied indiscriminately. Brothels are raided, as are parlours, spas and other similarly situated establishments, on the suspicion that the place is being used to carry on prostitution. Police enter premises and remove women; some are arrested as ‘madams’, while others are labeled ‘victims’ and detained in ‘protective’ homes.
Never mind their age or willingness. Actions that violate the liberty, privacy and autonomy of adults go unquestioned owing to the ambiguity in ITPA. At the same time, cases involving coercion go unpunished, because ambiguity creates loopholes, which is an ideal ground for acquittal. This is where the law requires change. Calls for sex work law reform are not attempts to legitimise exploitation. Certain anti-trafficking groups claim that if ITPA is amended or abolished, trafficking will proliferate. Of course, the same groups also claim that trafficking in women and girls has increased multifold, notwithstanding the ITPA.
With the Criminal Law Amendment of 2013, the Indian Penal Code is armed with stiff provisions against trafficking. Section 370 punishes trafficking in persons for all purposes including sexual exploitation. The ITPA, which exclusively targets sex work and punishes acts that have no connection with trafficking, is redundant.
The International Labor Organisation estimates that worldwide, there are 14.2 million victims of forced labour compared with 4.5 million victims of sexual exploitation. Yet, anti-trafficking crusaders, including governments selectively focus on sex work, ignoring trafficking in other sectors. This has only weakened the response to trafficking.
A good start to legislating sex work would be to remove specific legislation like ITPA and applying laws for everyone else, be it crime, contract, labour, health security or trafficking.
(The writer is an Advocate and Deputy Director with the Lawyers Collective, New Delhi)
Comments on this Article | |
Jossey Saldanha, Mumbai | Thu, March-5-2015, 6:49 |
Alfredo is eagerly waiting ... Agree[2]
|
Please note that under 66A of the IT Act, sending offensive or menacing messages through electronic communication service and sending false messages to cheat, mislead or deceive people or to cause annoyance to them is punishable. It is obligatory on kemmannu.com to provide the IP address and other details of senders of such comments, to the authority concerned upon request. Hence, sending offensive comments using kemmannu.com will be purely at your own risk, and in no way will Kemmannu.com be held responsible.
Similarly, Kemmannu.com reserves the right to edit / block / delete the messages without notice any content received from readers.
Rozaricho Gaanch April, 2024 - Ester issue
Final Journey Of Theresa D’Souza (79 years) | LIVE From Kemmannu | Udupi |
Invest Smart and Earn Big!
Creating a World of Peaceful Stay!
For the Future Perfect Life that you Deserve! Contact : Rohan Corporation, Mangalore.
Final Journey Of Joe Victor Lewis (46 years) | LIVE From Kemmannu | Organ Donor | Udupi |
Milagres Cathedral, Kallianpur, Udupi - Parish Bulletin - Feb 2024 Issue
Easter Vigil 2024 | Holy Saturday | St. Theresa’s Church, Kemmannu, Udupi | LIVE
Way Of Cross on Good Friday 2024 | Live From | St. Theresa’s Church, Kemmannu, Udupi | LIVE
Good Friday 2024 | St. Theresa’s Church, Kemmannu | LIVE | Udupi
2 BHK Flat for sale on the 6th floor of Eden Heritage, Santhekatte, Kallianpur, Udupi
Maundy Thursday 2024 | LIVE From St. Theresa’s Church, Kemmannu | Udupi |
Kemmennu for sale 1 BHK 628 sqft, Air Conditioned flat
Symphony98 Releases Soul-Stirring Rendition of Lenten Hymn "Khursa Thain"
Palm Sunday 2024 at St. Theresa’s Church, Kemmannu | LIVE
Final Journey of Patrick Oliveira (83 years) || LIVE From Kemmannu
Carmel School Science Exhibition Day || Kmmannu Channel
Final Journey of Prakash Crasta | LIVE From Kemmannu || Kemmannu Channel
ಪ್ರಗತಿ ಮಹಿಳಾ ಮಹಾ ಸಂಘ | ಸ್ತ್ರೀಯಾಂಚ್ಯಾ ದಿಸಾಚೊ ಸಂಭ್ರಮ್ 2024 || ಸಾಸ್ತಾನ್ ಘಟಕ್
Valentine’s Day Special❤️||Multi-lingual Covers || Symphony98 From Kemmannu
Rozaricho Gaanch December 2023 issue, Mount Rosary Church Santhekatte Kallianpur, Udupi
An Ernest Appeal From Milagres Cathedral, Kallianpur, Diocese of Udupi
Diocese of Udupi - Uzvd Decennial Special Issue
Final Journey Of Canute Pinto (52 years) | LIVE From Mount Rosary Church | Kallianpura | Udupi
Earth Angels Anniversary | Comedy Show 2024 | Live From St. Theresa’s Church | Kemmannu | Udupi
Confraternity Sunday | St. Theresa’s Church, Kemmannu
Kemmannu Cricket Match 2024 | LIVE from Kemmannu
Naturya - Taste of Namma Udupi - Order NOW
New Management takes over Bannur Mutton, Santhekatte, Kallianpur. Visit us and feel the difference.
Focus Studio, Near Hotel Kidiyoor, Udupi
Earth Angels - Kemmannu Since 2023
Kemmannu Channel - Ktv Live Stream - To Book - Contact Here
Click here for Kemmannu Knn Facebook Link