OVERVIEW

Status of sex workers in India

Introduction
Direction issued by Supreme Court
Brothels and sex workers
Mumbai High Court had given the decision
Important decisions made during the corona epidemic
What does our law say?
What will change in the life of a sex worker if the central government accepts the directions of the Supreme Court?
Can it be misused?
What are the difficulties a sex worker has to face?
History of invisible and conditional government aid by the state
State's response and concerns
What can the government do for sex workers and brothels
Conclusion

Introduction:

There are over 800,000 sex workers in India. However, their numbers are much higher in unofficial figures. Rape can be stopped by sex work. It is necessary to bring a law to ensure the rights of sex workers to physical and emotional violence, their right to life, freedom of labor, health, and reproductive and sexual rights.

The Supreme Court has declared prostitution as a profession like any other profession. Sex workers have the right to equal status and equal protection under the law of the land, as do others. Justice L Nageswara Rao issued the guidelines, which had a three-judge bench. In the guidelines, the bench said, "Sexual workers are also entitled to equal protection and respect in the eyes of the law. If a sex worker is an adult and is doing so under her consent, the police shall be prohibited from interfering with him or taking any criminal action against him." According to Article 21 of the Constitution, every person in this country has the right to lead a dignified life. This is the first time that the country's highest court has given such order regarding prostitution. The court clearly said in these guidelines that the police could not take any action against the voluntary sex workers and their clients.

In recent research with 3000 sex workers across 14 Indian states, it was found that women who had no experience of alternative work had to opt for sex work for better income and livelihood opportunities.

Direction issued by Supreme Court:

When sex workers have sex of their own free will, the police cannot arrest them. Nor should he be punished, harassed, or tortured in any way.
Sex workers cannot be arrested during raids in brothels.
The Sixth Interim Report, dated March 22, 2012, has already recommended that the child of a sex worker, a minor son, or daughter should not be separated from the mother merely because he is engaged in prostitution.
The court also said that the child of a sex worker could not be deprived of the care of his mother.
Further, if a minor is found to be residing in a brothel or with sex workers, it should not be presumed that he has been trafficked.
If a sex worker claims that a minor is her son or daughter, investigate her. For this, a DNA test of that minor child can be done. If the claim is true, the minor will not be forcibly separated.
Along with this, the court also said that the media should not reveal the identity of sex workers. If the sex worker wishes, he can be allowed out of the correctional home.

The court has asked the government to respond to this matter within six weeks. The case's next hearing will be held on July 27 next month.

Brothels and sex workers:

Police are allowed to intervene in a brothel when forced to have sex with a woman against her will, but when forced and against her will to have sex with a sex worker. If made, the police have been stopped from interfering in it.
Due to this decision of the Supreme Court, differences have arisen regarding the work of women. But it illustrates the difference between a brothel and a sex worker.

Mumbai High Court had given the decision:

In September 2020, during the Corona period, the Mumbai High Court ordered the release of three sex workers from the correctional home. During this, the court had said that prostitution is not a crime and, at the same time, adult women have the right to choose their profession. If they do not have consent, they cannot be detained by the police. The court referred to the Immoral Traffic (Prevention) Act (PITA), 1956, and observed that there is no provision in the law that makes prostitution a crime.

Important decisions made during the corona epidemic:

In 2020, the Supreme Court also directed all state governments to provide rations to sex workers. The Supreme Court said that the state governments should ensure that dry ration reaches the sex workers at low prices. The court also noted that the government agency should not insist on the identity card for giving rations. The court has issued this direction on public interest litigation.
After this, in December 2021, the court said, 'Every citizen of the country has a fundamental right, regardless of profession. The government is bound to provide basic facilities to the country's citizens. The court directed the Centre, all the states, and union territories to immediately start issuing voter ID cards, Aadhaar, and ration cards to sex workers and providing them rations.'
It was also directed that the authority may also take the help of the National AIDS Control Organization (NACO) and the State AIDS Control Committee.
The Supreme Court gave this direction during the hearing of the petition of the NGO 'Darbar Mahila Coordination Committee.' In the petition, the problems being faced by sex workers due to the Kovid-19 epidemic were raised.
Justice L Nageswara Rao expressed displeasure that the direction to provide rations to sex workers was issued in 2011, but it has not been implemented so far. The bench also said that the state governments and union territories were directed to issue ration cards and identity cards almost a decade ago, but why have those directions not been implemented so far.

It is expected that now after the direction of the Supreme Court, the condition of the sex worker will improve. Different legal protections have been given to the sex worker, his children, pimps, and brothels. Collectively, sex workers are still a crime. When the police raid any place, how does the woman who is found there, whether she is working or running a brothel, decide will? Because in most cases, it has been seen that girls are forced into this business. Now that the police have refused to intervene, the hands of the touts will open even more.

Additional Solicitor General Mr. Jayant Sood expressed his concern to the sex workers that it may be extremely difficult to verify whether the sex worker had given consent voluntarily or was coerced. She also said that most of the sex workers who are trafficked from across the country do not know anyone in the city where they are doing business, and hence, they are vulnerable to coercion.

What does our law say?

In the Indian Penal Code, prostitution is not illegal in its broadest sense. Still, certain activities are an offense punishable under specific provisions of the Act. Such as luring someone for prostitution services in public places, prostitution of minors, prostitution activities in hotels, or in a secret place indulging in prostitution by arranging sex workers, etc.
As per the Immoral Traffic (Prevention) Act, 1956, if a prostitute is soliciting to offer her services or soliciting to seduce someone and attaining the age of 18 years, she is seduced. If he is found doing so and is found doing so, he can be arrested. Also, the caller cannot make his phone number public. If found so, the court can punish him with imprisonment for six months and a fine.
Article 23 of the Constitution was amended in 2014, in which many provisions related to human trafficking were added. For example, forced labor and human trafficking were prohibited in it. If a person forcibly makes a woman a prostitute and pushes her into prostitution, she can be punished. Human trafficking and bonded labor are also punishable offences.

Some films have also appeared on the lives and treatment of sex workers in India, such as Chameli, Talaash, Laxmi, Mardaani, Yaara Silly Silly, and Gangubai Kathiawadi. All of us must have seen these movies many times, and when we watch them after some time, the same thing keeps swirling in our minds, but after some time, we all forget that the life of a sex worker is full of troubles. Many such NGOs in India plead for justice for their rights.

What will change in the life of a sex worker if the central government accepts the directions of the Supreme Court?

Sex workers are entitled to equal protection before the law. Criminal law should apply equally to all cases based on 'age' and 'consent.' When it becomes clear that the sex worker is an adult and is participating without coercion and consent, the police should refrain from interfering or taking action in any criminal activity.
The most significant change will be regarding equal legal rights. If the government accepts the directions of the Supreme Court, then sex workers will also get equal legal rights as other people.
If a sex worker registers a complaint in any case, criminal, sexual, or any other type of complaint, then the police have to take that complaint seriously. Also, he has to take action according to the law.
The police should treat all sex workers with respect and not be subjected to verbal and physical abuse.
If the court's directions are implemented, the sex workers will neither be arrested nor will they face harassment by the police.
If sexual violence occurs against sex workers, they will be provided with the same medical care and other services as would be provided to any other sexual abuser.
The police must treat all sex workers with courtesy. They can neither be abused verbally nor physically.

Can it be misused?

When sex workers are empowered to file complaints of rape on legal grounds, the possibility of its misuse also increases.
When a sex worker makes a complaint after having a relationship based on pesos payment, it will relate to a contract in a civil matter in which she can file a criminal case.
The next question is how will the gap between consent and coercion be bridged? Because rape is forced, sex workers have sex of their own free will.

What are the difficulties a sex worker has to face?

Documentation challenge:

The identity stigma of sex workers and the migrant nature of work prevent them from accessing documents such as identity cards, which are vital for accessing their rights.
For example, in 2009, it was estimated that only 5000 sex workers in Delhi had voter ID cards.
76 sex workers from the National Network of Sex Workers also reported that certain documents such as residence proof, father's name, caste, and caste certificate were required to enroll their children in schools. They did not have the documents, which caused them a lot of trouble in the admission of their children.
Sex workers applying for housing schemes claim they were asked for proof of residence and ration card.
The Public Distribution System (PDS), which is meant to provide cheap food for people below the poverty line, was asked for evidence supporting sex workers being below the poverty line, which they did not have. Because of this, they could not get the benefit it.
Sex workers regularly face many difficulties in generating identity documents like Election Commission Card, Aadhar, Caste Certificate, and Ration Card.
Many single women have children and are unable to produce proof of residence or paternal documents for a long time to obtain a caste certificate. They were denied the ration relief package provided by the state governments during the corona pandemic.

Criminal existence:

Existing law continues to criminalize aspects of sex work, including solicitation, brothels, and making a living from the earnings of sex work.
When brothels are raided, those women are usually locked up in shelter homes in extreme circumstances to rescue. Due to these reasons, they have to face many problems in the upbringing of their family members. So, she is afraid to come out in the open.
They neither accept their identity nor do not get the services provided by the government for fear of stigma in the society.

Hidden nature of work:

A large proportion of sex workers (male, female and transgender) work from home. Those who independently or through an agent contact customers through mobile phones.
A large number of women are housewives in India. Those housewives have no work education, so they make sex work their lives, and their families are not aware of their work.
During the COVID pandemic, their livelihood came to a complete standstill. They could not explain the loss of livelihood to their families or contact relief groups for sex workers in brothels.
Defined as the provision of sexual services in monetary benefits or kind. There are an estimated 1.2 million female sex workers in India, with an estimated 6,88751 "registered" female sex workers receiving services from the Ministry of Health and Family Welfare.
Providing sex services for them, and doing sex work is the only means of livelihood. Since their work does not have the same social restrictions as other types of work, sex workers are forced to struggle.

Migrant sex workers:

When a sex worker's family joins this business, they get away from their family and want their family not to know about their work.
Frequent movement of sex workers from one city to another to evade identification or for better earning opportunities. However, it becomes very difficult to provide relief work to the government, asking for ration cards and other identity and address proofs.
The COVID-19 pandemic has trapped many sex workers in other cities, towns, and districts. Due to this, they were deprived of rations and any relief, as they did not have ration cards belonging to the city or district where they were found.
Those women were asked to vacate their rented rooms when their savings ran out amid the nationwide lockdown.

Violence:

The stigma attached to sex work is rampant against those sex workers who are victims of violence by their family members, which increased during the corona pandemic.
The inability to bring in money during the pandemic forced sex workers to face high levels of abuse (verbal and physical) from their families.

Precarious livelihood without a safety net:

Families of sex workers often depend on their daily income to support their families. They do not have access to savings, loans, and other financial institutions.
When sex workers go to banks to get loans, those banks regularly refuse to give loans. Because they have no witnesses other than sex workers. And when it comes to private lenders take advantage of this situation of sex workers and lend them money on a weekly or monthly basis at exorbitant interest rates.
Sex workers were forced to take loans from them during COVID-19. They were pressured to pay higher interest rates and are still going, which they find difficult without any income.

The compulsion to live in an unsafe place:

Most sex workers running single-headed households live in rented accommodation and have to pay rent every week.
There have been several reports of sex workers being asked to pay rent or vacate the premises during the lockdown period.

8. Health-related problems:

(i). Food Safety and Nutrition:

Sex workers were not included in any food relief package.
Till now, more than 50% of sex workers have neither any ration card to take advantage of the ration given by the government.
In the absence of livelihood, sex workers were restricted to food relief provided by NGOs/individuals.
They do not get nutritious food.
When sex workers do not get good food and a nutritious diet, they cannot fight diseases like HIV and AIDS. It mainly affects HIV-positive sex workers, older sex workers living with comorbidities, and pregnant women engaged in sex work.

(ii). Denial of Reproductive Health Services

Pregnant women in private hospitals cannot avail health services as sex workers do not have an Aadhar card or any other letter.
Private hospitals were denying sex workers, saying they were only taking care of COVID-19 patients and would charge exorbitantly if they needed treatment. Access to reproductive health services for sex workers was severely affected during the lockdown.
Women were unable to take oral contraceptives due to the paucity of contraceptive pills in government hospitals. NGOs supplying them under various programs also stopped their services during the corona pandemic.
Due to the closure of these services, women had to have unwanted pregnancies and faced many health problems.
He was refused a physical examination and asked to come after a few months. Some of them had to deliver in brothels outside the health care system under very unhygienic conditions. Government and private hospitals had refused abortions. The sex workers had to approach non-governmental organizations (NGOs) who accompanied them to private hospitals and then got emergency help.
Many departments in government hospitals remained closed during the lockdown. Since private doctors were also charging more, the sex workers had no option but to go to the homeopath's doctor.

(iii). Contact Private Doctors:

During and even before Corona, sex workers were forced to go to private doctors, who accused them excessively.
In some cases, women used to go to the doctor for treatment.
Sex workers with diabetes, high blood pressure, thyroid, or other complaints cannot obtain confirmatory tests or medications from government hospitals.
They are forced to go to 2 or 3 hospitals before being given check-ups and tests, and they are forced to buy medicine from drugstores at exorbitant prices.
Many women have stopped medicines for severe diseases because they cannot afford them.
Mental health concerns have increased among sex workers, affecting their livelihoods and creating uncertainty about their future.
Women's ability to access counseling support has been affected by the closure of government mental health facilities.

History of invisible and conditional government aid by the state:

During the Corona epidemic, the states have taken several relief works for immediate relief. Identified multiple categories like transgender, people with disabilities, workers, and migrants. However, the governments had excluded them from benefiting all relief to sex workers.
A good practice demonstrated by the Department of Women and Children, Government of Maharashtra, during the COVID pandemic was recognizing sex workers as a special category in need of assistance. This effort should be emulated and replicated by other State Governments.

State's response and concerns:

There has been conflict in the state's response to meeting its obligations to sex workers. The Ministry of Health should educate sex workers about HIV prevention through the HIV/AIDS program, sensitizing them and emphasizing their services.
By 2009, this ambitious transition to the HIV program for community-based organizations (CBOs) of sex workers had already begun nationwide. The emphasis was on training sex workers to manage and conduct programs provided by the state health department.

What can the government do for sex workers and brothels?

If a woman becomes pregnant in a sex worker or brothel, in a safe place other than where she has access to all health facilities, but with her consent.
If a woman refuses during pregnancy, she should be explained that it is for her and her baby's well-being.
Just as the government provides good food and free education to the prisoners in jail, in the same way, every state government should also provide free education to sex workers.
Once a woman returns from work, she should be counseled and further taught.
As protection is provided in the law of every backward class, in the same way, Parliament should make a law under Article 15(3) of the Constitution of India so that this backward class also comes out of it and gets educated and gets a job.
State governments should keep data on sex workers and brothels in every region. Atrocities against it will be more minor, and if anything like this happens, the police will easily come to know.
Every brothel should have a helpline number, and every woman should report it; the government should ensure that.
Give information to women to avoid unwanted pregnancy, such as a medical shop in that area and give them products for safe sex, whose money is given by the government.
Most importantly, Parliament should make separate laws for sex workers and brothels.
So far, the Supreme Court has given many guidelines, but the state government and the central government have failed to follow them. For this, they should be strictly followed, the Supreme Court should do so, and there should also be a provision for punishment against the governments.

Conclusion:

Overall, it can be said that prostitution is not illegal in India, but prostitution in public and soliciting prostitution comes under the purview of crime. But running a brothel is illegal. When prostitution is not illegal, why are brothels considered illegal? The point has become that doing work is legal, but the place of doing that work is illegal.

Women in sex work should be entitled to rights in their lives' economic, political, social, civil, and cultural spheres. Freedom from gender stereotypes about women's chastity and roles and responsibilities can be fully achieved within a hetero-regular and patriarchal family only when discrimination against sex workers is abolished.

This decision of the Supreme Court is very important. Now it has to be seen that after this decision of the court, what changes are seen in the condition of sex workers in the country. And how much protection they will get from the law.

To read this article in Hindi - sex workers in India

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