Sex work in India refers to the exchange of sexual services for money or goods. It involves individuals who willingly engage in consensual sexual activities in exchange for financial compensation.
Sex work is not something prevalent At this time but it has been emerged from the very ancient period in india. Ancient Indian texts, such as the Kama Sutra and the Arthashastra, mention the existence of prostitutes. Prostitutes also known as “veshyas,” who were highly skilled in the arts of love and provided companionship and entertainment to the upper classes. Some prostitutes enjoyed the royalty and some worked in brothels.
During medical period the practice of devadasi system emerged, particularly in South India. Devadasis were women who were suppose to serve to the deities in the temples, but with time some devdasis also engaged in sex work as part of their religious duties
And in the colonial period, the regulation of sex work became a troublesome for the british administration. And due to this reason british introduced Contagious Diseases Acts, which aimed to control the spread of infection through sexual transmission by subjecting sex workers to mandatory medical examinations and confinement in brothels.
After the departure of colonial period india has created its own regulation and legal status of sex work became a matter of state legislation. Prostitution itself is not explicitly illegal in India, but many activities related to sex work, such as running brothels, pimping, and soliciting, are criminalized under various laws. However, the implementation and enforcement of these laws vary across different states.
There are various reasons which compel a women to involve in sex works such as economic reasons which include poverty, trafficking and migration where an individual has been forced and coerced and they don’t have any other option and that’s why the individual have to involve in the sex work. According to many, sex workers are scum of society.
Current scenario :-
Even though sex work is not explicitly illegal in india under the of Immoral Traffic (Prevention) Act but there are various circumstances where the sex workers have to bear the brunt as the polic and authorities misuse these laws against sex workers.
And amid these challenges which sex workers have to face, one more incident has been occurred with a sex worker where she has faced the exploitation by the police under section 17(4) of Immoral Traffic (Prevention) Act. In the present case where the Mumbai High Court has pronounced the judgement, the police have conducted the raid and FIR has been registered and the victim has been detained with two other sex workers. After this all these three workers have been presented before the magistrate and two of them has been released by analyzing the medical reports but the victim has been detained in Navjeevan Mahila Vastigriha, Deonar for one year for care, protection and shelter from the date of order.
The victim has filed appeal under section17(6) of PITA and requested her release on executing a PR bond till final hearing of the appeal. Court observed while ordering the release of a 34-year-old alleged sex worker from a shelter home that Indulging in sex work is itself not an offence but prostitution in a public place can be an offence. And under this case the victim has also presented in the court that magistrate failed to consider her age or her right to residence under Article 19 of the Constitution of India. And the court has held in this scenario that Under Article 19(1)(d) right to move freely throughout territory of India and under Article 19(1)(e) right to reside and settle in any part of the the territory of India are the fundamental rights of Indian citizen. The victim is major she is citizen of India and therefore she possesses this rights and if the victim is detained without reason then it can be said that her right to move freely and right to reside and settle are infringed.
Different types of sex works :-
Sex work in India refers to the exchange of sexual services for money or goods. It involves individuals who willingly engage in consensual sexual activities in exchange for financial compensation. There are various acts which falls under the name of sex work and different laws and rules has been defined according to that and the some of acts are given below :-
Prostitution :
Although Prostitution itself is not illegal in India but certain activities related to prostitution are prohibited under various laws. The Immoral Traffic (Prevention) Act, 1956 (ITPA) is the primary legislation that addresses prostitution and related activities in India. Prostitution can be of different types such as Street-Based Prostitution, Brothel-Based Prostitution, and Online Prostitution.
Brothel-keeping:
Operating or managing a brothel is prohibited under the ITPA. Owning, managing, or working in a brothel is a criminal offense. The definition of a brothel is broad and includes any place where sexual services are offered, even if it is not a traditional establishment. Engaging in brothel keeping can result in legal consequences, including fines and imprisonment. The penalties can also apply to individuals who financially benefit from the earnings of prostitution, such as pimps or those living off the earnings of sex workers.
Solicitation:
Soliciting in public places is illegal under the ITPA. This includes actively seeking clients or engaging in acts that indicate the availability of sexual services in public areas. In certain circumstances it is illegal under ITPA. The law aims to prevent the public nuisance and potential exploitation associated with solicitation in public spaces. Engaging in solicitation can lead to legal consequences, including fines and imprisonment.
Trafficking:
Trafficking in India refers to the illegal transportation, recruitment, harboring, or transfer of individuals within or across borders for the purpose of exploitation. The ITPA also addresses trafficking for the purposes of sexual exploitation. It prohibits the trafficking of individuals for the purpose of prostitution and prescribes penalties for offenses related to trafficking, such as procurement, transportation, or harboring of persons for prostitutions.
Cases realated to the sex work :-
There were various cases where the apex court has upheld the rights and protection of sex workers in place of the police and authorities who were misusing the laws and prosecuting the sex workers.
Budhadev Karmaskar v. State of West Bengal is one of the case which has been referred in the above mentioned decision by the madras high court as it has been stated by the supreme court in this case that adult sex workers had the right to practice their profession as a matter of personal choice under Article 21 (Right to Life and Personal Liberty) of the Indian Constitution. The judgment recognized the distinction between voluntary sex work and trafficking, and it emphasized the need for social welfare measures and rehabilitation programs to protect the rights and dignity of sex workers.
Gaurav Jain v. Union of India (2017), here the constitutionality of the provision in the ITPA has been challenged as it criminalize the possession of condoms by sex workers, the SC has held that possession of condom doesn’t means that it is evidence of the commission of an offense. And it has been also contended by the court that police and aurthorities to ensure that condoms were treated as essential too for public health rather that evidence for prosecution.
Recent works related to sex workers :-
There are various circumstances where the sex workers have to face the difficulties, but there are there are several organizations and activists in India who work towards advocating for the rights and welfare of sex workers, here are few examples :-
VAMP (Veshya Anyay Mukti Parishad :- VAMP is a collective of sex workers in Maharashtra, India, formed in 1996. This organization works toward recognition of sex work as legitimate labor and fight against the stigma, violence, and discrimination faced by sex workers. It has been active in raising awareness about the rights and health of sex worker.
Durbar Mahila Samanwaya Committee: Durbar is a collective of sex workers and their allies based in Sonagachi, Kolkata, one of Asia’s largest red-light districts. They work towards the rights of sex workers, improving their access to healthcare and social services, and advocating for their rights. Durbar played a significant role in the concept of “Sonagachi Model,” which emphasizes community-led initiatives and peer education.
Lawyers Collective: it is a legal advocacy group that has been involved in advocating for the rights of marginalized communities, including sex workers. They have been instrumental in challenging laws and policies that disproportionately impact sex workers and have played a significant role in legal cases related to sex work and human rights.
Sex Workers’ Rights Advocacy Network (SWAN): SWAN is a network of organizations and individuals working to promote the rights of sex workers in India. They undertake advocacy efforts, capacity building, and research to raise awareness and address issues faced by sex workers, such as violence, health, and legal rights.
Not only these organisations and acitivst but gradually the advent of social issues in Bollywood movies bolster the empowerment of sex workers, the recent film “Gangubai kathiavadhi” played a major role in showcasing the problems of sex workers in the indian cinema.
Conclusion :-
Overall, by analyzing the abovementioned situation and cases it can be concluded that the situation of the sex workers in india is full of complex challenges such as discrimination, stigma, limited legal protections, healthcare access, education, economic opportunities, and essential services. Most of the time sex workers experience marginalization and are vulnerable to abuse and human rights violations.
Although the existing laws do not criminalize the sex work but the society is not ready to accept this to exist in our society. And even the society punish all the person who are attached to that sex worker.
The crucial approach for this should be the empowerment and rights of sex workers which include legal protection, healthcare services and social support. The NGOs and organisations which works toward the sex workers should be given more support.
And as the topic is sensitive so it should be deal with soft hands an approach which prioritize human rights, harm reduction, and the recognition of sex worke as well. And when it comes about the legal procedures related to the sex workers then it would be advisable to the court to deal the case by being a little soft toward the victim as the same has been done in this case ordered by madras high court.
When it comes about the involuntary sex then the authorities should work with iron hand but when it comes about problems of sex workers then the court should deal with the topic gently.
Author’s Name- Sakshi Agarwal (University of Allahabad)
