Published On:Friday, December 6, 2013
Posted by devil
Is India ready to legalize commercial sex?
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The French parliament recently tabled a controversial anti-sex-trade bill that shifts criminal responsibility from commercial sex workers (CSW) to clients, as is being followed in Sweden.
Such laws, say activists in India who have been working towards legalizing and decriminalizing the trade and the rights of CSWs, will prove counterproductive. "Harsh laws, be it against CSWs or their clients, will only push them underground, leading to further violence and atrocities against the community," says Manohar Elavarthi, member of Praja Rajakiya Vedike (PRV), which works for better living conditions of CSWs.
The priority in India, adds Manohar, would be to decriminalize, if not legalize, prostitution. Legalization of prostitution is an issue raised by the Supreme Court on several occasions, to end the exploitation of women pushed into the flesh trade. The move could also help curb the spread of HIV. In 2009, a two-judge bench of the Apex Court said, "When you say it is the world's oldest profession and you are not able to curb it by laws, why don't you legalize it? You can then monitor the trade, rehabilitate and provide medical aid to those involved."
However, Saroja Puthran, president of the Karnataka Network of People Living with HIV (KNP+) feels that legalization and decriminalization are two different issues. "Decriminalization of multi-partner sex among both males and females should take place. The right to privacy in sexual acts, urges and desires should be vested with the individual. Legalizing the trade will not guarantee anything," says Saroja.
Activists also want to repeal the Immoral Traffic (Prevention) Act (ITPA) and the right to fair and safe working conditions for CSWs. Ruchira Gupta, founder of Apne Aap Women Worldwide, says, "The ITPA has failed to protect girls and women from sex trafficking. It criminalizes and stigmatizes trafficking victims and allows the true perpetrators of crime — traffickers, pimps and johns — to exploit women and children with impunity," she says.
A contentious issue
India is estimated to have two million female sex workers (85,000 in Karnataka). According to a Human Rights Watch report, the country's anti-trafficking laws are designed to combat the commercialized vice. Prostitution, as such, is not illegal. Brothels are illegal de jure, but in practice are restricted to certain areas.
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