The recent
discussions around the proposal to legalize prostitution in India, which has also
been supported by the newly appointed NCW chairperson indicate a policy shift which would directly affect
women’s rights to equality and a life of dignity. The national womens’
organizations, and others who have been working with women in prostitution for
a long time strongly feel that women who have been prostituted, and often
trafficked must have their basic rights recognized and safeguarded. However,
this must not be confused with the issue of legitimizing sex trade, and
creating a section of “sex workers” as an employment avenue, such that women from poor and
socially oppressed backgrounds, or women with no skills and little option for alternative
employment fall prey to the pressures of the market economy, to serve the
interests of the profiteers running this trade.
The use of tradition to
recreate and reinforce the chains of patriarchal bondage, due to which women
from certain communities and castes have been forced to enter into prostitution
with hardly any choice in the matter, must not receive a new legitimacy from
the law makers. Earlier consultations initiated by the NCW have validated the
stance against legislating prostitution, as this would increase trafficking of
women and young girls significantly. These recommendations must be taken note
of by the Commission, as well as by the Ministry, before any legislative change
is brought about.
In this context we wish to clear certain misconceptions, and
explain our common stand against legalization which is as follows:
The legalization argument fails to address the multiple exploitation
that women and girls in prostitution are subjected to. Their situation can
hardly be ameliorated by licencing the root cause of their oppression. In a
legalization framework, it is not the prostituted who are protected, but the
traffickers, pimps, procurers, and the buyers of sex. Legalization is wrongly assumed
to be a potential tool to increase prostituted women’s social protection,
reduce prostitution-related crimes, and curb sex trafficking. However, this is
not the reality. Increasing studies and evidence show that countries that have legalized
or decriminalized prostitution, such as Germany and the Netherlands, are
witnessing an exponential increase in sex trafficking. Moreover, legalization
of prostitution increases the demand for prostitution, since men are given
social, moral and legal permission to purchase women and girls for sexual acts
based on violence, sexual harassment and inequality.
Hence, it is imperative to understand the coercive nature of the
trade, and the fact that the whole process is mediated through an exploitative
network. Survivors of prostitution have
repeatedly shared the violence they
experience in brothels, on the streets and elsewhere and reiterated their
desire to exit and to prevent other women from being equally exploited. This
can be better achieved by preventing trafficking, rather than indirectly advocating
it through the law.
Those who support legalization do not pay adequate attention to how
women enter into the trade. A large section of prostituted women and girls are
most often victims of trafficking, usually at a very young age. A majority of
them belong to the most oppressed, backward castes, Dalit and tribal
communities. This is an expression of desperation, which has little to do with
“voluntary choice”. Giving legal sanction to prostitution can hardly convert
prostitution into decent, dignified and safe work as defined by the ILO.
Thus, we feel strongly that the emphasis should be on prevention of
trafficking, and implementation of ITPA to ensure strict punishment for the
pimps, traffickers, etc. There is also an urgent need for the stricter
implementation of Section 370 of the Criminal Law (Amendment) Act 2013, which
mirrors the definition of trafficking in the United Nations Protocol to
Prevent, Suppress and Punish Trafficking Against Persons, Especially Women and
Children (the Palermo Protocol) that India ratified. In fact, the Government of
India would undermine these principles should it opt for the legalization of
prostitution.
Most importantly, we would point out the need for a comprehensive policy framework to ensure that health,
safe and independent housing, legal protection, education and financial
needs of those in prostitution are taken care of. The generation of
alternative livelihoods for women and children in prostitution, and active
steps to facilitate rehabilitation should be prioritized. Education for their
children and for them should be ensured; better livelihood options for women
should be provided. It is only thus that the human rights of women in
prostitution can be safeguarded, and not by legalizing prostitution, as
proposed.
We, the undersigned national women’s organizations, and concerned
groups demand:
a)
Recognition of the rights of women in prostitution
to basic citizenship rights, including BPL card, coverage under ICDS, access to
free health services, free education for them and their children, and freedom
from violence and sexual harassment.
b)
Stringent punishment to traffickers, pimps, agents,
etc, and effective implementation of the ITPA.
c)
Provision of comprehensive rehabilitation
packages and alternate options for those wanting to opt out of the system. Their
safety must be guaranteed by the Government.
d)
Creation of alternative livelihood opportunities
for women, in both urban and rural areas.
AIDWA, AIWC, AIDMAM, CWDS, GOS, JWP, MWF, MDS, NFIW, Streebal, WAR WIDOWS ASSOCIATION, Apne Aap WORLD WIDE, YWCA
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