Monday, November 24, 2008

Prostitution in India



Prostitution in India



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Prostitution is currently a contentious issue in India. India is estimated to have 2 million female sex workers.[1] According to a Human Rights Watch report, Indian anti-trafficking laws are designed to combat commercialized vice; prostitution, as such, is not illegal. A sex worker can be punished for soliciting or seducing in public while clients can be punished for sexual activity close to a public place.


Brothels are illegal de jure but in practice they are restricted in location to certain areas of any given town and thus although the profession does not have official sanction, little effort is made to stamp it out or to take action to impede it. Sonagachi in Kolkata and Kamathipura in Mumbai , G.B. Road in New Delhi, Reshampura in Gwalior and Budhwar Peth in Pune host thousands of sex workers there and they are famous red light centres in India. Earlier there was a centre in Dalmandi in Varanasi and Naqqasa Bazaar in Saharanpur also.[citation needed]







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[edit] Legal status


The current laws in India that legislate sex workers are fairly ambiguous. It is a system where prostitution is legally allowed to thrive, but which attempts to hide it from the public. The primary law dealing with the status of sex workers is the 1956 law referred to as the The Immoral Traffic (Suppression) Act (SITA). According to this law, prostitutes can practice their trade privately but cannot legally solicit customers in public. As long as it is done individually and voluntarily, a woman (male prostitution is not recognized in the Indian constitution) can use her body's attributes in exchange for material benefit. In particular, the law forbids a sex worker to carry on her profession within 200 yards of a public place. Unlike as is the case with other professions, sex workers are not protected under normal labour laws, but they possess the right to rescue and rehabilitation if they desire and possess all the rights of other citizens.


In practice SITA is not commonly used. The Indian Penal Code (IPC) which predates the SITA is often used to charge sex workers with vague crimes such as "public indecency" or being a "public nuisance" without explicitly defining what these consist of. Recently the old law has been amended as The Immoral Traffic (Prevention) Act or PITA. Attempts to amend this to criminalise clients [2] have been opposed by the Health Ministry, [3] and has encountered considerable opposition. [4] In an interesting and positive development in the improvement of the lives of female sex workers in Calcutta, state owned insurance company has provided life insurance to 250 individuals.[5]



[edit] Immoral Traffic (Prevention) Act


The Immoral Traffic (Prevention) Act or PITA is a bit of legislation passed in India in 1956 as a result of the India signing the United Nations' declaration in 1950 in New York on the suppression of trafficking.[6] The act was then called the All India Suppression of Immoral Traffic Act (SITA), but was amended in 1986 to the current law. The laws were intended as a means of limiting and eventually abolishing prostitution in India by gradually criminalizing various aspects of sex work. The main points of the PITA are as follows: [7]



Sex Workers
A prostitute who seduces or solicits shall be prosecuted. Similarly, call girls can not publish phone no.s to the public. (imprisonment upto 6 months with fine, point 8)
Sex worker also punished for prostitution near any public place or notified area.(imprisonment upto 3 months with fine, point 7)


Clients
A client is guilty of consorting with prostitutes and can be charged if he engages in sex acts with a sex worker within 200 yards of a public place or "notified area".(imprisonment upto 3 months, point 7)
The client may also be punished if the sex worker is below 18 years of age.(7-10 years of imprisonment, either with child or minor, point 7)


Pimps and Babus
Babus or pimps or live-in lovers who live off a prostitute's earnings are guilty of a crime. Any adult male living with a prostitute is assumed to be guilty unless he can prove otherwise. (upto 2 years of imprisonment with fine, point 4)


Brothel
Landlords and brothel-keepers can be prosecuted, maintaining a brothel is illegal. (1-3 year imprisonment with fine for first offense, point 3)
Detaining someone at a brothel for the purpose of sexual exploitation can be prosecuted. (imprisonment more than 7 years, point 6)


Procuring and trafficking
A person procures or attempts to procure anybody is liable to be punished. Also a person who moves a person from one place to another, human trafficking, can be prosecuted with the same. (3-7 years imprisonment with fine, point 5)


Rescued Women
The government is legally obligated to provide rescue and rehabilitation in a "protective home" for any sex worker requesting assistance.(point 21)

Public place in context of this law includes public religious worship, educational institution, hostel, hospital etc. And a "notified area" is a place that is declared to be "prostitution-free" by the state government under the PITA. Brothel in context of this law says the a place which has two or more sex workers.(2.a) Prostitution itself is not an offense under this law, but soliciting, brothels and pimps are illegal.[8]



[edit] Causes


Most of the research done by Sanlaap indicates that the majority of sex workers in India work as prostitutes due to lacking resources to support themselves or their children. Most do not choose this profession out of preference, but out of necessity, often after the breakup of a marriage or after being disowned and thrown out of their homes by their families. The children of sex workers are much more likely to get involved in this kind of work as well. A survey completed in 1988 by the All Bengal Women's Union interviewed a random sample of 160 sex workers in Calcutta and of those, 23 claimed that they had come of their own accord, whereas the remaining 137 women claimed to have been introduced into the sex trade by agents of various sorts. The breakdown was as follows:



  • Neighbour in connivance with parents: 7
  • Neighbours as pimps (guardians not knowing): 19
  • Aged sex workers from same village or locality: 31
  • Unknown person/accidental meeting with pimp: 32
  • Mother/sister/near relative in the profession: 18
  • Lover giving false hope of marriage or job and selling to brothel: 14
  • Close acquaintance giving false hope of marriage or job: 11
  • "Husband" (not legally married): 3
  • Husband (legally married): 1
  • Young college student selling to brothel and visiting free of cost: 1

The breakdown of the agents by sex were as follows: 76% of the agents were female and only 24% were males. Over 80% of the agents bring young women into the profession were known people and not traffickers: neighbors, relatives, etc.


Also prevalent in Indian prostitution is the Chukri System, whereby a female is coerced into prostitution to pay off debts, as a form of bonded labour. In this system, the prostitute generally works without pay for one year or longer in order to repay a supposed debt to the brothel owner for food, clothes, make-up and living expenses. In India, the Government's "central sponsored scheme" provides financial or in-kind grants to released bonded labourers and their family members, the report noted, adding over 2,85,000 people have benefited to date. Almost 5,000 prosecutions have been recorded so far under the Bonded Labour System (Abolition) Act of 1976.


Some women and even girls are by tradition born into prostitution to support the family. The Bachara, for example, follow this tradition with eldest daughters often expected to be prostitutes.


Over 40% of 484 prostituted girls rescued during major raids of brothels in Bombay in 1996 were from Nepal[9].


At the other end of the spectrum operate high class escort girls recruited from women's colleges and the vast cadres of India's fashion and film industries. They can command large sums of money. These services usually operate by way of introduction. However a recent trend has seen the emergence of several snazzy websites, openly advertising their services.



[edit] Male sex workers


Male prostitution is increasingly visible in India. Gigolo service in India is growing.[10] But there are cases of harassment of client women by gigolos.[11] In Delhi there are as many as twenty "agencies" offering "handsome masseurs" in the classifieds of the newspapers (Hindustan times). They offer both in and out services, although the facilities are usually very basic. Most western clients are visited at their hotels. Local middle class Indians are also now using these services. Fees are discussed over the phone, typically 1000 - 3000 Rs. Safe sex and condom use is generally well understood. The workers typically do not speak English too well. They are also found in Delhi's emerging gay night life scene, with several "one nighters" at various middle class night clubs in the city.


In India, male homosexual acts are illegal and as such male prostitution is all but invisible and not much is currently known about the status of male sex workers. Due to the social stigma attached to homosexuality in India and the lack of legal protection, they tend to face higher risks than females. They are often faced with violence from the police, clients, and are often subjected to extortion from the police in order to carry on with their work. A large percentage of male sex workers are eunuchs or hijrahs. Most know of sexually transmitted diseases through experience, but there are few preventative measures, such as condoms, that are made available to them and due to their legal status, no regimen of testing for AIDS or other diseases are available.



[edit] AIDS


Mumbai and Kolkata (Calcutta) have the country's largest brothel based sex industry, with over 100,000 sex workers in Mumbai[12]. It is estimated that more than 50% of the sex workers in Mumbai are HIV-positive[13]. In Surat, a study discovered that HIV prevalence among sex workers had increased from 17% in 1992 to 43% in 2000.


A positive outcome of a prevention program among prostitutes can be found in Sonagachi, a red-light district in Kolkata. The education program targeted about 5,000 female prostitutes. A team of two peer workers carried out outreach activities including education, condom promotion and follow-up of STI cases. When the project was launched in 1992, 27% of sex workers reported condom use. By 1995 this had risen to 82%, and in 2001 it was 86%. Reaching women who are working in brothels has proven to be quite difficult due to the sheltered and secluded nature of the work, where pimps, Mashis, and brothel-keepers often control access to the women and prevent their access to education, resulting in a low to modest literacy rate for many sex workers.


Consistently high HIV infection rates among sex workers (50% or more among Mumbai's female sex worker population since 1993[14]), coupled with lack of information, failure to use protection, and the migrancy of their clients [15], may contribute to the spread of AIDS in the region and the country [14].



[edit] See also




[edit] References




  1. ^ BBC report on number of female sex workers in India
  2. ^ LEADER ARTICLE: Sex Workers Need Legal Cover-Editorial-Opinion-The Times of India
  3. ^ 'Sex workers' clients shouldn't be penalised'-India-The Times of India
  4. ^ LEADER ARTICLE: Sex Work Is No Crime-Editorial-Opinion-The Times of India
  5. ^ BBC NEWS | South Asia | India sex workers get life cover
  6. ^ The Immoral traffic Prevention Act
  7. ^ [1]
  8. ^ [2]
  9. ^ "S. Asia Urged to Unite Against Child Prostitution", Reuters, June 19, 1998.
  10. ^ [3]
  11. ^ [4]
  12. ^ "Country Reports on Human Rights Practices: India", US State Department, 2001.
  13. ^ "HIV/AIDS in Asia and the Pacific Region 2001", World Health Organization, 2001.
  14. ^ a b "AIDS in Asia, Face the Facts", Monitoring the AIDS Pandemic (MAP) Network report, 2004.
  15. ^ Galwankar S., "Sexual behaviors in migrant male workers from Mumbai: a need for sex education for the uneducated", Internations Conf erence on AIDS. 2002.


  • Gomare et al. (2002) Adopting strategic approach for reaching out to inaccessible population viz Abstract WePeF6707F abstract, The XIV International AIDS Conference.
  • INDIA & Southeast Asia to 1875, Beck, Sanderson. ISBN 0-9762210-0-4


[edit] External links





































Retrieved from "http://en.wikipedia.org/wiki/Prostitution_in_India"


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