Sex Work law amendments to be sent to the Cabinet

[Guest guest]

Dear FORUM,

Re: Sex Work law amendments to be sent to the Cabinet

This is to inform the forum that the Department of Women and Child

Development, Ministry of Human Resource Development, Government of India, is all

set to take the amendments to Immoral Traffic (Prevention) Act (ITPA), 1956 to

the Cabinet for its approval on Monday 24th April 2006. If the cabinet approves

it, the Bill will be introduced in Parliament in the session starting on 10th

May 2006.

This comes in the face of fervent protests made by the National Network of Sex

Workers (NNSW) on 8th March 2006 against the proposed amendments, in particular

Section 5 ©, which penalises clients.

The demand that the Bill should not be introduced in the Parliament until all

affected groups including sex workers have had an opportunity to comment on the

law has been completely disregarded.

The Department’s failure to consult sex workers shows yet again how the

communities most affected by decisions are excluded from the decision making

process.

The proposed amendments do not take cognizance of emergent concerns and

challenges of the growing HIV/AIDS epidemic. It is ironic that the Health

Ministry including the National AIDS Control Organisation (NACO) that ostensibly

works with sex workers has chosen to overlook the deleterious effects that the

proposed amendments would have on its HIV prevention interventions with sex

workers.

The WCD also seems to have ignored recent recommendations put forward by the

Planning Commission to legalise sex work as a strategy to thwart the HIV

epidemic. Though the Commission’s observations are not entirely in consonance

with sex workers demands, they are, nevertheless, an indication that public

health programmes aimed at reducing risk behaviours call for changes in

structures including laws that create risks for individuals and communities in

the first place.

In light of these developments Lawyers Collective HIV/AIDS Unit is going to urge

the WCD and the Cabinet Ministers to call for a larger consultation with all

stakeholders including sex workers, risk reduction interventionists, AIDS

service organisations and legal groups to debate and discuss law reform on sex

work.

Members are encouraged to write letters to Loveleen Kacker, Joint Secretary,

WCD, Ministry of HRD, Government of India at jscw.wcd@... to call for a

comprehensive review of ITPA from a health and human rights perspective and that

all affected constituencies are accorded an opportunity to present their

concerns and recommendations for sex work law reform before the Amendment Bill

is tabled in Parliament.

Lawyers Collective HIV/AIDS Unit.

Shivangi

Advocacy & Training Officer

Lawyers Collective HIV/AIDS Unit

1st Floor, 63/2, Masjid Road,

Jangpura,

New Delhi - 110 014

Phone -91-11-24377101, 24377102, 24372237

Fax - 91-11-24372236

e-mail - aidslaw1@...