Report of the National Seminar on 'Problems Faced by Sexworkers'

[Guest guest]

Justice Sunanda Bhandare Foundation in Collaboration with Durbar Mahila

Samanwaya Committee, Kolkata, organises National Seminar on 'Problems Faced by

Sexworkers'

Venue : Stein Auditorium, Habitat Centre

Date : 2 March'2006

The Justice Sunanda Bhandare Foundation in collaboration with the Durbar Mahila

Samanwaya Committee organised a seminar on 'The Problems Faced By Sex Workers'

on 2nd March 2006.

Mr. Murlidhar Bhandare gave the welcome address, where he addressed the sex

workers as 'community sisters.' He observed that the working and living

conditions of sex workers are pathetic. Apart from HIV/AIDS, he mentioned

anemia as a problem, along with other issues faced by sex workers - such as the

fact that their children are removed from their custody.

Renuka Chowdhury, Minister of Women and Child Development made the inaugural

address. She remarked that the government would help in removing the reasons

that led to women joining the sex industry. There are micro finance and micro

credit schemes launched by the government that can generate money for women.

She spoke on health issues faced by sex workers and said that health cannot be

compromised on at any cost. If a customer refuses to use protection, then he

must be turned away at any cost.

She observed that members from her Ministry had not come to the seminar to be

judgmental about what work people do, but to give dignity and safety to the

women. Safety at the workplace is a fundamental right, and in this context she

mentioned the right to be free from sexual harassment. She mentioned that

section 8 and section 20 of ITPA (soliciting and removal of prostitutes) have

been removed in the amendments proposed to the Act.

Dr. Jana from CARE India agreed that we should not be judgmental and that safety

in the workplace is important. However, the experience of working with sex

workers has shown that they are judged based on what sexual practices are seen

as 'moral'. This is an obstacle to the HIV prevention programme. Any attempt

to criminalize sex workers needs to be abolished.

The proposed amendments to ITPA deals only with trafficking into the sex

industry and this will encourage trafficking into other sectors.

The Self Regulatory Boards in Sonagachi have proven to be the most successful

example to prevent trafficking, but they have not been replicated in other parts

of the country. Dr. Jana concluded by questioning whether this was because of

external forces, or because of a mindset.

Krishna Gupta from DMSC observed that the attempt to criminalize clients would

be detrimental for sex workers. Sex workers will find it difficult to earn, and

HIV/AIDS will spread. She observed how the Sonagachi project successfully

prevents trafficking by regularly checking who is under aged and who has been

forced to join the profession.

Justice Leila Seth stated that we have to work with empathy and not with moral

condemnation. The law has to strike a balance between consensual sex and those

who are forced into sex work.

Ashok from the Gates Foundation stated that tackling HIV/AIDS in India

is a challenge, which can be tackled by keeping the infected persons and high

risk groups (sex workers) at the centre of the intervention and not merely as a

target. This approach is fundamentally about giving respect to the marginalized

community. Sex work is largely invisible and is fraught with stigma - and for

this reason, HIV is more complex than any other epidemic.

Meenakshi Dutta Ghosh from the Planning Commission stated that she had three

messages for the sex workers present at the seminar - one, that should you want

to discontinue, there are options, two, if you want to continue then protect

yourself, and three, do not constrain your children and their education.

Uma Sharma, Kathak dancer, spoke - and she remarked that sex work is as much of

an art as dance is.

Ratna Kapur from CFLR spoke on trafficking and questioned why so much emphasis

and money is going into it, when the data on trafficking is very poor. She said

that exploitation of women is considered mandatory in commercial sex workers.

Around 12 years ago, the government was progressive on the issue of sex workers

- but by 1998, trafficking became an international concern and this led to

legislation which violated sex workers rights.

The new Cabinet approved ITPA amendments define prostitution in an expansive

manner, and trafficking is limited to prostitution.

She remarked that there is a difference between demanding legalization of sex

work and decriminalization. Legalization can lead to a new system of

exploitation where licensing and zoning bureaus take the place of the police.

In conclusion, she observed that the stigma attached to sex work is attached to

sex more generally. Sex workers should participate in sex education programmes

and HIV commercials.

Anand Grover from Lawyers Collective explained the proposed amendments to ITPA

to the sex workers. He explained that the Minister, Renuka Chowdhury, had given

assurance the Bill would not be passed until consultations are held. He spoke

of the U.S pressure lobby in passing legislation that equates sex work with

trafficking.

Justice B.N Srikrishna observed that as a sitting judge, he could not take a

stand on this issue. He stated that Article 39 of the Constitution does not aim

to prevent sex work but aims to prevent force. He agreed that criminalizing

clients would not help sex workers - rather, it would push the issue underground

and increase the spread of HIV/AIDS.

Fernandes, Minister of State, was present at the concluding session.

" Durbar Projects "

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