Minister hears sex workers' views on ITPA Amendments

[Guest guest]

Minister hears sex workers' views on ITPA Amendments

On Friday, 3rd March 2006, a day that marks solidarity for Sex Workers’ Rights,

Minister for Women and Child Development (WCD) – Renuka Chowdhary dialogued with

over 40 sex workers from different parts of the country on the proposed law that

threatens their very livelihood. After protesting their non-inclusion in the

amendment process last year, sex workers finally got an audience with the WCD

Minister.

The meeting was organized at the India International Centre in New Delhi by the

WCD to provide an opportunity to sex workers to comment on the Immoral Traffic

(Prevention) Amendment Bill 2005 and share other concerns.

The Minister spent over three hours interacting with and speaking to female,

male and transgender sex workers from different parts of the country including

West Bengal, Andhra Pradesh, Delhi and Karnataka.

Also present were WCD officials, including Secretary -Reva Nayyar and Joint

Secretary - Loveleen Kacker, NGOs – Lawyers Collective

HIV/AIDS Unit, Centre for Feminist Legal Research and Sangama and some national

and local media.

Below is a summary description of the issues raised during the interaction

between the WCD Minister and sex workers:

Concerns over the ITPA Amendment Bill 2005

i. Criminalisation of clients

While welcoming the removal of proscriptions against soliciting (Section 8)and

scrapping of Magisterial powers to evict a sex worker from any neighbourhood

(Section 20) of the Immoral Traffic (Prevention) Act, (ITPA) 1956, sex workers

unanimously opposed the new Section 5C that penalises clients visiting brothels.

Sex workers from Kolkata and Bangalore commented that there is no point in

allowing soliciting, if the client that sex workers’ attract is going to be

taken away by the Police. Sex workers

pointed out that penalties against clients would push sex work underground.

Brothel based sex workers belonging to Durbar Mahila Samanvay Committee (DMSC)

voiced fears of losing their earnings and concomitantly, the ability to

negotiate their working terms. Faced with a threat to their very survival, sex

workers would be compelled to accept any client who comes their way, with or

without condoms.

ii. Increased penalties for brothel keeping

A kothi sex worker from Bangalore said that enhancing penalties against brothel

owners under Section 3 (1) would adversely affect sex workers. He pointed out

that if brothels were to be closed down, sex workers would find it difficult to

work. Another sex worker from DMSC highlighted the fact that not all brothels

are sites for trafficking. She explained that brothels are a functional part of

the trade in that they offer a safe space to service clients. Blanket

penalisation of brothels is not a sound idea.

iii. Lowering Rank of Police officials

Sex workers from Rajamundry, Andhra Pradesh expressed fears that allowing Sub

Inspectors to arrest and raid under Section 13 (2) will increase harassment.

Together, sex workers objected to the proposal to extend powers under the ITPA

to lower ranking officials.

Reasons for entering sex work

Categorically rejecting the suggestion that most sex workers are trafficked,

participants cited economic compulsions as the predominant reason for engaging

in sex work. Explaining her circumstances, a sex worker from Andhra Pradesh

narrated how she had to bring up her children after the husband’s death.

Wherever she applied for a job, potential employers sought sexual favours.

Disgusted, she decided to take up sex work for atleast this way she

would get money in return for sex. She felt that it was unfair to

discriminate against sex workers, when sex is sought from women in every

industry and vocation.

Rehabilitation & exit from sex work

Sex workers declined the Minister’s offer for rehabilitation. A sex worker from

Bangalore pointed out that rehabilitation schemes can only cater to a handful of

people and not sustain lives of the vast numbers of sex workers across the

country. A representative from Bihar narrated how the administration had failed

to rehabilitate 46 families in Sitamarhi who were evicted on grounds of

Prostitution. “If the government couldn’t take care of 46 families in one

district, how can it provide alternate employment to the several thousand sex

workers in the country “ – she asked.

Representatives from Karnataka and Andhra Pradesh said that a significant number

of sex workers engage in other paid work besides selling sex. Still others

remain invisible. According to them, rehabilitation programmes will neither

reach nor benefit workers placed in such situations.

Schemes for micro credit and income generation though welcome can neither be a

blanket nor an exclusive solution. Sex workers said that enrolment in alternate

employment should be voluntary. Some felt that offering socio-economic security

to older and/or ailing sex workers would be a more sound strategy than

persuading those gainfully engaged to give up their livelihood.

Future of sex workers’ children

The Minister enquired about sex workers’ aspirations for their children. A sex

worker from G.B. Road, Delhi said that she is able to send her children to

residential schools. She hoped that the Government would assist her children in

getting remunerative jobs once they completed their education.

A girl from Bihar described how in Patna, several sex workers’ children like

herself were attending schools. However, once their identity becomes known, they

face ridicule and a condescending attitude from schoolteachers.

She went on to say that sex workers’ children are almost always presumed to have

been trafficked. During raids, the Police pick up such children, who

subsequently get separated from their mothers. In some instances, children have

been made to undergo DNA tests to establish maternity, which was extremely

humiliating for the parent as well as the child.

A sex worker from Kolkata pointed out that like everyone else, sex workers too

seek a better life for their children. The extent to which they are able to

realize their aspirations depends entirely on their ability to secure their own

living and working conditions. Many sex workers pointed to the law that

criminalises earnings of sex work (Section 4, ITPA), which renders their adult

children punishable for living off prostitution.

Protection from HIV and AIDS

Replying to the Minister’s question of use of safety measures, sex workers said

that having come into contact with health workers over the last several years,

they were aware of the serious risk of HIV transmission.

Consequently, not only do they insist on condoms but also refuse/return money

when clients demand unprotected sex. Sex workers pointed out that coalescing

locally has enabled them to introduce and adhere to the “No Condom, No Sex”

rule.

Dr. S. Jana, Advisor DMSC, drew the Minister’s attention to the most

successful STD/HIV prevention intervention amongst sex workers in Sonagachi,

Kolkata. This unique, community owned project, which was premised on respect,

recognition and rights of sex workers, has shown consistent results vis-à-vis

STD and HIV control for over a decade now.

He said that similar community led interventions have been initiated in other

parts of the country to halt the spread of HIV in sex work settings. Dr Jana

emphasized that sex worker’s ability to use condoms consistently and with all

partners depends on the extent to which structural determinants such as

prostitution law protect sex workers’ rights and legal claims.

Sex Workers’ are allies not antagonists in anti- trafficking

A sex worker from Tirupathi, Andhra Pradesh urged the Minister not to

confuse their work with trafficking. She said that the Government’s sole focus

has been on pulling persons out of sex work, while ignoring the very factors

that push individuals and communities into sex work.

A sex worker from DMSC said that though ITPA was enacted to protect women and

children, trafficking continues unabated on account of the Police – Mafia nexus.

The representative from Bihar described how Parcham, a group of sex workers’

children in Patna informs the Police about new, underage recruits in sex work,

with the intention of aiding their removal. Describing the Police’s complicity,

she said that officials turned a blind eye and also warned Parcham to mind their

own business.

Representatives from DMSC shared how by acting as gatekeepers, sex workers have

removed more than 300 underage and unwilling girls from different sex work sites

in and outside Kolkata. They appealed to the Minister to recognize the

self-regulatory boards in West Bengal and encourage their establishment

elsewhere. On behalf of the community, DMSC extended support to the Government’s

efforts to counter trafficking and prosecute traffickers but cautioned that the

same should not be done at the cost of sex workers’ rights.

Role of the Police

Across the board, sex workers complained of brutality and abuse at the hands of

the Police both on the streets as well as in custody.

Representatives from Bangalore described graphic incidents of violence in lock

ups such as putting chilly powder in their vaginas and exposing their breasts to

electric shocks. Female and hijra sex workers from Tirupathi voiced how the

Police published photographs of sex workers, exposing them to public

identification and ridicule.

A sex worker from Hyderabad spoke about getting apprehended while doing

activities unrelated to sex work such as grocery shopping and dropping children

off to school. To avoid arrests, sex workers have to pay hefty bribes to the

Police and goondas. As a result, they are

left with little money for themselves and their family.

Sex workers went on to describe the obstacles that police intrusions posed in

universalizing HIV prophylaxis and safety. Representatives from Bangalore

brought instances of Police destroying condoms to the Minister’s notice.

Sex workers from Mysore and Kolkata informed the Minister that while they are

able to use condoms with paid clients, it is unpaid and coerced encounters with

the Police that expose them to STD and HIV. In one voice, sex workers accused

the Police of inflicting extreme violence and undermining their lives, health

and dignity.

Future steps

Towards the end of the meeting, the Minister admitted that the ITPA

Amendment Bill 2005, impacts sex work and sex workers in complex ways, that need

to be looked into. Having heard the community’s views, the Minister indicated

that she would hold consultations with other stakeholders on the Amendment Bill.

Therefore, its introduction in Parliament during the ongoing session seems

unlikely.

Meanwhile, over 4,000 sex workers from all parts of the country staged a natonal

march in Delhi on 8th March 2006 to oppose the Amendments and demand rights.

_________________________

Tripti Tandon

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@...