Yojana -July 2017 - Sex Workers

 SEX WORKERS
"Sex worker" means a female, male or a transgender over the age of eighteen years who receives money or goods in exchange for sexual services, either regularly or occasionally.

STATUS OF SEX WORKERS IN INDIA
Three million women are engaged in commercial sex activity (CSA) in India, a 50% rise from 1997. Over 60% of those trafficked into sex work are adolescent girls in the age group of 12-16 years. More than 35% girls in India enter CSA before 18 years of age.

India has three lakh brothels in 1,100 identified red-light areas, housing nearly five million children in addition to commercial sex workers, the report by philanthropic foundation Dasra, the Hummingbird Trust and Kamonohashi Project said. More than 25 percent women in commercial sex activity in India are in Maharashtra (14.20 percent) and West Bengal (13 percent), the report said.
Despite increasing public outcry about violence against women in India, systematic large scale abuse in the name of commercial sex work remains socially acceptable.
The report aims to draw attention to the growing victimization of women, highlights high impact non-profits working on the issue and the outlines the role of philanthropy in scaling their efforts.

FORMS OF VIOLENCE FACED BY SEX WORKERS
1. Physical violence: Being subjected to physical force which can potentially cause death, injury or harm. It includes, but is not limited to: having an object thrown at one, being slapped, pushed, shoved, hit with the fist or with something else that could hurt, being kicked, dragged, beaten up, choked, deliberately burnt, threatened with a weapon or having a weapon used against one (e.g. gun, knife or other weapon). These acts are operationally defined and validated in WHO survey methods on violence against women. Other acts that could be included in a definition of physical violence are: biting, shaking, poking, hair-pulling and physically restraining a person.
2. Sexual violence: Rape, gang rape (i.e. by more than one person), sexual harassment, being physically forced or psychologically intimidated to engage in sex or subjected to sex acts against one’s will or that one finds degrading or humiliating.
3. Emotional or psychological violence:Being insulted (e.g. called derogatory names) or made to feel bad about oneself; being humiliated or belittled in front of other people; being threatened with loss of custody of one’s children; being confined or isolated from family or friends; being threatened with harm to oneself or someone one cares about; repeated shouting, inducing fear through intimidating words or gestures; controlling behaviour; and the destruction of possessions.
4. Human-rights violations that should be considered in conjunction with violence against sex workers are:
• having money extorted
• being denied or refused food or other basic necessities
• being refused or cheated of salary, payment or money that is due to the person
• being forced to consume drugs or alcohol
• being arbitrarily stopped, subjected to invasive body searches or detained by police
• being arbitrarily detained or incarcerated in police stations, detention centres and rehabilitation centres without due process
• being arrested or threatened with arrest for carrying condoms
• being refused or denied health-care services
• being subjected to coercive health procedures such as forced STI and HIV testing, sterilization, abortions
• being publicly shamed or degraded (e.g. stripped, chained, spat upon, put behind bars)
• being deprived of sleep by force.
INITIATIVES TAKEN IN INDIA TO IMPROVE THE CONDITION OF SEX WORKERS
Prostitution in India is not illegal, per se. Yes, it is not illegal to trade sex for money in India. The law doesn’t see trading sex for money as a crime. However, it is illegal to incorporate any activity that is related to it such as
• Pimping
• Managing or owning a brothel
• Prostitution in a Hotel
• Soliciting in a public place (within 200 yards in the vicinity of a public place)
• Pandering
SITA, 1956
The first law ever created related to prostitution was The Suppression of Immoral Traffic in Women and Girls Act or SITA, 1956. It allowed prostitutes to ply their trade in private but they could not carry out their business out in the public which would be within 200 yards in the vicinity of a public place. Public places being hotels, schools, bars, hospitals etc.
PITA, 1986
The second law in relation to sex trade was in 1986. The Immoral Traffic Act (Prevention) or PITA, 1986. PITA stated that prostitutes can be arrested for soliciting sexual services. It also stated that call girls could not make their contact numbers public. Non-compliance would lead to 6 months in the penitentiary. Under the PITA, pimps, panderers and anyone who is feeding off of the money that comes from prostitution can face imprisonment of up to 2-4 years. Sex with a minor, someone who is below the age of 18 years can lead to 10 years of prison time. Managing and owning brothels and forcefully keeping sex workers can make you face 3-7 years in prison.
UJJAWALA SCHEME

The Central Government is implementing ‘Ujjawala’, a comprehensive Scheme for prevention of trafficking and rescue, rehabilitation and reintegration of victims of trafficking for commercial sexual exploitation since 4th December, 2007. The Scheme is envisaged for women and children who are vulnerable to trafficking and those who are victims of trafficking for commercial sexual exploitation. However, sex workers who are voluntarily in the trade and wish to be rehabilitated, can also avail of rehabilitation services provided under the Ujjawala Scheme.

Under the Scheme, 76 Protective and Rehabilitative Homes have been sanctioned, in the country, which can accommodate upto 3800 beneficiaries. These Rehabilitative Homes are given financial support for providing the inmates basic amenities such as food, clothing and shelter, medical care, legal aid, education in case the victims are children as well as for undertaking vocational training and income generation activities to provide the victims with alternate livelihood option.

NATIONAL SCHEME FOR REHABILITATION OF SEX WORKERS
A panel constituted by the Supreme Court of India to look into the rehabilitation of sex workers, on 08th of November, 2012 has submitted a rehabilitation scheme to the Supreme Court. The panel has suggested to the Apex Court that the scheme should be a national scheme.
The scheme is first of its kind and provides rehabilitation to sex workers as well as victims of commercial sexual exploitation. Some of the important high lights of the scheme are
1. It will be a national scheme.
2. Provision for shelter – institutional & non institutional.
3. Scheme provides various kinds of options - education, vocational training, job, economic enterprise, etc.
4. Support for education of children of sex workers.
5. Victim can be referred for the scheme by any one –social work organization, department of women & child development, self group, police, sex work collective, etc.
6. Victims can themselves make an application for the scheme.
7. Introducing, the concept of “Mentor”, a person to assist the victim in her rehabilitation.
8. “Mentor” will be paid for providing services.
9. A monitoring team consisting of victims, district collector, social workers, and representatives from department of women and child development, police, district chambers of commerce and industries.
10. Provision of assisting the sex worker to get voting card, ration card, adhar card, etc to get benefits from government schemes.

THE SEX WORKERS (WELFARE AND REHABILITATION) BILL, 2016
In India sex workers (welfare and rehabilitation) bill have been introduced in Parliament. The salient features of the bill are:-
1. The Central Government shall, by notification in the Official Gazette, constitute a Board to be known as the National Sex Workers Welfare Board to exercise the powers conferred upon it by or under this Act.
2. The Board shall undertake or cause to be undertaken, necessary measures, programmes and policies for the rehabilitation of the sex workers
3. In particular and without prejudice to the generality of foregoing provision, the rehabilitation measures shall include—
(a) provision of a photo identity card to sex workers containing, inter alia, details of all dependent members;
(b) free monthly health checkup and free medical aid and medication for Human Immunodeficiency Virus Infection (HIV), Sexually Transmitted Infections (STIs) and other life-threatening diseases caused due to their profession;
(c) establishment of Integrated Counseling and testing Centres for HIV and anti-retroviral treatment;
(d) scholarship to the children of sex workers as per the relevant scheme of the Central Government or the State Government or the local authorities, as the case may be;
(e) allotment of a residential plot and financial assistance for construction of a house thereon or a ready-built house, subject to eligibility and willingness of the sex worker and the provisions of the relevant scheme of the Central Government or the State Government or the concerned local authority, as the case may be;
(f) training in a livelihood skill to sex-workers or at least one adult member of their family with payment of monthly stipend of not less than three thousand rupees during the period of such training;
(g) admission, without discrimination, into educational institutions recognized by the Central or a State Government;
(h) subsidy and concessional loans to sex-workers, or at least one adult member of their family, subject to eligibility and willingness, for taking up an alternative occupation on a sustainable basis, in such manner as may be stipulated in the relevant scheme of the Central Government or the State Government or the concerned local authority, as the case may be; and
4. Whoever violates the provisions of this Act shall be punished with imprisonment for a term which may extend upto twelve months and with fine which may extend upto fifty thousand rupees.

TRAFFICKING OF PERSONS (PREVENTION, PROTECTION AND REHABILITATION) BILL 2016
It is a bill to prevent trafficking of persons and to provide protection and rehabilitation to the victims of trafficking and to create a legal, economic, and social environment against trafficking of persons and for matters connected therewith or incidental thereto. Main provisions of the bill are:-
? District Anti- Trafficking Committee: The appropriate Government shall, by notification, constitute for every district, a District Anti Trafficking Committee, for exercising the powers and performing such functions and duties in relation to prevention, rescue, protection, medical care, psychological assistance, skill development, need based rehabilitation of victims as may be prescribed.
? State Anti-Trafficking CommitteeThe appropriate Government shall establish State Anti–Trafficking Committee to oversee the implementation of this Act and advise the State/UT Government and District Anti-Trafficking Committee on matters relating to prevention of trafficking, protection and rehabilitation of victims of trafficking in persons and to perform such other functions and duties as maybe prescribed.
? Central Anti- Trafficking Advisory Board: The Central Government shall constitute a Central Anti–Trafficking Advisory Board headed by the Secretary, Ministry of Women and Child Development and representatives from the concerned Ministries, State/UTs and members from civil society organisations as may be prescribed;
? Protection Homes shall provide for shelter, food, clothing, counselling and medical care that is necessary for the rescued victims and such other services in the manner, as may be prescribed.
? Special Homes: The appropriate Government shall maintain either directly or through voluntary organisations or use the existing shelter homes, as the case may be, one or more Special Homes in each district for the purpose of providing long- term institutional support for the rehabilitation of victims, in the manner as may be prescribed.
? Registration of Homes:Notwithstanding anything contained in any other law for the time being in force, the Protection Homes and the Special Homes, shall be registered under this Act in such manner as may be prescribed by the appropriate Government
? Rehabilitation And Social Integration:The appropriate Government shall frame schemes and programmes, in such manner as 7 maybe prescribed, for the purpose of providing rehabilitation, support and after care services necessary for the social integration into mainstream society of the victims and to prevent re-trafficking
? Offences AndPenalties: Any person in-charge of Protection Home or Special Home providing shelter to the victims contravenes any of the provisions of section 10, shall be punished with imprisonment which may extend to one year or with a fine not less than one lakh rupees, or with both.
? Investigating Officer: The State Government shall designate a police officer of the rank of Gazetted Officer to be an Investigating Officer for investigating offences under this Act and under section 370 to 373 of the Indian Penal Code, 1860
? Anti-Trafficking Fund: The appropriate Government, as the case maybe, shall create a fund for the effective implementation of this Act and also for the welfare and rehabilitation of the victims, as maybe prescribed.There shall be credited to the fund such voluntary donations, contributions or subscriptions as may be made by any individual or organisation.

VALUES AND PRINCIPLES FOR ADDRESSING VIOLENCE AGAINST SEX WORKERS
Core values
? Promote the full protection of sex workers’ human rights. This includes the rights to: nondiscrimination; security of person and privacy; recognition and equality before the law; due process of law and the highest attainable standard of health; employment, and just and favourable conditions of employment; peaceful assembly and association; freedom from arbitrary arrest and detention, and from cruel and inhumane treatment; and protection from violence.
? Rescue and Rehabilitation:Reject interventions based on the notion of rescue and rehabilitation. Even when supposedly focused on minors (who are not sex workers), such raids deprive sex workers of their agency (the choice, control and power to act for themselves) and increase the likelihood that they will experience violence.
? Promote gender equality by encouraging programme planners and implementers to challenge unequal gender roles, social norms and distribution and control of resources and power. Intervention strategies should aim for more equitable power relationships between sex workers and others in the wider community.
? Respect the right of sex workers to make informed choices about their lives, which may involve not reporting or seeking redress for violence, not seeking violence-related services, or continuing in an abusive relationship.
? Gather information about local patterns of violence against sex workers, and the relationship of violence to HIV, as the basis for designing programmes
? Use participatory methods. Sex workers should be in decision-making positions where they can engage in processes to identify their problems and priorities, analyse causes and develop solutions. Such methods strengthen programme relevance, build enduring life and relationship skills and help ensure the long-term success of programmes.
? Use an integrated approach in designing interventions. Holistic programmes that include provision of health services, work with the legal and justice sectors and are community-based so that it can have a greater impact on violence against sex workers and the risk of HIV. Such programmes require establishing partnerships with a wide range of groups and institutions.
? Build capacity of programme staff to understand and address the links between violence against sex workers and HIV. Programme staff should be able to respond sensitively to sex workers who experience violence, without further stigmatizing or blaming .
? Recognize that programmes may have unintended harmful impacts for sex workers, such as retaliatory or “backlash” violence. Prepare for this possibility and monitor programmes for such unintended consequences.
? Evaluate programmes to identify strategies that reduce risk factors and levels of violence faced by sex workers, in order to build the evidence base and ensure that resources are directed to the most beneficial strategies. Include measurable objectives that articulate results to reduce violence against sex workers.
? Aiming to change laws and policies that criminalize sex work and administrative laws that are used to harass and abuse sex workers
? Aiming to change law-enforcement practices that harass or abuse sex workers and deny them their human rights
? Building institutional accountability for existing laws and policies upholding the human rights of sex workers
? Countering stigma and discrimination against sex workers and promoting sex work as work
? Provide necessary infrastructure: This may include local mobile phone numbers and/or hotlines staffed by trained community members. The availability of support services may need to be advertised through word of mouth, fliers and other communication channels.
? Providing health services to sex workers who experience violence .Sex workers who experience physical, sexual and psychological violence may need medical care in both the short and long term. In most settings there are hardly any specialized medical services for those who experience violence. Therefore, it may be useful to consider integrating services for those who experience violence into the broader set of HIV prevention, treatment and care and other health services for sex workers.

SHOULD PROSTITUTION BE LEGALISED IN INDIA- PROS AND CONS
In a country like India which is defamed on treating its women badly and well known for the rising crimes against women, making laws on prostitution is a solicitous debate. It cannot be denied that there are sex workers who get physically abused or become victims of violence from their pimps and even clients. Women prostitutes in countries or states wherein it is considered illegal are less likely to report to the authorities when they get hurt.
PROs behind legalization of Prostitution
? Prostitution legalization will protect women for abuse and violence. Unlike illegal prostitution wherein sex workers might be forced to engage in sex without condoms, decriminalizing it can allow the state to impose the use of protection when engaging in commercial sex and for the workers to get regularly tested for sexually transmitted diseases (STDs).
? Prostitutes have the exact same rights as you or me. If I have the right to speech and expression, if I have the right to live freely, so does a prostitute. Legalization will give a voice to the prostitutes, they will get proper representation, and they will be able to fight against injustice with as much will as a person with a regular job would. This will also make laws sturdier to ensure that illegal prostitution is banned
? Once it becomes legal then the harassment of women or the sex workers by the police would reduce tremendously, these prostitutes will exist in certain government defined areas and will have proper licenses to work. This would also bring the names of these workers in the government records and they will have to pay a good amount of their income as tax.
? Proper health checks of the women into this profession would help in reduction of Sexually Transmitted Diseases like AIDS etc., also, the prostitutes will be able to strongly assert their customers to use proper contraceptives, or they could take action against them. This way they will be empowered, shunning the callous behaviour of the government and the bureaucracy.
CONs behind legalization of Prostitution
Prostitution is a victimless crime: Prostitution creates a setting whereby crimes against men, women, and children become a commercial enterprise... It is an assault when he/she forces a prostitute to engage in sex scenes.
Prostitution as an institution is evil. It doesn't matter if it is the 'world's oldest profession', it is still wrong."it is a very dangerous and risky business to get into. Even with the decriminalization of prostitution, women and even children can still suffer from violence and physical abuse. People who are into this profession are prone to rape. The mortality of sex workers are higher as opposed people who have other jobs.
Sexually transmitted diseases:-Even if a prostitute is being tested every week for HIV, she will test negative for at least the first4-6 weeks and possibly the first 12 weeks after being infected. This means that while the test is becoming positive and the results are becoming known, that prostitute may expose up to 630 clients to HIV.
Prostitution cannot eliminate rape when it is itself bought rape. The connection between rape and prostitution is that women are turned into objects for men's sexual use; they can be either bought or stolen. A culture in which women can be bought for use is one in which rape flourishes.
It will also encourage human trafficking: Human trafficking, especially of girl children, is rampant in our country. With poverty driving some parents to sell their kids to sexual predators is alarming and if prostitution will be legal, more children will be coerced to be sex workers.

By: Anupama Sharma