Bilkis Bano Case

 

Rights of Sex Worker- Indian and Other Countries

Sex workers are mainly known as PROSTITUTES in society. They evolved with the evolution of society and continue to grow according to them. Sex workers are very prominent in society but their recognition is not so. In the Indian society, sex worker are measured equal to animal. Tale about prostitution in homes and open area is considered as a sin. Because they are not worth talking about and are very low level topics. Prostitution, as their profession called, mean exchange of body in term of money and any other goods.

 With the growth of Human society, urbanization and industrialization the problem of prostitution has also been growing. On face, society says that they are against the prostitution but they are the one who encourage it from behind. Prostitution has been given new name in higher societies "Escorts". It has been given to make it more appealing.

Prostitution not only plays a vital role in common man like or high society people's life also in politics. In politics they are used as a means of gift to get the party in their favor. It has been practiced from the early ancient period.

MEANING OF SEXUAL WORKERS

In simple words, sexual workers are people who perform sexual activities with other people in exchange of money or other valuable things. A person is a sexual worker mostly against their will. Firstly either they are kidnapped or sold by their family member for money in the prostitute market.

"Sex workers are women, men and transgendered people who receive money or goods in exchange for sexual services, and who consciously define those activities as income generating even if they do not consider sex work as their occupation". Definition given by World Health Organization.

According to English Oxford Dictionary Sex worker is "A person who engages in prostitution, appears in pornography, or takes part in similar activities for payment".

Sex workers act mainly contain three act 1) Different client every time 2) Exchange of body to money for sexual pleasure or pain 3) Sexual union of different type.

Sex workers mostly don't have any specific client it changes time to time, sometimes sexual worker has regular client. Exchange of money or gold or something precious is used to get a prostitute. Exchange of money is made very discreetly or without someone knowledge. Usually sex workers has their agent or agents who manage their money thing. After the exchange of money a person can anything with her body, can use it for pleasure or pain. Sex union are of different types like normal sex or dominant and submissive sex.

Male sex worker are those who provide sex to women and sometime to men also. Male sex workers are rare in India. Lesbian sex workers are also rare case.

STATUS IN INDIA OF SEXUAL WORKERS

In India, there is no specific status of sex workers. It is illegal in India. The government has taken action against it. But even after the passing of act, prostitution is at full swing. In India, Prostitutes are misjudged and treated very badly. They are seen as a shame on the country's reputation. Even high class people, politicians, people sitting in influential positions use prostitutes to satisfy their needs but discreetly. In front of society they oppose the prostitution. Prostitutes are seen as characterless just because they sell their body for money.

LAWS RELATED TO SEXUAL WORKERS IN INDIA

The Immoral Trafficking Prevention Act, 1956 (ITPA) this act came into force in 1956 for the welfare of the prostitutes. This act says that prostitution is not criminalized or prostitutes per se, but the person who’s is  living on the earning of prostitutes or has opened a brothel will be criminalized under this act.

Section  3 provides punishment for keeping a brothel or allowing premises to be used as a brothel.

Any person who keeps or manages, or acts or assists in the keeping or management of, a brothel,

A any person who, –

Being the lessee, occupier, tenant, or person in charge of any premises, uses, or knowingly allows any other person to use, such premises or any part thereof as a brothel, or

Being the owner or lessor or landlord of any premises or the agent of such owner, lessor or landlord, lets the same or any part thereof with the knowledge that the same or any part thereof is intended to be used as a brothel, or is willfully a party to the use of such premises or any part thereof as a brothel.

To prevent prostitution in India, Government passed many other acts namely,

1) Suppression of Immoral Traffic in Women and Girl Act -1956

2) Prevention of Immoral traffic act- 1956

3) Immoral Traffic (Prevention) Act-1956

LEGAL RIGHTS AND PROTECTION TO SEX WORKERS IN INDIA

1) In the present state of affairs the laws that regulate prostitution in India is Immoral Trafficking (Prevention) Act, 1956 (this was before amendment known as Suppression of Immoral Traffic in Women and Girl Act, 1956).

2) It is the main statute dealing with prostitutes in India.

3) One of the major protection that it gives to prostitute workers is:

·        a) It does not criminalize prostitution per se,

·        b) It punishes the acts of third parties such as middle men, brothel keepers, pimps,               etc. who either facilitate this entire act or procure and live on the earnings of the               prostitute.

4) Since involvement in this sex trade makes the sex workers highly vulnerable to exploitation, hence the latter category of protection is held in a very high regard by the lawmakers.

5) In furtherance to same-sex workers cannot solicit in public spheres but can practice their trade privately.

6) In private spaces neither the workers nor the clients are held criminally liable or prosecuted.

RIGHTS OF SEX WORKERS IN OTHER COUNTRY

Every country has a different view toward the sexual workers. Usually it depends upon the culture of the society and mindset of the society. In western society many countries has legalized the prostitution because they think if a problem can't be control by making it crime then make it legal so it can work accordance to that. There are several countries which has legalized it and few of them are -

1) In Denmark, prostitution was decriminalized in 1999, partly because it seemed like keeping watch over the industry would be easier if it were happening out in the open

2) Prostitution is completely legal in Costa Rica. In fact, it’s a common profession, especially in popular tourist destinations.

3) Prostitution is legal in Argentina as long as the participants are over the age of 18.

4) While prostitution is legal in France as long as there are no pimps, brothels, or advertising involved, the French Government passed a bill in 2003 which made even "passive soliciting" illegal. As of 2016, a new law will treat the sex worker as a victim rather than a criminal.

5) Prostitution has officially been legal in the Netherlands for those over the age of 18 since October 2000. But, strangely enough, the clients only have to be over 16 years old. Brothel ownership is legal but they do face zoning requirements and, like prostitutes, they must be legally registered and pay taxes.

As we can see from few examples, many country try to control prostitution by legalized it. By legalization, government is giving an opportunity to the workers of being identified and have a good status in society.

CONCLUSION

In India lawmakers has tried to give rights to the sexual worker but has not been successful. There is a very grave need of make changes as the rights of sexual workers are being exploited at very high level. Human trafficking is also need to be controlled because sex workers are usually those who are kidnapped and sold in the red light area.

Though it is considered illegal it is one of the highest traded business in India .As it in India in every 14 minutes a girl is forced or raped. Hence it believed that legalization of prostitution can have many advantages as well.

1.       Minimization of Rape
2.      Forced prostitution
3.      Giving dignity to those who are in this profession to earn maintain livelihood.
4.      Giving an outlet to those who have desire and exploit surrounding neighborhood.

If the government wants to give a better living status, a good identity and better living condition and better future for their children. They have to make changes in the law and make sure they are mostly in favor of sex workers and also control human trafficking. It is government duty to make sure they are properly executed and worked in favor of SEXUAL WORKERS.