Petition seeking restoration of rights of sex workers in Surat filed

[Guest guest]

Dear FORUM,

This is in reference to the postings on violence and oppression of sex

workers in Chakla Bazar area of Surat, Gujarat at the hands of law

enforcement agencies some weeks ago. Sahyog Mahila Mandal, an organisation

of over 200 sex workers from the area, legally aided by the Lawyers

Collective HIV/AIDS Unit, has filed a petition before the Gujarat High Court

for relief and restoration of the sex workers’ rights.

Background

Since January this year, sex workers in Chakla Bazar have been subjected to

intense harassment, violence and abuse at the hands of the local police. The

women complained of being physically violated and brutally beaten at the

time of raids along with ransacking of their homes and seizure of

belongings. Between January and April 2003, more than 500 sex workers from

the area were apprehended by the police and several others were harassed and

abused. In July 2003, women from the area were locked out of their homes and

thrown onto the streets along with their children by the police, who

threatened the landlords with dire consequences if they allowed women access

into their homes.

The raids, violence and subsequent eviction of sex workers from Chakla Bazar

has disrupted HIV/AIDS prevention efforts in the area. The HIV intervention,

being run by the Preventive and Social Medicine Department of the Surat

Medical College, with support from the Gujarat AIDS Control Society and the

National AIDS Control Organisation has been set back with the project

recording a drop in the number of sex workers and clients seeking services

including information, counselling, treatment for STDs and condoms. This

has endangered the health of sex workers and the larger public alike.

The affected women have been sitting on a dharna since 4.9.03 but the

authorities have shown complete apathy to their plight. At one time, the

police declared that the women will be accommodated in the state home but

the women have collectively rejected such forcible rehabilitation measures.

Seeking justice and redressal

After several unsuccessful attempts made by concerned agencies to dialogue

with law enforcement and state authorities, Sahyog Mahila Mandal, legally

aided by the Lawyers Collective HIV/AIDS Unit recently filed a petition

before the Gujarat High Court challenging excessive and unlawful acts of the

Surat police and seeking restoration of the rights of sex workers. Some of

the key contentions raised in the petition include:-

That sex workers in Chakla Bazar, like other citizens, are entitled to the

right to life and liberty, privacy, equal protection before the law and

protection from arrest and detention as enshrined under Articles 14,19, 21

and 22 of the Constitution of India and that the actions of police officials

in Chakla Bazar tantamount to violation of these rights.

That the police in Chakla Bazar have exercised their powers arbitrarily

and in contravention of procedure established by law including provisions

under Immoral Traffic Prevention Act (ITPA), 1956 and the Criminal Procedure

Code. This is evident from that fact that no records were maintained, no

witnesses were present at the time of raids, the women were not informed of

the reasons for arrest and were not produced before the Magistrate. Besides,

the police did not adhere to elementary standards of decency in that they

barged in when the women were not fully clothed.

That the procedural provisions under the ITPA including Sections 14 and

15, which confer wide powers to the police including powers to search any

premises and remove persons without a warrant, which are subject to gross

misuse and abuse as in Surat are ultravires. Prostitution per se is not

illegal and the powers granted to the police are unnecessary and in excess

of what is required in public interest. The ITPA purportedly targets

trafficking for prostitution but makes all offences cognisable, including

those unrelated to trafficking such as public prostitution and solicitation

under Sections 7 and 8 respectively. The Act fails the constitutional

requirement that procedure established by law must be fair, just and

reasonable and hence should be should be read/struck down.

That the arbitrary use of the Gujarat Prevention of Anti Social Activities

Act (GPASA), 1985, against sex workers in Chakla Bazar is questionable and

that their detention under the Act is unwarranted and unconstitutional.

The petition refers to the success of the Sonagachi project in Kolkata

vis-à-vis controlling HIV/AIDS and preventing entry of minors and unwilling

persons in sex work by adopting a rights based approach and makes a case

against using coercive and punitive measures.

Among other prayers, the relevant relief sought in the petition includes:

1. An inquiry into the Chakla Bazar raids be instituted and appropriate

action be taken against officials who have acted in contravention of the

law.

2. That the police be restrained from barring the women from entering their

homes in Chakla Bazar.

3. That Sections 14 and 15 of the ITPA along with Section 2(g) of the GPASA

be declared unconstitutional.

The next date of hearing for the case is 4th November 2003. For further

inquiries, please contact:

Lawyers Collective HIV/AIDS Unit

E-mail: aidslaw@...

E-mail: aidslaw1@...