Re: Licensing sex work. congratulating the Hon'ble Mayor of KMC

[Guest guest]

To,

The Mayor

Kolkata Municipal Corporation

Kolkata

Sub: An open letter to Hon'ble Mayor of KMC congratulating his intentions and

spirit to recognize sex-work as work.

Dear Sir,

DMSC welcomes any attempt or step towards up-liftment of sex workers and

decriminalization of sex-trade and men, women and transgender who are engaged in

sex-work as a positive step. Administrative steps to grant professional

recognition to SWS should have been taken earlier for such recognition is

already being issued by the Government in Taiwan, Singapore, Australia and New

Zealand and other countries, which are among the most developed economies in

Asia Pacific.

In respect of the recent controversy reflected in the media regarding the

statement of the Mayor of KMC about the trade licensing of the SWs. We would

like to make the following statements: -

Article 23 of the constitution does not prohibit prostitution per se but is

applicable only to cases of Trafficking and forced labour. Trafficking and

forced labour eg. forced induction of minors in to prostitution come within

the prohibitory ambit of article 23, but prostitution carried on by an

adult on an individual basis does not contravene either the provisions of

the constitution of India or the Immoral Traffick Prevention Act.

Essentially for the last 3 years DMSC has set up 23 Self Regulatory Boards

in collaboration with Ministry of Social Welfare Health and through

representation of local Government (Panchayet Leader, Councilor etc.) for

the Prevention of Traffickking, Prevention of forced induction of persons

into the profession, rescue of minors from the hands of Traffickkers and

brothel keepers and associated social work intended to give meaning to the

intention of the legislature in drafting article 23 of the constitution and

the Immoral Traffick Prevention Act.

However, several impediments towards practice of the profession remain

contained in Acts like the ITPA, Premises Tenancy Act, and some other

lesser known rules and regulations.

Under the circumstances, our organisation welcomes the positive intention

of the Mayor in as much as decriminalization of the profession and

establishment of the right to work is considered. However, DMSC fights for

those who see sex work as an adult profession and for securing means of

livelihood. The need of the day to be the issuance of professional

recognition from a Self Regulatory Board or similar professional body, and

how much that need would be fulfilled by a corporation trade license is a

matter of conjecture and yet to be seen.

We believe that the positive intentions of the Mayor as per his declaration

regarding trade licenses, that such would strengthen the hand of the SWs in

his/her establishment of right to work can only succeed against the

backdrop of joint efforts involving organisations representing sex workers.

We believe that joint efforts at all levels are needed to first repeal the

relevant sections of those Acts or the PITA Act in toto which go beyond the

ambit of article 23 of the constitution and impose illogical restrictions

and penalties upon the freedom of profession of a sexworkers. We also

believe that the issue of fruitful recognition to professionals of sex work

cannot be realized unless:

a) Legal provisions denying right to shelter, right to earn and right to

maintain a family by a sexworkers is repealed.

Self Regulatory Board involving representation of sexworkers and relevant

parts of the administration in the purpose of issuance of professional

recognition to sex workers is formed.

c)Professional rules, regulations and beneficial legislations for the practice

of this profession are formed through joint participation of the affected.

To the realization of the above ends and their implementation our organisation

welcomes any positive step that comes from any authority.

Thanking you.

Yours sincerely,

Swapna Gayen

Secretary

Durbar Mahila Samanwaya Committee (DMSC)

12/5 Nilmoni Mitra Street

Kolkata 700006, INDIA

Email: sonagachi@...