Legalizing prostitution. Report of a symposium

[Guest guest]

LEGALISATION OF PROSTITUTION - A SOLUTION, NOT A PROBLEM:

Today Mumbai, a city in a total grip of the election fever, had an

off-beat activity, the Symposium on " Should Prostitution be Legalised

by Licensing System? " ; which was jointly organised by Peoples Health

Organisation (India) and Mumbai District AIDS Control ociety(MDACS),

as a part of MDACS' initiative of Capacity Building of the NGOs, an

integrated part any intervention programme to reduce the impact of

HIV/AIDS.

PHO; an NGO known for its pioneering role to accord a status of 'Human

being' to sex workers, whole-heartedly supports the move of Hon.

Governor of Maharashtra Mr. Mohd. Fazal, reasserting its 22 years old

demand to legalise prostitution by licensing system. The meeting

attended by 20 NGOs thoroughly deliberated on betterment of the lives

of sex workers through three possible solutions-Abolition of

prostitution; Decriminalisation and Legalisation. While the first one

is most ideal, last one seems a practical solution. Through

legalisation one can achieve-

1)Abolition of child prostitution, forced prostitution and Devadasi

system and

2)Decriminalisation of sex workers by reducing their atrocities by

mafia and police.

3) While maintaining their health, their sexual health could be

Better regulated taking measures to reduce the impact of Sexually

Transmitted Diseases (STDs) and HIV/AIDS.

4)If linked to social security, it would give sex workers a

chance to quit prostitution if and when they decide and also help

their children see better light of the life.

5) Empowerment of sex workers to have a right to choose their clients

as even they have the right to take the protection of the law from

Unwanted soliciting.

6) Dignity to their profession and is likely to bring down the

rate of sexual crimes.

There is no system that could be full proof and every system is open

For correction as well as Corruption and preventive steps can be taken

in advance. Licensing system was introduced and practiced in Mumbai in

1889 and then once again in 1928-29. However on both occasions it was

discontinued due to some logistic reasons. It is worth trying its

improvised version once again, incorporating the changes necessited

by its failure on earlier occasions and success derived from similar

systems elsewhere such as in USA' s Nevada state, Germany's Bavaria

state. In the proposed system, while the

state could charge a License fee; which the sex workers would be glad

to pay officially than paying bribes (hafta) to police. They could be

brought in purview of 'Service Tax' of the Govt. In the lieu of that

the state would be obliged to provide periodic medical check-up and

social security for those who would like to quit as also for the

education and up-bringing of their children. The living condition of

sex workers ought to be improved and they could be provided a right to

refuse clients; knowledge, tools and legal back up to insist on

protective measures like condom.

Rather than blaming sex workers as reservoirs of STDs/HIV, let us

prioritise them by attention for improving their health and

considering them as a vulnerable lot of society. Fortunately enough

the attention has been brought to the miseries of sex workers, even

though belatedly, thanks to HIV/AIDS. Strong 'political will' is

needed to improvise them.

Mr. Pravin Patkar, President of PRERANA, an NGO working for welfare of

sex workers and their children for over decade and vice President of

ECPAT, passionately pleaded for abolition of prostitution and provided

counterviews on legalising prostitution. Several NGO representatives

including Laxmi, from Dai Welfare Society, a self-help group of Hijras

(Transgender persons) put in their points of views.

Ironically, a 1984-PHO survey in Mumbai among 126 women

organisations, revealed that all of them wanted 'prostitution' to

continue, the reason - it's a thermostat for the other women'.

However, most treat sex workers as persona non-grate. Their

reactionary opposition to legalisation is wrong and unfounded. HIV

prevalence in the countries where prostitution is legalised, is well

controlled. Legal Prostitution Unit of Nevada made a statement at an

AIDS conference, " Its safer to have sex with a legal prostitute in

Nevada than a house-wife " , as HIV increased in housewives, but sex

workers were free of HIV, due to safety rules, periodic check-up and

mandatory use of condom with provision of arrest who defied.

Prostitution has been a part and parcel of society down the ages. Sex

Workers are confined to cages and dirty lanes exploited by pimps,

Procurers and police; are victims of one-sided laws and

life-threatening diseases with HIV rate skyrocketing to 60%, with

poor access to healthcare and no virtues for their children. A major

PHO achievement has been to provide succour to their lot by making a

globally acclaimed " Project Saheli " , to reduce the impact of AIDS

through peer-education and safer sex; and a marked reduction in new

HIV infections in city. In the process, nearly 50% of the city's

estimated 100,000 (1991) sex workers were sacrificed to AIDS and 30%

migrated, many along with HIV. Contrary to popular belief that sex

workers make a lot of money, even their survival is hand-to-mouth.

Under the British rule prostitution went underground but continued to

flourish. Today it is rampant and has attached to it many stigmas and

taboos, besides becoming a reservoir of STD's the most deadly being

HIV/AIDS.

Developments in the city red-light areas during recent times show that

the sex workers as most hapless and defenseless women and always at

receiving end. Simulated police raids on brothels come as a knee-jerk

response to media stories, followed by rescue, but neither

rehabilitation nor reform.

Eventually, the rescued girls are back to sex work, sooner than later,

become further poorer entrapped in debts for paying huge sums to

police and for legal battles. Even a photo Identity card issued to

them is construed as illegal and termed a license to sex work, when

'prostitution per se is not an illegal act' as per Indian law.

Ruthless police actions and views of women activists challenge even

the survival of sex workers as citizens of India, 57 years after

independence. Its time sex workers start a second freedom struggle and

should defy 'hafta' (bribes). - like the 'Salt Satyagriha' when people

had defied payment of 'tax on salt'.

Parallels between notions v/s reality vis-à-vis Sex Workers in Mumbai

Were studied/analysed by PHO and we found that the number of sex

workers was <20,000 and is steadily declining; Daily clients/SW have

come down to an average of 2 per day (from 5 earlier); SWs are

literally starving; HIV rate among SWs in Mumbai is stable or

decreasing; despite several Rescue operations there has been no

concrete efforts for Reform; and Licensing system will be a better

solution. On the flip side it may be argued – this may possibly

endanger the family structure; if sex is freely and legally available

outside the home.

PHO challenges those suggesting ban on prostitution, to start

employing sex workers at least in offices, if not at homes. Should

prostitution be legalised or should it continue the way it is today

and allow sex workers to languish, be called as disease transmitters

and treated as sub-humans?

Dr.I.S.Gilada, Secretary General,

Peoples Health Organisation (India)

Municipal School Building, J.J. Hospital Compd, Mumbai-400008

Tel.(22)-23719020; Fax: 23864433; Web: www.aidsasia.info E-mail:

E-mail: <ihoaids@...>