Recent changes in police attitudes towards the Arrest of Sex workers

[Guest guest]

Dear friends,

Following to Andhra Pradesh Addl. DGP's directives, We followed it up with state

government in Kerala. After long struggle we have been able to bring

the top officers, administrators and concerned persons to take a decision

on ITP Act. Though no conclusive decision was arrived at the attitudinal

change among the administrators is very positive. So we are publishing the

decisions.

For FIRM and SWFK

Subhash T.V

_____________________

GOVERNMENT OF KERALA

No 12624/B3/2003/SWD. Social Welfare ( Department Thiruvananthapuram,

11.5.2004

From

The Secretary to Government

To

1. All participants.

2. Director General of Police.

3. The Secretary, Foundation for Integrated Research in Mental Health

(FIRM) T.C.14/1514, Beatrice Mansion, Thycaud, Thiruvananthapuram-14.

Sir,

Sub: - SWD- the unnecessary and illegal arrest of sex workers- Minutes of the

meeting forwarding of Reg.

I am to forward herewith the copy of the minutes of the meeting held on 3-1-04

on the issue of arrest of sex workers U/S 8 of the ITPA for information and

necessary action.

Yours

faithfully

R.Krishnakumar

Under Secretary

For Secretary

Approved for issue

Sd/-

Section Officer.

Copy to: -

Addl. Secretary to Chief Secretary.

P.A to Secretary (Social Welfare)

C.A to Addl. Secretary (Social Welfare)

Under Secretary 11

S/ F, O/ C.

No 12624/B3/2003/SWD

Social Welfare ( Department

MINUTES OF THE CO-ORDINATION COMMITTEE MEETING OF THE SOCIAL WELFARE

DEPT.HELD BY THE CHIEF SECRETARY AT 4.00 PM. ON 3-1-04 ON THE ISSUE OF ARREST OF

SEX WORKERS U/S 8 OF THE ITPA

List of participants:-

1. Shri. N.Chandrasekharan Nair (chief Secretary)(Chair)

2. Shri.N.Ramakrishnan (Principal Secretary (Home & Vigilance)

3. Shri. P. Vijayanand, IGP (PCR)

4. Dr. N.C. Asthana DIG (Admn)

5. Fr. Philip Parakkatt (Director, Don Bosco)

6. Shri. P. Kesavan Nair (Programme Officer, Kudumbasree)

7. Shri. K.S. Radhakrishnan, Director, (Admn & Finance) Kudumbasree)

8. Shri. Shaji A.K - Secretary (KSSWAB)

9. Shri. Venugopalan K .P (Deputy Secretary, LSG 9RD) Dept.)

10. Smt. Mollykutty Louis (Deputy Secretary Higher Education)

11. Smt. Geetha Thankachy. P (Deputy Secretary, General Education)

12. Shri. G. Sasi Kumar (Additional Secretary, LSGD)

13. Smt. K. Kamakshy (Additional Director of Social Welfare)

14. Shri. Ramkumar. V. (Law Secretary)

15. Shri. K. Ramamoorthy. (Secretary Health)

16. Smt. Sugathakumari (Secretary ABHAYA)

17. Smt. Lida , Secretary (Social Welfare)

18. Sr. DSS (Snehabhavan, Manvila)

19. Fr. Mathew SDB (Don Bosco/ Snehabhavan, Cochin-6)

20. Dr. T. K. Kuttamani (Addl. DHS)

21. Dr. M..Prasanna Kumar (Dy. DHS, Kerala State AIDS Control Society)

22. Shri. C.P. Ramaraja Prema Prasad (Joint Secretary, Law Dept.)

23. Shri. R. Krishna Kumar (Under Secretary, Social Welfare)

The meeting commenced at 4.00 PM with the Chief Secretary in chair.

2. The legal interpretation of the Section 8 of the ITP Act was

discussed in detail. The representatives of FIRM (an NGO) pointed out that

Addl. DGP, CID, Andhra Pradesh has issued a circular to all Superintendents

of Police and commissioners of Police in the State Pointing out that

Section (4) of the ITP Act stating that any person living on the earnings

through prostitution by another person is liable for the offence under this

section and not the victim who is indulging in prostitution for her own

living. It was argued that this should mean that the victim women cannot be

booked under section (4) of the ITP Act. Even though Section (8) of the

above act provides that whoever , in any public place or within sight of ,

and in such manner as to be seen or heard from, any public place, whether

from within any building or house or not

(a ) by words , gestures, willful exposure of her person (whether by

sitting by a window or on the balcony of a building or house or in any

other way)or otherwise tempts or endeavors to tempt, or attract or

endeavors to attract the attention of any person for the purpose of

prostitution; or

(b)Solicits or molests any persons, or loiters or acts in such manner

as to cause obstruction or annoyance to persons residing nearby or passing

by such public place or to offend against public decency for the purpose of

prostitution ,shall be punishable as first conviction with imprisonment for

a term which may extend to six months or with fine ,which may extend to

five hundred rupees, or with both , and in the event of second or

subsequent conviction , with imprisonment for a term which may extend to

one year and also with fine which may extend to five hundred rupees,

it was contended that section 8 should be interpreted in the spirit of

Section 4 of the Act and the women engaged in prostitution should be deemed

only as victims of sexual exploitation and that only pimps/ organizers/

traffickers should be booked under the Act. The organization therefore

wanted the Government of Kerala also to issue general circular instructions

to all Superintendents of police and the Commissioners of Police, not to

book the women victims of trafficking for soliciting under section 8 of the

ITP Act and bring to book only the traffickers & organizers.

3. DIG (Admn) pointed out that section 8 of the ITP Act is statutory

and so long as it is there, the directive issued by the Addl. DGP, CID,

Andhra Pradesh against invoking section 8 of the ITP Act is a serious

deviation in the eye of law. This observation was confirmed by the law

Secretary.

4. It was generally agreed that a harmonious construction of the

various provisions do indicate that section 8 is not in accordance with the

general spirit of the Act, However the proper course would be to get the

Act amended in tune with the times. Since the ITP Act, 1956 is a Central

Act (Act. No. 104 of 1956), the amendment is to be effected by the Central

Government. All the same, it was felt that the section 8 of the ITP Act

should be used by the police judiciously.

5. Chief Secretary stated that social considerations should also be

given due weight by the police before proceeding against women victims of

prostitution. Invoking of the provisions of law without giving due

consideration to the social aspects will certainly do more harm than good

to the society.

6. The meeting concluded at 4.35 P.M.

___________________________

SEX WORKER'S FORUM KERALA

FIRM-ANASOOYA

T.C.14/1514,Beatrice Mansion

Thycaud Post, Thiruvananthapuram-695 014, Kerala, India.

Tel: ++91-471-2324060, ++ 91-9447389517

E-mail: <swfk@...>