Government introduces ITPA amendment Bill disregarding protests from sex workers' groups.

[Guest guest]

Amendments to Immoral Traffic (Prevention) Act, 1956 (ITPA) introduced in

parliament

Government fails to consider concerns raised by National Network of Sex Workers

New Delhi, 24 May 2006 – Clearly concerned by the amendments introduced by the

government in parliament on 22 May 2006, the National Network of Sex Workers

(NNSW) and health and legal groups like the Lawyers Collective HIV/AIDS Unit are

opposing the proposed law as it takes away the livelihood of sex workers and has

serious repercussions on public health.

“The amendments were introduced despite our opposition and no effort has been

made to understand the public health concerns that we are raising regarding the

provisions introduced in parliament”, says Mala Singh, a sex worker and a peer

educator in an HIV/AIDS project in Sonagachi, Kolkata, speaking at a press

conference held in Delhi.

“Despite repeated assurances to the NNSW and the Lawyers Collective that they

would be consulted, the Department of Women & Child Development, Ministry of

Human Resource Development, has introduced the amendment bill to the Immoral

Traffic (Prevention) Act, 1956 (ITPA) in Parliament”, said Anand Grover,

Director of the Lawyers Collective HIV/AIDS Unit. “This goes against the

principles of justice as those who are most affected by a proposed law

should be consulted as it directly impacts their lives”, he added.

The provision being opposed by sex workers and public health experts alike is

Section 5©, which seeks to penalize clients. Dr. Jana, a doctor who has

worked to prevent HIV/AIDS among sex workers in the last decade explains

“penalising clients will render interventions carried on by the government and

donor programmes to promote condom use in sex workers ineffective, as clients

wanting to avoid arrests will drive sex workers into hidden, unsafe settings.

The sex workers will be isolated and will lose the power to negotiate for condom

use. This will only fuel STI/HIV/AIDS”.

Putul, a sex worker and representative of NNSW adds “for many of us who earn our

livelihood as sex workers we have no choice but to oppose this provision”.

Public interest lawyers providing legal support to NNSW argue that the move to

punish clients is not in accordance with the existing legislative policy, as

understood in the ITPA, which is to punish third parties who profit from

prostitution and not sex workers or their clients. “Now in the name of

preventing trafficking, sex workers and their clients are being targeted and

criminalized, " says Tripti Tandon of Lawyers Collective HIV/AIDS Unit.

India is the second country to penalise clients of sex workers. The only other

country is Sweden. Reports from there indicate that only street based

prostitution has declined, most of sex work has gone underground with increased

control by international criminal gangs, with little opportunity of providing

health services to sex workers.

Ironically, on 23rd May 2006, one day after introducing the disputed Bill, the

Minister of State for Women and Child Development, Renuka Chowdhury informed the

Lok Sabha that nearly one lakh sex workers in India are HIV-positive and that

over 400 government aided interventions are working with sex workers.

“Interventions that HIV groups fear will come to naught if the proposed

amendments become law " , says Dr. Jana, a doctor working with Care India.

Lawyers Collective HIV/AIDS Unit

1st Floor, 63/2, Masjid Road,

Jangpura, New Delhi - 110 014

Phone -91-11-24377101, 24377102, 24372237

Fax - 91-11-24372236

e-mail - aidslaw1@...