Analysis Of Victimization Of Sex Workers
Author: LawSphereX
Category: Labour & Employment
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ANALYSIS OF VICTIMIZATION OF SEX WORKERS
Pragalya M, LL.M. (Cyber Law and Cyber Crime Investigation), National Forensic Sciences University, Gandhinagar Preethingsvaren S, B.B.A., LL.B. (Hons.), School of Excellence in Law, Tamilnadu Dr. Ambedkar Law University, Chennai, Tamilnadu
ABSTRACT
India is rife with human rights abuses, but the frequency is particularly high in the life of sex workers. Sex work is not regarded as a moral career in India; rather, it is seen as an immoral and filthy lifestyle that endangers the morality of the "innocent" people. The final result of this stigma is the denial of essential rights and protections for sex workers and their relatives. and turning them into victims of social, economic and psychological exploitation. Although the sex workers are subject to multiple forms of victimization, they are often not considered to be ‘suitable victims’ by the general public as well as by the authorities. The issue of victimization also poses the issue of coercion and how they are victimized physically as well as emotionally by the johns of the sex workers.
The aim of this research is to highlight the life of sex workers and the way they are victimized. The focus is to cover the reality of the hardships they face and the importance of considering them as victims and providing them adequate support for the same. This research is made as a field survey study with the help of a questionnaire to gee insights of the research topic. The data is collected from sex workers in and around Chennai. Rather than stigmatizing and marginalising sex workers, their grievances must be heard and laws made for them has to be rightly implemented which would help them possess a healthy and safe life. The opinions of the author(s) of this paper are given in the final phase of the paper. Keywords: Sex workers, Victimization, Women, Coercion, trauma, Rights
Introduction: Sex labour is defined as a broad range of actions in which things are traded in exchange for sexual favours, arousal, fulfilment, and other sexual behaviours1. The word "sex work" or "commercial sex work" can be categorised in a variety of ways, including street prostitution, stripping, sexual massage, and brothel-based sex work2. Individuals, regardless of gender, who work as commercial sex workers offer sexual services in return for financial rewards. Varied jurisdictions have taken different approaches to the law regarding prostitution, which has caused uncertainty in society and even among those involved in commercial sex work. The following are the three main clarifications of the legal approach to commercial sex work: Prostitution has been criminalised, legalised, and decriminalised in the following order.
Due to their position in the social structure, prostitutes are then victimised. Within the context of the prostitution lifestyle, they continue to be victims. The disparities in the relative position of men and women are maintained if prostitutes are treated as the only offenders. Only broad societal and sexual attitude changes will be able to alter these victimisation tendencies. A good starting point would be to see the prostitute as the victim of a contradiction in the male/female relationship's structure. It's also important to identify the root of prostitution. The least abusive approach to dealing with prostitution globally would seem to be decriminalisation. Objective of the study:
I.
The following objective of the study is to briefly analyse of victimization of sex workers. II.
To figure out the hardships faced by the sex workers and reason why sex workers are victimized by perpetrators brutally. III.
To bring awareness to sex workers about their basic rights and related laws. IV.
To create awareness among people that sex work is also a profession and they should
1 World Health Organization. HIV/AIDS and sex workers. Retrieved June 2004, from http://www.who.org
(1994). 2 Network of Sex Work Projects. Introduction to the issues regarding sex work. Retrieved November 20, 2004, from http://www.nswp.org/home.html (no date).
be treated with respect and dignity. V.
To emphasize the importance of proper medical care, and justice and provide them with a safe environment to carry out their profession. Methodology Our purpose of the study covers both primary and secondary sources and it have been referred to with sampling size of 50 and with a duration of one month with a research design of stratified random sampling. And the secondary source includes articles, journal Publications, various websites, all India reports, e-reports, web-derived materials and blogs have been used for the study Literature Review Many people believe that sex labour is one of the earliest professions, and anthropologists agree that it was prevalent in many prehistoric communities. The practise has been debated and understood for thousands of years, yet sex labour is still seen in starkly binary terms, and uninformed presumptions dominate contemporary discourse.
People tend to believe that the clients are just as morally repugnant or deserving of our disdain as the women who are forced or abused into providing the services. Sex work is the practise of participating in sexual activity or performing sexual acts for pay. It covers actions that involve both direct sexual stimulation and physical touch between buyers and sellers. Sex labour solely refers to voluntary sexual acts; as a result, the word excludes child prostitution, human trafficking, and other forced or consented sexual acts. Many sex workers are discussed in some of the papers we reviewed: The social, physical, political, economic, and interpersonal effects of this abuse have been documented, and there is a significant global cost of violence against sex workers.
The review supports the growing body of research-based arguments supporting the inclusion of violence against sex workers as a public health and human rights priority on national and international policy agendas, as well as the urgent requirement for structural research and interventions to better understand and address the contextual factors influencing violence against sex workers. A few of these causes are workplaces, economic and gender inequality, demographic shifts,
stigma, and structural changes to the legal and regulatory contexts (such as decriminalisation, policing strategies). Rigidity in collaboration, as well as innovation in methodology and
measurement (longitudinal, multilevel, and mixed-methods research), are essential in this setting. 3 The Indian Supreme Court has declared that sex workers have the same rights to protection as other citizens and have a right to life. The State was given the responsibility to make suggestions for the "rehabilitation of sex workers who seek to leave sex work of their own initiative and to create adequate conditions for sex workers who wish to continue working as sex workers," in accordance with Article 21 of the Constitution. Additionally, the panel mentioned that court judgements forbidding prostitution and evicting "offenders" can be appealed to higher courts. In regard to consenting adult sex workers and their families, a Supreme Court panel suggested in 2015 that several elements of the Immoral Traffic Prevention Act (ITPA) be read down.
4 NGOs are likely to play a significant role in establishing and supporting budding sex worker collectives, as demonstrated by the experiences of both SANGRAM and DMSC. They excel in connecting women who work in the sex industry with the broader population. Also, to the extent that their attitude is non-judgmental, they are better able to connect with sex worker groups and provide them with knowledge and other technical help. The judiciary, police, academic community, and political echelons are among the traditional society institutions that respect them. It's important to keep in mind that, given the Indian context, data suggests that the law probably won't be enough to help defend the human rights of sex workers. Instead, a change in how society regards women who work in sex is necessary for any treatment to be effective.
5 Absence of assistance in areas like housing, finances (benefits system), mental health, and drug misuse, as well as the sudden termination of formal care systems, can force persons in precarious situations along a number of pathways that end in chronic exclusion, such as sex work and homelessness. In order to sustain their serious addictions, find a place to sleep at night, or augment their assistance payments, many people turn to the sex business. Also, the inadequate support networks fail to meet the needs of the current sex workers to stabilise their lives and quit selling sex. The literature suggests that sex workers would benefit most from a 3 Kathleen N. Deering, Avni Amin, Jean Shoveller, Ariel Nesbitt, Claudia Garcia-Moreno, Putu Duff, Elena Argento, and Kate Shannon(2014) - A Systematic Reviewof the Correlates of Violence Against Sex Workers
4 Joint Stakeholders Submission(2017)- "Joint Stakeholders Submission"
5 Geetanjali Misra, Ajay Mahal, and Rima Shah(2014) - "PROTECTING THE RIGHTS OF SEX WORKERS:
The Indian Experience"
comprehensive approach to addressing their needs. The majority of common support services, however, appear to be fragmented and typically handle requirements independently of one another, according to indications. The needs of sex workers are not being met by this. In addition, the factors that lead to persistent exclusion could be unhealthy. Even though there is little study on the effects of sex work on general health (as opposed to sexual health), According to the literature, many sex workers endure processes of exclusion that are harmful to their health. higher prevalence of chronic diseases, especially in terms of symptoms. 6 To bridge the gap between sex workers and the general public, non-governmental organisations (NGOs) are crucial.
They are able to help sex workers acquire better access to healthcare by providing them with training, information, and other technical support thanks to their objectivity and lack of prejudice, as well as their reputation and reputation. The treatment of sex workers would be greatly improved by education and human rights awareness. Participants from the district, as well as officials from the Bar Council and the National Human Rights Commission of India, make up Sonagachi's self-regulatory organisation. All around India, these enterprises must be formed.
7 Result and Discussion: Victimization of sex workers: The profession of sex work varies defending from the social demographics of the sex workers but A Pan India Study8 on Sex Workers have noted that majority of sex workers have opted for this profession based on the lucrative opportunity and better monetary prospects than any other work. But to be honest, the sex labourers actually risk their life and dignity in this profession and make them victims of various harassments. Victimization against sex workers occurs worldwide and they go through both psychological and physical forms. The victims are mostly women. Sex workers go through higher levels of harassment and abuse than the general population of women. 6 Reuben Balfour with Jessica Allen (2014)-" A Review of the Literature on Sex Workers and Social Exclusion"
7 shreyas gupta (2013) - "human rights of sex workers in indiathe way forward"
8 Rohini Sahni, & Shankar, V Kalyan. Sex Work and its Linkages with Informal Labour Markets in India: Findings from the First Pan-India Survey of Female Sex Workers. IDS Working Papers. 2013. 10.1111/j.2040- 0209.2013.00416.x. (2013).
Forms of victimization: Physical abuse Sex workers are more likely to be subjected to physical abuse; 47% of sex workers who operate outdoors reported experiencing physical harassment such being slapped, kicked, or punched. In our study of sex workers operating in Chennai, 32% of participants reported having encountered physical violence of some kind since beginning their prostitution, with a customer committing 55% of these assaults. In a different research, a greater percentage was discovered: 74% of sex workers said they had ever been physically abused. Psychological abuse: A person who experiences psychological trauma, ongoing sadness, anxiety, or post-traumatic
stress disorder has experienced psychological abuse, often known as emotional or mental abuse. Psychological abuse is typically seen as a secondary crime.. Secondary victimization is defined as “the victim-blaming attitudes, behaviours, and practices engaged in by community service providers, which results in additional trauma for sexual assault survivors”9. The denial of basic requirements, being imprisoned for carrying condoms, and other forms of emotional or psychological abuse are some other forms of maltreatment that sex workers are especially vulnerable to Verbal abuse: Due to the negative perceptions of "whores" and undesirable women that the general public and many clients have of prostitution, women who work in the industry are particularly susceptible to verbal abuse.
When a consumer is not satisfied, either during the service or after it has been provided, verbal abuse will frequently take place. In each of these situations, the client's verbal abuse may be a forerunner to sexual violence. Several of the sex workers in our survey said they had been verbally abused at some point in their lives. Sexual abuse: Regardless of the perpetrator's relationship to the victim, sexual abuse includes any sexual act
9 William Doerner Victimology. Burlington, MA: Elseiver, Inc. (2012). ISBN 978-1-4377-3486-7.
or attempts to achieve a sexual act by violence or compulsion, unwanted sexual comments or approaches, acts to traffic a person, or acts directed against a person's sexuality. Overall, there is less chance of sexual abuse than there is of physical violence. except for indoor prostitutes, who report experiencing rape or attempted rape at a higher incidence than any other form of physical abuse. In our study, 44% of sex workers acknowledged having been sexually abused at some point in their lives. The overall prevalence of sexual assault and rape is high, with our survey indicating that 68% of respondents had been raped since joining prostitution. Nevertheless, rates are greater among women (including transgender women) than among men. The men and women who work as prostitutes experience severe trauma as a result of the high rates of sexual violence experienced by sex workers.
Perpetrators to sex workers: Clients: Violent pimps and clients are a large part of the perpetrators. Customers frequently utilise a variety of techniques, including sexual, emotional, physical, and verbal abuse, to continue to be violent and abusive towards the sex workers. Sex workers are forced to serve customers in remote locations where they are less likely to be apprehended by law enforcement because sex work is illegal in many parts of the world. This condition leaves sex workers open to violence from their johns and clients. Our research of 50 street sex workers in Chennai found that 82% had experienced physical abuse, 83% had been threatened with a weapon, and 68% had experienced a rape while working as prostitutes. In countries such as India where sex work is considered morally wrong workers could not report the violence and abuse against them.
Pimps: In one study, 53% of sex workers said that abuse committed by pimps is a major problem, and 33% of those surveyed said that having a pimp is crucial for protecting oneself from the abuse and harassment committed by johns and clients. Pimps are also the perpetrators of abuse and violence against sex workers Police officers: Violence against sex workers is also committed by police officers. In a research, it was discovered that half of the women had been gang-raped and physically assaulted by police, and
that police officers frequently fined sex, leading to the extortion of sex workers. Police are less inclined to look into sex workers' victimisation because of the stigma associated with the industry. If sex workers claim abuse and are told that they are deserving of their victimisation, police officers make fun of them. Victimization of transgender sex workers: Our study also included transgender sex workers, who, like transgender women, are compelled to work in sex for survival due to greater unemployment rates, fewer professional options, a lack of education, and transphobic encounters. Despite the risk of discrimination, abuse, and HIV, they continue to work in the sex industry. Because they are paid less than typical women sex workers, transgender women are compelled to see more clients, increasing their risk of assault.
Efforts to combat victimization: The provision of services directly to clients as independent sex workers, as opposed to through pimps or any other third party, will be one of the primary strategies to combat victimisation. Sex work is defined as the providing of sexual services in cash or kind within a business context. Decriminalization will enhance sex workers' legal protection and make it easier for them to get justice and medical care. Decriminalizing sex work and treating it the same as all other forms of employment are two ways to reduce its stigma. Legal recognition of sex workers' job will maximise their sense of dignity and protection. Access to justice: Because sex work is stigmatised, many times it is impossible for sex workers to access justice.
Legislation like the Immoral Traffic (Prevention Act), 1956, makes supporting actions like client soliciting or maintaining brothels illegal, leaving them vulnerable to abuse and exploitation. Sex workers have so persistently campaigned for the total decriminalisation of sex work in order to avoid imprisonment. Access to healthcare: A majority of sex workers have experienced difficulties in obtaining necessary healthcare treatments, including as treatment for HIV/AIDS and STDs. Every sex worker is thought to have the right to a safe and healthy workplace.
Rights for the protection of sex workers: The Immoral Trafficking Act (1956) defines "prostitution" as the sexual exploitation or abuse of any individual for any commercial purpose under Section 2(f). The Indian Criminal Code of 1860 has sections 372 and 373 that deal with child prostitution. Sections 366A, 366B, and 370A of the IPC deal with the punishments for the offences of importing a girl from abroad for sex, reproducing with an underage girl, and exploitation of a trafficked person, respectively. As citizens with equal access to such rights, sexual workers are entitled to those rights under the Indian Constitution. It was made clear in the Budhadev Karmaskar v. State of West Bengal case, sex workers are entitled to the protections of Article 21 of the Indian Constitution. The defendant in this case, Budhadev Karmaskar, was convicted of murdering a sex worker in Kolkata in 1999.
The court continued by stating that a woman turns to prostitution more out of necessity than for fun. If such a woman has the choice to pursue technical or vocational training, she can earn her basic living from her skill rather than by selling her body. Hence, the Supreme Court mandated that the Central Government and the State Governments create programmes for the nation-wide provision of vocational training for sex workers. Prostitution Laws: Pooja Mahajan's first bill, The Sex Workers (Rehabilitation and Social Security) Bill, 201510, examines the rights of commercial sex workers in place of human rights and includes chapters on the right to equality, health care, education, financial security, and punishments for exploitation. The rehabilitation and welfare of commercial sex workers were covered in the second bill that independent member Dr.
Kirit Premjibhai Solanki introduced to the Lok Sabha11. The Sex Workers (Welfare and Rehabilitation) Bill, 2016, was introduced in Lok Sabha. Although the measure skilfully captures the spirit of the need for better services and living conditions for commercial sex workers, it continues to deny the right to a profession and standards for social support for the industry. The Ministry of Women and Child Development
10 The sex workers (Rehabilitation and social security) Bill,2015,Bill No.316 of 2015
11 The sex workers (Welfare and Rehabilitation) Bil,2016,Bill No.58 of 2016l
announced the UJJAWALA initiative for the welfare and protection of sex workers. The programme is a comprehensive effort to stop human trafficking as well as to save, heal, and reintegrate those who have been victimised for the purpose of sexual exploitation in the marketplace. Five main areas are the emphasis of the program's assistance for commercial sex workers: reintegration and repatriation, prevention, rescue, and rehabilitation. The Immoral Traffic Prevention Act: The law that set prostitution restrictions was the Immoral Traffic (Prevention) Act of 1956 (Act/ITPA). The Department of Women and Child Development (WCD) sought to alter the ITPA's current trafficking law through Amendment Bill 200612. However, the bill later became inoperative. Both sides of the profession warmly supported the amendment in their speeches.
Certain prostitution-related behaviours are now prohibited by this statute. The following details the key components: • Section 3 lays out a penalty for operating a brothel or enabling property to be used as one. According to section 2(a) of the legislation, a "brothel" is any home, room, or location where prostitution takes place. • Section 4 penalises anyone who makes their living from prostitution. Even the family members are included in this part. • Section 5 penalises the act of obtaining, cajoling, or taking a person for prostitution. The pimps, brothel proprietors, and traffickers are the focus of this section. • Section 6 imposes penalties on anyone who holds a sex worker in a brothel or other location where prostitution is practised. The middlemen and brothel owners are the main focus of this section.
• Section 7 of the law punishes prostitution that occurs in or close to public areas. Public places are defined as any densely populated area, hostel, place of public worship, educational facility, hospital, nursing home, or any other location that the state government,
12 The Immoal Traffic (Prevention) Act 1956
the magistrate, and the commissioner of police have given notice of. Two hundred metres are referred to as proximity. • Section 8: Penalizes sex workers who solicit or seduce a person for prostitution. This clause prohibits sex workers from making any gestures that may serve as invitations for prostitution. This clause is discriminatory because it imposes a lesser penalty on men for the identical offense—roughly half of what is imposed on women. Tabulation Table No. 1: Age of the Respondent Particulars Respondents 18-25 17(34.00) 25-35 20(40.00) 35-45 9(18.00)
8% 34% 18% 40% 18-25 25-35 35-45 Above 45 The above table shows that maximum respondents (40%) are of age group 25-35. Only 4% of respondents are above 45 years of age. The appalling factor is that 34% of Respondents are too young (18-25 age group) and it is clear that their education is stopped or adversely affected. Table No.2: Marital status of the Respondent Particulars Respondents Married 6(12.00) Unmarried 26(52.00)
Marital Status 12% 32% 52% 4% Married Unmarried Widowed Divorced The above table clearly shows that 52% of sex workers are unmarried followed by 32% being divorced. The reason for more divorcees in the profession could be the social stigma that still prevails in our society, where remarriage is considered as bane. Table No.3: Age the respondent entered into the profession Particulars Respondents Below 15 8(16.00) 15-18 8(16.00)
16% 46% 16% 22% Below 15 15-18 18-25 Above 25 The above table reveals the shocking factor that lot of women either pushed into or took up the profession when they were minors. Among them majority were transwomen who were abandoned by their family and others who left their home for various reasons. Among the respondents 46% of sex workers took up this work at above 25 years of age which shows the gruesome face of unemployment. Table no: 4 Educational qualification of the Respondents Particulars Respondents Illiterate 2(4.00)
Source: Computed Educational Qualification 4%0% 18% 28% 14% 36% Illiterate Primary education High school Higher secondary Degree/ Diploma Post Graduate The most worrying factor from the above table is that 36% of the respondents which is maximum are degree/diploma holders and 18% of respondents are post graduates. The main reason stated by the educated respondents for taking up sex work despite holding a degree is unemployment. Most transwomen stated that in spite of being well qualified they weren’t considered for jobs. This shows that the part of society is still under the shackles of backward thinking. Table no. 5: Age group of people who approach them the most.
Source: Computed 22% 28% 30% 20% 18-25 25-40 40- 55 Above 55 The above table shows that almost all age group of people equally approach the sex workers. Among them people of age group 25-40 approach them mostly (30%). Table No. 6: This profession affects your children/ family i.e., they face various kinds of harassment Particulars Respondents Yes 6(12.00)
Chart Title 12% 88% Yes No From the above table it can be interpreted though sex workers are affected individually, their families aren’t affected much. Most of the respondents said that their families aren’t aware of this work they took up. Table no. 7: Kinds of Harassment they face mostly Particulars Respondents Physical 16(32.00)
Kinds of Harassment 32% 44% 10% 14% Physical Emotional Economical All of the Above From the above table we could infer that most of the sex workers face all kinds of harassment i.e., physical, emotional and economical. In the survey conducted, 44% of respondents stated that they turn into victims of all kind’s harassment irrespective of their age. 32% of respondents are mainly subjected to physical harassment. Table no. 8: whether police complaint is given every time they face harassment Particulars Respondents Yes 13(26.00)
22% 26% 52% Yes Not all time Never The above table shows that at times the sex workers lodge complaint regarding the harassment they face but definitely not each time. This is because people don't trust the authorities and the law itself. Due to their ignorance of their legal rights, 22% of respondents said they had never filed a complaint. Limitation of the study: This study did have some limitations. First off, many respondents rejected to participate in the study due to the sensitive nature of the research issue, which resulted in a small sample size for statistical analysis. Second, it was difficult to recruit people who were the right kind. Thirdly, due to time constraint and lack of fund the study was limited to a particular geographical area. Suggestion:
1. With the strategy of legalisation, a two-tiered system is established, with commercial
sex work leading to regulation, oversight, and licence from governmental agencies in order to maintain one's career. Any deviations from the code of conduct would result in punishment. Only a few nations, including Germany, the Netherlands, Denmark, and Austria, have legalised prostitution which should be introduced in India too, at least partially.
2. Decriminalization eliminates all statutory regulations that sanction prostitution. This
perspective accords commercial sex workers the same rights and freedoms as other
workers, putting them on an equal footing with them. One of the few countries to decriminalise prostitution is New South Wales..
3. Proper access to the health care must be given to the sex workers and special schemes
in medical care must be given to them
4. Public must be made aware about their hardships and they should be given due respect.
5. Their grievance must be heard and Special provisions must be implemented and the
existing laws must be strengthened. Conclusion: Sex workers make numerous concessions in order to provide financial assistance for the family and children. Some women choose to work as sex workers rather than live on the streets and put hungry children to sleep every night in order to provide their families more opportunities. Government should set up savings and livelihood programmes to reduce the need for them to turn to sex work as their sole other source of income. Rehabilitation centres must also be opened for their welfare and that would help them to lead a normal life again. Considering the above discussion, in can be noted that the existing or proposed legislations lacks the ground reality to be in favour of sex workers. Hence the laws has to be strengthened and their hardships should be heard and looked after.
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ILO.
India: My life in the 'red lights' of Sonagachi, UNODC • Jain, A. K., & Saggurti, N. (2012). The extent and nature of fluidity in typologies of female sex work in southern India: Implications for HIV prevention programs. • Joint Stakeholders Submission- "Joint Stakeholders Submission", The situation of the rights of indigenous peoples in India (2017) • Kapse, S. R. (1987). Police administration in Bombay: 1600–1865. Bombay: Himalaya. • Kapur, R. (2001). Post-colonial economies of desire: Legal representations of the sexual subaltern.