How govt's bill for trafficking victims will make sex workers less safe

According to the Indian government, 4,980 victims of sex trafficking were rescued in the country in 2016.

Hoping to protect women from sexual exploitation, Indian lawmakers are pushing a bill that amends the criminal code to harden legal and financial penalties for sex trafficking.

The “Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill,” which passed the lower house of India’s parliament in July 2018 and may become law in 2019, seeks to make combat this lucrative, illicit trade.

Not everyone thinks harsh deterrence will work.

Days after it passed in the lower house of India’s Parliament in July, two United Nations experts said the bill leans too heavily on the criminal justice system. Without more of a “human-rights based and victim-centred approach,” the UN special rapporteurs on human trafficking and modern slavery warned, India “risks further harming already vulnerable individuals.”

India’s sex trade

According to the Indian government, 4,980 victims of sex trafficking were rescued in the country in 2016.

Sex workers in India oppose the bill that’s ostensibly meant to protect them, saying it inaccurately conflates human trafficking with consensual sex work.

In major Indian cities like Kolkata, Hyderabad and Sangli, sex workers are well organized and politically engaged. Yet no sex worker groups were consulted during the drafting of the legislation.

Community leaders argue that the anti-trafficking legislation promotes a dangerous idea that everyone in the sex trade is either a victim or a criminal.

“If this bill becomes law, the police will harass us even more,” said Kajol Bose, secretary of the Durbar Mahila Samanwaya Committee, one of India’s largest sex worker organizations. “The number of raids will increase and the number of clients will decrease.”

I believe Indian lawmakers could improve their bill by looking to the strong systems already in place locally across India that prevent forced prostitution.

I conducted anthropological research with Kolkata’s Durbar Mahila Samanwaya Committee, which has a membership of 65,000 people across the state of West Bengal.

The group is based in Sonagachi, Kolkata’s iconic red-light district, which is tucked behind a main artery in the northern part of the city. This bustling and congested labyrinth of narrow alleyways lined by houses, most of which operate as brothels, is home to some 10,000 sex workers. An estimated 20,000 male customers visit Sonagachi daily.

Most Sonagachi brothels are managed by female brothel owners, or “malkins,” who keep half of their employees’ payment.

Most of the women I met working in Sonagachi came from poor, rural villages in India, Bangladesh or Nepal.

Business Standard

What the women's movement today can learn from 19th-century social reforms

How Raja Rammohun Roy and Ishwar Chandra Vidyasagar helped abolish the sati system and 'permanent widowhood'.

Business Standard : Indian society is witnessing the commission of abusive, discriminatory and violent acts, both verbal and physical, against women from different strata and walks of life. What is abhorrent is that these acts of sexual predation have received wide social approval and acceptance, reflected through the deep apathy existing within institutions, irresponsible and insensitive remarks of community leaders, and tacit support by those in powerful positions. Although the recent opposition to these acts and the society’s acceptance of them has been quite loud, these reactions are partisan and piecemeal, often ignoring the crucial issues that are central to the discussion of the ‘women’s question’ in India.

At this crucial juncture, it is pertinent to analyse, first, how social reformers like Raja Rammohun Roy and Ishwar Chandra Vidyasagar understood and raised the women’s question in 19th century India; second, what legal and educative mechanisms they employed to tackle social evils like sati and ‘permanent widowhood’; third, lessons learnt from their initiatives that may be relevant today and applied to address contemporary issues reflected through the #MeToo movement.

Roy and Vidyasagar understood the women’s question through their own family experiences, acquired knowledge and inherent personal convictions about differentiating the right from the wrong. They studied the socio-religious, economic and political factors that gave impetus to cruel practices like the sati and the harsh rules of widowhood. For instance, Roy is said to have been shattered when he witnessed his sister-in-law burn herself alive on the funeral pyre of her husband. This experience made him realise the adverse impacts of such practices on the society, particularly women, in the long run.

First, women were stereotyped as servile and submissive beings wholly incapable of having an individual identity, independent existence and autonomy. 

Second, males in the Indian society had understood that religion was a very important tool that had enabled them to keep their women’s social and economic position intact, thereby limiting chances of a potential challenge to male superiority. Third, the male patriarchs had realised that making education inaccessible and unavailable to the Indian women was the best way to prevent an awakening among the women folk, thereby continuing with male dominance in the society. As such, the dominating Indian male would never let the balance of power tilt in favour of the women folk. To that extent, they vociferously resisted the blooming of the seeds of social transformation in the Indian society.

Roy and Vidyasagar adopted a technique of gradualism, taking one step at a time. They designed and raised the women’s question with extreme care and caution. The reformers did not seek to offend and oust the Indian patriarchy in the process of uprooting practices like sati and widowhood. Rather, they sought to make them active participants in the social movements for the upliftment of Indian women... Read More