Abstract
During late 1970s a new term gained popularity in modern feminist discourse on prostitution known as “sex work”. This was to establish sex work as a profession and detach the stigma associated with the sex industry.Prostitution is often viewed in relation tovarious crimes such as human trafficking, pimping, sexual abuse, assault, murder, drug trafficking, rape etc. This has led to the understanding of sex work, in common parlance, a criminal activity.
In India, the criminalization of brothels and solicitationhas createdenough gaps which are utilized by state agencies to create arbitrary rules that favour their interests leading to marginalization of sex workers. Stigma around sex work does not allow sex workers to interact with broader society. Vulnerability of sex workers due to the class consciousness within society further isolate their issuesfrom mainstream media. The social, political, legal, economic and cultural layers of prostitution need to be thoroughly explored to secure the human rights of sex workers before we decide whether sex work is a sin or a profession.
What are the usual circumstances under which sex workers head into the profession? How much of an upheaval is needed to lead to situations which are favourable compared to what we face today and what can those upheavals look like?
These are the primary questions that this article attempts to probe and answer.
Keywords: Sex Work, Human Rights, Class Consciousness, Sexual labour, Decriminalization, Rehabilitation.
- INTRODUCTION
Prostitution finds its mention as early as 2400 BCE in Sumerian Records. The word ‘kar.kid’ was used for female prostitutes in ancient Mesopotamia. The closest connection as inferred from available data indicates the connection of prostitutes with temple service. These temple brothels were operatedby Sumerian priests in the city of Uruk. The term ‘Kar-garru’ was used for male prostitutes but they were mostly indicated on the same list as entertainers.[1] It would most likely be considered as a legitimate profession of that time, acceptable to society. Although not long after women associated with the profession startedexperiencing restrictions.In 1075 BCE, The Code of Assura mandated a legal responsibility that all women are supposed to wear veils in public, unless they were prostitutes.[2] This differentiation likely originated due to cultural implications of that time.
Prostitution in India finds its roots back in the 6th century. During this time ritualised prostitution had evolved where young girls were dedicated and given awayin service of Hindu gods and considered to be the god’s own female servants, called ‘devadasis.’These girls were given the duty toserve temples until puberty prior becoming prostitutes for higher caste men. They were not allowed to enter a conventional matrimonial setup.[3] During Mughal era, prostitutes were well trained in classical dance, music, poetry, conversations and fine arts. They were well respectedand welcomed in the courts for the amusement of elite clients, merchants, aristocrats and other members of the royal court.[4] The word ‘tawaif’(courtesan) was commonly used to refer to prostitutes during this era.
Sex trade grew considerably during the East India Company rule, with brothels developing along key transit routes linking Calcutta’s port and the river Ganges, reflecting the interrelations between economic development of urban spaces and the growth of commercial sex trade. After the Great War of Independence of 1857, the British Crown implemented the Contagious Diseases Act of 1864, with rigourto contain the spread of sexually transmitted diseases among British and European Soldiers in India.This new law promptedIndian prostitutes to go through a forced and invasive medical examination, disregarding their bodily autonomy and further rooting the objectification of prostitutes in particular.[5]However, growing opposition to the law in India and Britain, led to its repeal in 1886.
The condition of sex workers in the post-colonial India further deteriorated under anti-sex work statutes. Due to the unprotected nature of their sexual behaviourslike penetrative sex without a condom and substance use sex workers are prone to developing venereal diseases like Acquired Immuno-Deficiency Syndrome(AIDS) and Sexually Transmitted Infections (STIs) and cervical cancer.[6]
[1]Gerda Lerner, ‘The Origin of Prostitution in Ancient Mesopotamia on JSTOR’ (1986) 11 The University of Chicago Press 236.
[2]Morgan Wiersma, ‘What the History of Prostitution Can Teach Us About Human Trafficking’ (Dressember, 3 April 2019).
[3]Awadh kishore Prasad, ‘ORIGIN OF THE DEVADASI SYSTEM on JSTOR’ 60 Indian History Congress 129.
[4]Shadab Bano, ‘Women Performers and Prostitutes in Medieval India’ (2011) 27 Studies in History 41.
[5]Ankita Chakraborty, Dipa Dube and John Winterdyk, ‘The Enduring Legacy of British Colonialism on Sexual Exploitation in India’ (2024) 4 International Criminology 336.
[6]Soumya Singh, ‘Women Prostitution in India – Centre for Public Policy Research (CPPR)’ (7 October 2022).