Re: Should prostitution be legalized in India? An Open House Discussion
kellne...@chello.at
Sincerely
Franz
---- Justin <lite...@gmail.com> schrieb:
> I think this is a matter that should be subject to popular vote on a
> local level... judged on a town by town basis. That way, those who
> favor one side of the issue over another, will retain the option to
> move to a town or province that has voted along such lines, not unlike
> how firearm regulation is undertaken in the United States. We can
> then proceed experimentally, bearing witness to the results of these
> choices in how they impact upon each community respectively. But what
> I would propose for consideration is not the establishment of
> prostitution as a legal right, but as a privilege. If it should come
> to be deemed a professional service for which one must qualify to be
> able to provide, it would be subject to rigorous training and
> regulation accordingly. Even so, as a matter of practicality, this
> would then render illegal prostitution on par with giving legal advice
> or practicing medicine without proper licensing.
>
> But such implementations cannot be affected unless and until the
> majority of people reach a maturity that enables them to address sex
> maturely as a dignified means of self-perpetuation and self-
> maintenance... not just as an embarrassing form of self-gratification
> for so-called adults that is yet sanctioned by no more than childish
> notions of power and romance. It is truly unfortunate that we even
> need to try to govern behavior on a subject that is so personal... so
> subject to diverse cultural and racial tendencies... a subject that is
> far more rightly determined in the home. How odd that we should find
> ourselves telling each other when to have sex, with whom and why, but,
> partially evolved as we are, it seems that such externally enforced
> moral fortitude is every bit as necessary as it ever was. And this,
> only that we may make a halfhearted attempt at treating the symptom
> and not the real illness in society: the sexual maladjustment that
> usually originates in the home during childhood and is only further
> exacerbated by unspiritual social conditions which will tend toward
> one species of immorality or another, quite regardless of what is or
> is not allowed by the laws of man.
>
> Love,
>
> j.
>
> P.S. Religious sex rituals and temple harlotry is, in my personal
> assessment, another subject. The basic standard for sex practices in
> moral societies usually include the requirement of voluntarism and an
> age/state of mind that is unquestionably sufficient for reasoning and
> making such decisions on the part of both parties. Wherever and
> whenever any one of these basic standards are not met in sex-related
> activities, a crime is being committed... If not in the eyes of
> unthinking men, then surely in the eyes of all-knowing God.
>
> On Jul 10, 10:29 pm, Global Cocnern <supp...@glcoin.org> wrote:
> > KAMATHIPURA, KNOWN as Falkland Road of Mumbai is Asia’s largest sex
> > industry centre where over 150,000 women are into prostitution. It is
> > believed to have been started by the British army with the abduction
> > of women from Germany at the time of the East India Company rule. Sex
> > workers in Mumbai face what sex workers around the world face -- many
> > of them are sold into prostitution as young girls. There is long list
> > of reasons behind the women getting into prostitution, which mainly
> > includes ill treatment at home, bad company, lured by middle workers,
> > prior incest and rape, desertion, trafficking, economic distress and
> > poverty. Of this poverty is oft repeated cause. I was in a red light
> > area of Mumbai for some assignment and looking at the condition there
> > I wondered-- Do they work here by choice?
> >
> > A story appeared in Hindustan Times some months back where a girl from
> > Kolkata was ill treated at home and ran away. She got a work at
> > construction site. One of the co-workers told her that if she wants to
> > continue to work here she must sleep with the manager. The girl was
> > still in her teenage and didn’t understood what her friend meant. But
> > she went ahead and slept. For months she did the same to continue the
> > job and earn money. She then came to Mumbai and is here for the last
> > few years in the brothel. Prostitution is the world’s oldest
> > profession. But India being a conservative society has always
> > pretended that there is no prostitution here (not generalising but
> > many say so).
> >
> > India is home to over six million prostitutes, of which over 25 per
> > cent are minors. In India organised prostitution is illegal. In India
> > the problem of HIV/AIDS is menacing and many non governmental
> > organisations (NGOs) and few government organisations are trying their
> > best to curb the spread of the virus. Prostitution has emerged as the
> > dangerous conduit for HIV virus. High HIV infection rates continue to
> > be detected in India. The government estimates that eight per cent of
> > sex workers nationally are infected with HIV, which is almost nine
> > times higher than the overall HIV prevalence rate for Indian adults.
> > What is more, studies of sex workers in individual areas have found
> > much higher HIV prevalence rates, such as 44 per cent in Mumbai, and
> > 26 per cent in Mysore.
> >
> > We have no legal monitoring system and thus we cannot pass any laws
> > saying sex workers should get themselves medically checked at regular
> > intervals unlike in few other countries where prostitution has been
> > legalised. The 40 lakh sex workers represent a threat that cannot even
> > be imagined because the danger is multiplied due to the mass ignorance
> > about the disease in both the trade and clientele. It is time sex
> > workers were viewed as partners in the fight against AIDS. If we trap
> > ourselves in outdated thinking, society will be the loser. So what is
> > the answer?
> >
> > A hard and traumatic face of women involved in this trade is that they
> > are exploited, harassed and treated like dirt. Nobody is bothered
> > about the agony, horror and the torture, to which a sex worker is
> > exposed to. They have no dignity in the society and even the
> > government holds a medieval view on this issue. We are totally inhuman
> > in our attitude towards the girls, most of whom are forced into the
> > profession. The girls are trafficked from Bangladesh and Nepal. A sex
> > worker can not be on the street. If she does so, she is booked by the
> > police, harassed and even raped. In short life becomes hell. A sex
> > worker told, "We are not entitled to ration cards and precluded from
> > the democratic process of the country because we are not issued voter
> > identity cards. We are workers like others and toil for living. Why
> > this hypocrisy then?"
> >
> > The planning commission sometime back recommended legalisation of
> > prostitution. There are some merits and demerits of legalising
> > prostitution. But then merits outnumber the demerits as I observed.
> > Stopping prostitution is impossible, while opening it up to regulation
> > improves the matters, even if it is morally unacceptable to many. Once
> > legalised, women in sex trade will not be harassed by the police, they
> > will work in certain zones and will be issued licences; their names
> > will be in the government records, they will have to undergo regular
> > health check ups and pay taxes. One thing is to be noted that in the
> > current scenario the police always books a sex worker but just
> > refrains from taking action against the agents, the pimps, the
> > managers. Pimping should be declared illegal in fact. Though there can
> > be rise in trafficking and bureaucracy but that can be regularised if
> > we show that ’will’. It is up to the law makers to tackle this issue.
> >
> > A society has a responsibility to give options to these people. We
> > need to empower them. Leaving it as it exists is neither here nor
> > there-- as sitting on the fence isn’t the best approach. But the big
> > question is whether we are ready for such a giant leap? Has our
> > society attained the level of thinking, which will enable forward a
> > movement on such issue. Perhaps, you need to give an answer.
> >
> > On Jul 10, 6:27 pm, Global Cocnern <supp...@glcoin.org> wrote:> A prostitute is a person, "who allows her body to be used for lewd
> > > purposes in return for payment". Prostitution is the sale of sexual
> > > services, such as oral sex or sexual intercourse, for money.
> > > Prostitution the word itself speaks about the plight of a women .It is
> > > not a problem which exists in India but exists throughout the world.
> > > Prostitution was a part of daily life in ancient Greece .In the more
> > > important cities, and particularly the many ports, it employed a
> > > significant proportion of the population and represented one of the
> > > top levels of economic activity. In the ancient city of Heliopolis in
> > > Syria, there was a law that stated that every maiden should prostitute
> > > herself to strangers at the temple of Astarte.
> >
> > > In Armenia the noblest families dedicated their daughters to the
> > > service of the goddess Anaitis in her temple at Acilisena.In ancient
> > > India prostitutes have been referred as to devdasis. Originally,
> > > devadasi were celibate dancing girls used in temple ceremonies and
> > > they entertained members of the ruling class. But sometime around the
> > > 6th Century, the practice of "dedicating" girls to Hindu gods became
> > > prevalent in a practice that developed into ritualized prostitution.
> > > Devadasi literally means God’s (Dev) female servant (Dasi), where
> > > according to the ancient Indian practice, young pre-pubertal girls are
> > > ‘married off’, ‘given away’ in matrimony to God or Local religious
> > > deity of the temple. The marriage usually occurs before the girl
> > > reaches puberty and requires the girl to become a prostitute for upper-
> > > caste community members. Such girls are known as jogini. They are
> > > forbidden to enter into a real marriage. The system of devadasi
> > > started only after the fall of Buddhism and records about them start
> > > appearing around 1000 A.D. [Bharatiya Sanskruti Kosh, IV, 448]. It is
> > > viewed that the Devadasi`s are the Buddhist nuns who were degraded to
> > > the level of prostitutes after their temples were taken over by
> > > Brahmins during the times of their resurgence after the fall of
> > > Buddhism. According to the 1934 Devadasi Security Act, this practice
> > > is banned in India.
> >
> > > This ban was reinforced again in 1980s but the law is broken every
> > > day. Poverty and ‘Untouchablity’ contribute to the persistence of this
> > > terrible practice. Reference to dancing girls in temples is found in
> > > Kalidasa's "Meghadhoot". The popularity of devadasis seems to have
> > > reached its pinnacle around 10th and 11th century CE. The rise and
> > > fall in the status of devadasis can be seen to be running parallel to
> > > the rise and fall of Hindu temples. The devdasi system was mostly
> > > prevalent in southern India and it reached its height during the Chola
> > > Empire. Though government has taken adequate steps in order to combat
> > > with the problem of devdasi, even the devdasi prohibition act was not
> > > fully successful in solving the problem in India. Most important
> > > reason still being poverty, ignorance and hunger which are forcing
> > > them to this kind of exploitation. Now this was the old story or the
> > > beginning of prostitution apart from these there is also references of
> > > prostitution in Kama sutra written by Vatsyayana sometime between the
> > > second and fourth centuries A.C.E.
> >
> > > India is home today to Asia's largest red-light district--Mumbai's
> > > infamous Kamathipura, which originated as a massive brothel for
> > > British occupiers and shifted to a local clientele following Indian
> > > independence. The Mughal Empire (1526 -1857) also witnessed
> > > prostitution the word “tawaif” and mujra became common during this
> > > era. During the Mughal era in the subcontinent (1526 to 1857)
> > > prostitution had a strong nexus with performing arts. Mughals
> > > patronized prostitution which raised the status of dancers and singers
> > > to higher levels of prostitution. King Jahangir’s harem had 6,000
> > > mistresses which denoted authority, wealth and power. Even during the
> > > British era prostitution flourished the famous kamathipura a red light
> > > area in Bombay was built during this era for the refreshment of
> > > British troops and which was later taken over by Indian sex workers.
> >
> > > The prostitution continued from ancient and medieval india and has
> > > taken a more gigantic outlook in modern india, the devdasi system
> > > still continues ,according to a report of National Human Rights
> > > Commission of the Government of India,” after initiation as devadasis,
> > > women migrate either to nearby towns or other far-off cities to
> > > practise prostitution”. The practice of dedicating devadasis was
> > > declared illegal by the Government of Karnataka in 1982 and the
> > > Government of Andhra Pradesh in 1988. However the practice is still
> > > prevalent in around 10 districts of north Karnataka and 14 districts
> > > in Andhra Pradesh. Districts bordering Maharashtra and Karnataka,
> > > known as the "devadasi belt," have trafficking structures operating at
> > > various levels. The women here are in prostitution either because
> > > their husbands deserted them, or they are trafficked through coercion
> > > and deception. Many are devadasi dedicated into prostitution for the
> > > goddess Yellamma.
> >
> > > Causes of prostitution:
> > > · Ill treatment by parents.
> > > · Bad company.
> > > · Family prostitutes.
> > > · Social customs.
> > > · inability to arrange marriage,
> > > · Lack of sex education, media.
> > > · Prior incest and rape.
> > > · Early marriage and desertion.
> > > · Lack of recreational facilities, ignorance, and acceptance of
> > > prostitution.
> > > · Economic causes include poverty and economic distress.
> > > · Psychological causes include desire for physical pleasure, greed,
> > > and dejection.
> >
> > > Notorious red light districts of India include GB Road in Delhi,
> > > Sonagachi in Kolkata, Kamathipura in Mumbai, Budhwar Peth in Pune and
> > > Reshampura in Gwalior. There are around 2.8 million prostitutes in the
> > > country and their number is increasing, as informed by Lok Sabha. Most
> > > of the girls are brought from Nepal and Bangladesh. ''Young girls are
> > > trafficked from Nepal to brothels in Mumbai and Kolkata at an average
> > > age of twelve. They are trapped into the vicious cycle of
> > > prostitution, debt and slavery. By the time they are in their mid-
> > > twenties, they are at the dead end. In modern India different kinds of
> > > prostitution is prevailing apart from prostitutes in brothel there
> > > are:
> > > · Street prostitutes
> > > · Bar dancers
> > > · Call girls
> > > · Religious prostitutes
> > > · Escort girls
> > > · Road side brothel
> > > · Child prostitutes
> > > · Fricatrice prostitutes
> > > · Gimmick prostitutes
> > > · Beat prostitutes
> > > Every hour, four women and girls in India enter prostitution, three of
> > > them against their will.
> >
> > > Prostitution is a problem in itself and child prostitution is making
> > > it more complex. Quoting a study on 'Girls/Women in prostitution in
> > > India', Minister for Women and Child Development Renuka Chowdhury said
> > > that out of the total number of prostitutes in the country, 35.47 per
> > > cent entered the trade before the age of 18 years. Though in cases
> > > like Gaurav jain vs. Union of India [1]direction where given for the
> > > upliftment of prostitutes and establishment of the juvenile home for
> > > the children’s of prostitutes.
> >
> > > Laws related to prostitution in India:
> > > Suppression of Immoral Traffic in Women and Girl Act -1956
> > > Prevention of Immoral Traffic Act-1956
> > > Immoral Traffic (Prevention) Act-1956
> >
> > > The Immoral Trafficking Prevention Act, 1956 ("ITPA"), the main
> > > statute dealing with sex work in India, does not criminalise
> > > prostitution or prostitutes per se, but mostly punishes acts by third
> > > parties facilitating prostitution like brothel keeping, living off
> > > earnings and procuring, even where sex work is not coerced.
> >
> > > Section3. Punishment for keeping a brothel or allowing premises to be
> > > used as a brothel.
> > > (1) Any person who keeps or manages, or acts or assists in the keeping
> > > or management of, a brothel, shall be punishable on first conviction
> > > with rigorous imprisonment for a term of not less than one year and
> > > not more than three years and also with fine which may extend to two
> > > thousand rupees and in the event of a second or subsequent to
> > > conviction with rigorous imprisonment for a term of not less than two
> > > years and not more than five years and also with fine which may extend
> > > to two thousand rupees.
> >
> > > (2) A any person who, -
> >
> > > (a) Being the tenant, lessee, occupier or person in charge of any
> > > premises, uses, or knowingly allows any other person to use, such
> > > premises or any part thereof as a brothel, or
> >
> > > (b) Being the owner, lessor or landlord of any premises or the agent
> > > of such owner, lessor or landlord, lets the same or any part thereof
> > > with the knowledge that the same or any part thereof is intended to be
> > > used as a brothel, or is willfully a party to the use of such premises
> > > or any part thereof as a brothel, shall be punishable on first
> > > conviction with imprisonment for a term which may extend to two years
> > > and with fine which fine which may extend to two thousand rupees and
> > > in the event of a second or subsequent conviction, with rigorous
> > > imprisonment for a term which may extend to five years and also with
> > > fine.
> >
> > > (2-A) For the purposes of sub-section (2), it shall be presumed, until
> > > the contrary is proved, that any person referred to in clause (a) or
> > > clause (b) of that subsection, is knowingly allowing the premises or
> > > any part thereof to be used as a brothel or, as the case may be, has
> > > knowledge that the premises or any part thereof are being used as a
> > > brothel, if, -
> >
> > > (a) A report is published in a newspaper having circulation in the
> > > area in which such person resides to the effect that the premises or
> > > any part thereof have been found to be used for prostitution as a
> > > result of a search made under this Act; or
> >
> > > (b) A copy of the list of all things found during the search referred
> > > to in clause (a) is given to such person.
> >
> > > Section5. Procuring, inducing or taking person for the sake of
> > > prostitution.
> >
> > > (1) Any person who-
> >
> > > (a) Procures or attempts to procure a person whether with or without
> > > his/her consent, for the purpose of prostitution; or
> >
> > > (b) Induces a person to go from any place, with the intent that he/she
> > > may for the purpose of prostitution become the inmate of, or frequent,
> > > a brothel; or
> >
> > > (c) Takes or attempts to take a person or causes a person to be taken,
> > > from one place to another with a view to his/her carrying on, or being
> > > brought up to carry on prostitution; or
> >
> > > (d) Causes or induces a person to carry on prostitution; shall be
> > > punishable on conviction with rigorous imprisonment for a term of not
> > > less than three years and not more than seven years and also with fine
> > > which may extend to two thousand rupees, and if any offence under this
> > > sub-section is committed against the will of any person, the
> > > punishment of imprisonment for a term of seven years shall extend to
> > > imprisonment for a term of fourteen years:
> >
> > > Provided that if the person in respect of whom an offence committed
> > > under this sub-section, -
> > > (i) Is a child, the punishment provided under this sub-section shall
> > > extend to rigorous imprisonment for a term of not less than seven
> > > years but may extend to life; and
> > > (ii) Is a minor; the punishment provided under this sub-section shall
> > > extend to rigorous imprisonment for a term of not less than seven
> > > years and not more than fourteen years.
> >
> > > So it can be seen that both the sections namely section 3 and section
> > > 5 punishes only the acts of the 3rd party and same does the other
> > > sections in the Act and so new legislation shall be passed as to
> > > punish the client who are visiting the prostitutes.
> >
> > > The prostitution leads to many health problems for the prostitutes
> > > like:
> > > · Cervical cancer
> > > · Traumatic brain injury
> > > · HIV
> > > · STD
> > > · Psychological disorders
> >
> > > In a country like India where most of the people indulge themselves in
> > > unprotected sex with prostitutes it is very difficult to eradicate the
> > > problem of aids. Historically, the AIDS epidemic in India was first
> > > identified amongst sex workers and their clients, before other
> > > sections of society became affected. The sex workers are themselves
> > > taking steps to combat with aids in some brothels in India for example
> > > sonagachi a brothel in Kolkata; where the sex workers are insisting
> > > their clients for use of condoms in order to avoid aids. But in all
> > > the other brothels in India social workers and NGO`S are trying to
> > > acquaint the sex workers about the ill effects of AIDS and are
> > > insisting them for using condoms
> >
> > > CASE STUDY
> > > Meena was married off at 12. Soon after she was taken to Delhi by her
> > > husband, where she found out that he was a pimp. In the last three
> > > years, she has serviced up to six clients a night. The major part of
> > > her earnings goes to pay rent on the little room; the rest goes to her
> > > husband. Maya, 10, was taken to Gorakhpur in Uttar Pradesh by her aunt
> > > who was paid Rs 3 000. When she refused to have sex with a client, she
> > > was locked in a room for two days, scared with snakes and beaten
> > > unconscious. When she came around she was raped by the client. Four
> > > years on, Maya lives in the red-light area of Mumbai. Her two year old
> > > spends the night in a crèche run by a social service organization.
> > > When he was only a few Months old, she used to drug him and put him
> > > under her working cot.
> >
> > > Steps that should be taken in order to fight with prostitution:
> > > # Formal education should be made available to those victims who are
> > > still within the school going age, while non-formal education should
> > > be made accessible to adults
> > > # The Central and State Governments in partnership with non-
> > > governmental organizations should provide gender sensitive market
> > > driven vocational training to all those rescued victims who are not
> > > interested in education
> > > # Rehabilitation and reintegration of rescued victims being a long-
> > > term Recruitment of adequate number of trained counsellors and social
> > > workers in institutions/homes run by the government independently or
> > > in collaboration with non-governmental organizations
> > > # Awareness generation and legal literacy on economic rights,
> > > particularly for women and adolescent girls should be taken up.
> > > # Adequate publicity, through print and electronic media including
> > > child lines and women help lines about the problem of those who have
> > > been forced into prostitution.
> > > # Culturally sanctioned practices like the system of devadasis,
> > > jogins, bhavins, etc. which provides a pretext for prostitution should
> > > be addressed suitably.
> >
> > > Shall India legalize prostitution?
> > > Some people opine that prostitution shall be made legal in India and
> > > accept them as a part of society because the problem of prostitution
> > > is inevitable. The benefit of legalizing prostitution in India will be
> > > that atleast we will have a track record of Sexworkers as for example
> > > when dance bar in Bombay were closed most of the bar dancers migrated
> > > to Gujarat and Karnataka and other neighbouring state and started
> > > their business undercover. Legalising prostitution will see these
> > > women, who live life on the edge everywhere, gaining access to medical
> > > facilities, which can control the spread of AIDS. There is a very
> > > strong need to treat the sex industry as any other industry and
> > > empower it with legal safeguards. The practical implications of the
> > > profession being legal would bring nothing but benefits for sex
> > > workers and society as a whole. Keeping prostitution illegal also
> > > contributes to crime because many criminals view prostitutes and their
> > > customers as attractive targets for robbery, fraud, rape, or other
> > > criminal acts. The criminals realize that such people are unlikely to
> > > report the crimes to police, because the victims would have to admit
> > > they were involved in the illegal activity of prostitution when the
> > > attacks took place, now if it is legal then they will easily go and
> > > report this to police.Benifits of legalizing prostitution are:
> >
> > > Legalization of prostitution and the sex industry will stop sex
> > > trafficking.
> > > Legalization of prostitution will control the sex industry.
> > > Legalization of prostitution will decrease clandestine, hidden,
> > > illegal and street prostitution.
> > > Legalization of prostitution will protect the women in prostitution as
> > > they will have rights.
> > > Women in systems of Prostitution want the sex industry legalized as
> > > they are the one who suffers the most as they don’t have any rights.
> > > Legalization of prostitution will promote women's health as they can
> > > have easy access to medical facilities which they don’t have when it
> > > is illegal.
> > > Recognizing prostitution as an economic activity, thus enabling women
> > > in India to obtain working permits as "sex workers".
> >
> > > What Should Be done????????????????????????? A Big Question Ahead
>
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