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LATEST NEWS UPDATES | Breather for sex workers in anti-rape law -Rakhi Chakrabarty

Breather for sex workers in anti-rape law -Rakhi Chakrabarty

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published Published on Mar 25, 2013   modified Modified on Mar 25, 2013
-The Times of India


The amended anti-rape law does not include prostitution as a form of exploitation unlike the ordinance that criminalized sex work. The Criminal Law Amendment Bill, 2013 makes a distinction between sexual exploitation and consensual adult sex work. The move was welcomed by sex workers and activists who had slammed the ordinance that defined prostitution as exploitation.

The ordinance cleared by the Cabinet on the Criminal Law (Amendment) Bill, 2012 said, "The expression 'exploitation' shall include prostitution or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude, or the forced removal of organs."

The Criminal Law Amendment Bill, 2013 passed in Parliament last week, though, dropped prostitution while explaining what constitutes exploitation. The bill said, "The expression 'exploitation' shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude, or the forced removal of organs."

Speaking to TOI, Madhu Mehra, a lawyer, said, "The ordinance created confusion. Dropping the term prostitution as exploitation will help sex workers and their advocates to legally contest oppressive and forced sex work. It will also help sex workers to fight for safe and dignified work conditions."

Meena Seshu of the National Network of Sex Workers said, "By removing adults voluntarily involved in sex work from the ambit of criminalization, the government has clarified its position."

This would allow sex workers to seek protection of the law when they face violence, exploitation, extortion or abuse.

Ambiguity in laws like the Immoral Traffic (Prevention) Act led to those in sex work of their volition being targeted. The ITPA, for instance, invested law enforcement agencies with unbridled powers to arrest and detain sex workers.

"Instead of arresting traffickers, adult consenting sex workers were the first targets due to ambiguity within the law," said Vrinda Grover, an advocate.

Following the ordinance that defined prostitution as exploitation, the Justice Verma committee had clarified that its recommendations for amendment to Section 370 was aimed at protecting women and children from being trafficked.

"It is also clarified that the recast Section 370 ought not to be interpreted to permit law enforcement agencies to harass sex workers who undertake activities of their own free will, and their clients," wrote Abhishek Tiwari, counsel to the committee.


The Times of India, 25 March, 2013, http://timesofindia.indiatimes.com/india/Breather-for-sex-workers-in-anti-rape-law/articleshow/19181416.cms


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