Keerthi Veluri
Jindal School of Government and Public Policy, O. P. Jindal Global University
As deaths and diseases mount, social distancing becomes the new norm in a pandemic hit the world and the governments offered every social group some form of relief but there has been nothing for one group – the sex workers. There is barely any data available on this community who always lived on the periphery of any support from the government or other institutions. Little attention has been given to the fact that hunger, diseases, and disasters do not differentiate much while infecting human bodies. It is not very late to acknowledge that the uneven social structures do render non-uniformity of pandemic impacts upon social groups. Eating one day, going hungry the next, their children discontinuing school due to lack of digital resources needed for online education and unable to pay rent or pay for medical expenses, the past year has been no less than a nightmare for these sex workers and one that shows no signs of ending.
Already living in the margins of society, dehumanized by the pretentious society, sex workers are criminalized, exploited, and denied every fundamental right. During the pandemic, the only possible support these women have got is from a few non-profit organizations that have provided food packages, masks, and sanitizers. The rest financed their other needs to survive through borrowings, which has left them neck-deep in debt. Most sex workers are even denied formal methods of borrowing, leaving them hopeless.
In such a hopeless situation, they sought to conduct business online by meeting the needs of their customers over video calls. However, there is a section of these women who can barely afford electricity in their homes and internet connectivity or smartphones. Even the ones who have the resources to serve clients virtually faced the risk of being recorded and breaching the last bit of privacy that is left. There is also a risk of clients often refusing to pay or excessively bargaining when the business is carried out over text.
Given the economic distress that is unfolding, sex workers need to be an integral part of any policy initiative. It is not only about immediate relief but also the revival of the sex industry on which the workers’ families depend. In India, the legal status of the sex industry is uncertain and unsettled as is the fate of the sex workers. Prostitution in its broader sense is not illegal per se but certain activities under certain provisions which constitute a major part of prostitution are punishable. The problem lies in the fact that prostitution, more widely known as “sex work,” comes with a significant amount of shame and stigma attached to the profession wherein it is not even recognized as “work.” This very status has made living difficult for sex workers. The only way long-term support can be guaranteed to sex works, pandemic or not is complete legalization and regulation of sex work.
Adopting a legal mechanism to regulate their service conditions rather than push them on inhuman moral grounds will not only benefit the sex workers but also their clientele. Legalizing prostitution means that conditions on hygiene and practice can be imposed as a part of efforts to increase awareness about sanitizing their premises and mandating health check-ups periodically. This will not only ensure that covid protocols are followed but will also control the spread of sexually transmitted diseases in the long run. Additionally, prostitution in India is almost an $8.4 billion industry. Legalizing it and taxing the proceeds like other recognized businesses will provide an incentive for the government to provide regular medical check-ups and protecting the rights of people engaged in the profession. Paying taxes would mean that the sex workers are entitled to government support during times of need.
Mediators, middlemen, or pimps who facilitate conducting the business also face similar problems and end up exploiting and harassing sex workers by forcefully taking unfair amounts of commission. The legalization of prostitution will lead to a systematic up-gradation in the sex industry and the service of pimps will also be regulated, leading to a decrease in criminal behavior or exploitation and an increase in the wages of the sex workers.
Most sex workers are also victims of police harassment which can be prevented through legalization. Additionally, by not formalizing the sex industry, the sex workers are deprived of the right to seek formal means of financial aid as banks deny credit because they are considered unemployed. Hence, they borrow from loan sharks who charge them very high-interest rates and even harass them. These exploitative mechanisms which abuse their body, labour and reduces their status even more can be controlled by formalizing and regulating the industry by the government. Over and above all this, the choice of livelihood should be the individual’s and it should be given equal respect and recognition.
Prostitution does not harm a person either physically or mentally as drugs, cigarettes or alcohol do. So, placing a prohibition or limitation on it does not stand justified. There is, therefore, an urgent need to accept and recognize their existence and ensure that their fundamental right to life and the right to live with dignity is protected as promised by the Constitution of India. It is also important to understand that the recognition and regulation of sex work is by no means its glorification.
