From: ranjani k.murthy <[email protected]>
To: feminists <[email protected]>
Cc: asha ramesh <[email protected]>; [email protected]
Sent: Mon, 25 April, 2011 9:00:08 AM
Subject: opening the pandora's box






Dear friends



I would like to open the pandora's box 
and distinguish between sex work as choice, women compelled into 
prostitution due to patriarchy, poverty and inequalities and women/girls
 who are trafficked. I do not come from brahminical notions of morality,
 for i have cousins of my mother whose legal children's lineage and 
property is now legally under question!    



In 1980s the Indian and global women's 
movements was talking about women in prostitution and trafficking, but 
now sex work has become the parlance. Why is this? To cite Asha Ramesh 
(and Lalitha) who, in my opinion, has hit the nail on the head (Not a matter of 
choice, http://www.boloji.com/index.cfm?md=Content&sd=Articles&ArticleID=6520),
 points to the shift in use of the term women pushed into prostitution 
and sex work, closely linked to a HIV/AIDS lobby. To quote her:    



"What
 is interesting in the Indian context is the fact that the campaign for 
the rights of women in sex work coincided with the appearance of 
HIV/AIDS in the country (the first case of HIV infection was detected in
 1986). Women in sex work were categorized as high-risk groups and 
several interventions were initiated. Efforts to introduce mandatory 
testing met with strong condemnation from the women's movement, which 
raised a furor, saying that such testing amounted to a violation of 
women's human rights.

During
 this period, feminists and the women's movement in India were also 
raising their voice assertively on issues such as a woman's control over
 her body, and raising their concerns about the 'commodification'
 of women's bodies. Kathleen Barry in her book, 'Sexual Slavery', speaks
 of women in prostitution who are victims of violence of the worst form,
 including rape and abuse. For most of them, sex and sexuality remains 
savage carnal abuse of their bodies, over which they have no control. 
For the majority, it is survival and not a matter of choice.

The
 traditional position has been that prostitution is female sexual 
slavery; its logical conclusion has been that the practice should be 
abolished. But in recent years, many women activists have argued for 
legalization of prostitution, as the present law continues to be 
insensitive, and harassment from the enforcement agencies - who see it 
as an illegal activity - continues. Once legalized, the advocates claim,
 women in sex work will not be harassed by the police; they will
 be allowed to work in certain zones and issued licenses; their names 
will be in government records; they will have to undergo regular health 
check-ups; and pay taxes.

However,
 an equally strong lobby has been countering this demand, saying that in
 the Indian context, legalization will not work, and may result in 
further trafficking of young girls and boys. Further, legalization will 
only make women in sex work more vulnerable to state control. 

The
 advocates of the somewhat recent, rights-based approach, talk of 
decriminalization of prostitution. Decriminalization is understood as 
the removal of laws against prostitution. 



But
 the concept of `choice' in decriminalization still needs to be clearly 
defined. Some advocates of decriminalization declared at the meeting 
that a woman doing sex work is the same as a woman carrying bricks at a 
construction site. Such comparisons, however, can be misleading. 
Prostitution is not Labour, it is a violation of human rights. Besides, 
it is often rape. It is intrinsically harmful and traumatic. For almost 
everyone in the profession, prostitution is not about having made a 
choice out of a range of other available livelihood options.


Lalitha
 S A, an activist, who works with women in a red light area of Delhi, 
questioned the existence of choice for women in sex work. According to 
her, she was not aware of even a single woman in sex work who wanted her
 daughter to enter the trade. According to Lalitha, most of these women 
put their children in boarding schools, if they can afford it, or leave 
them with their families back in the village. Most of them have come 
into sex work either by deceit or have been forced, cheated, kidnapped, 
deserted or raped into the sex trade.


I tend to 99% agree with Asha and Lalitha. While
 dialoguing with a person from WHO who moved out of HIV work from WHO, 
he told me that a huge section of HIV/AIDS donor lobby (including 
Foundations set up from money earned from corporate sector)  is for 
legalising sex work but not all. They are pushing it.  



Where is the 1% difference in stands?. 
It is not a disagreement but deepening of discussions Investigations 
that I have done in Chennai, revealed that a minority who choose sex 
work do it to get consumer gadgets or go for a holiday abroad in an era 
of globalization. Is this really choice? or linked to neo-liberal 
paradigm, as pointed out by my dear friend Gandhimathi who enabled me to
 think deeply (for at one point i was on the legalising side)? 



Further, i have been asked by the 
legalisation of sex worker lobby "do domestic workers want their 
daughters to do domestic work, why do you ask only sex workers". Yes no 
poor and exploited women wants their daughters to continue in the same 
profession.  



I would like like to argue that we need to put things in perspective. 
Collective well being/justice of women and girls over rides individual rights 
to do sex work. In India and in several developing countries a majority of 
people live under dollar two per day. Discussions
 with dalit women, poor Muslim women, slum dwellers, migrant workers, 
women headed households, young couples and adolescent girls from 
marginalized communities in India, Bangladesh, Vietnam, Nepal (also 
Moldova, Sudan)  reveal that they do not want sex work to be legalized. Their 
position  "as
 it is we are worried about leaving our girls and going to work and 
liqour shops (chennai), substance abuse (bangaldesh, Nepal) in every 
corner, what will happen if 'sex work' is legalized. We live in one room
 houses, our husbands come drunk or high and demand sexual relations. If
 we have adolescent children we refuse and they beat us up.  If
 brothels come up what will happen to our families. We want families, 
but non patriarchal families. We want remunerative work, land reform 
linked to women's  property rights, equal wages, full 
employment, access to markets etc".  Let all forms of exploitation of 
poor women disappear exploitative domestic work, construction work, 
bonded labour etc



I WANT ECONOMIC SOCIAL GENDER JUSTICE 
FOR THE 75% LIVING UNDER $2 PER DAY. AT NO COST OUR POSITIONS SHOULD 
JEOPARADISE THAT. Yes sex workers are also poor especially as they grow 
old, but how much percentage of poor are they? 
  
Going by (Paulo Friere) Pedagogy of the
 Oppressed, should we impose views that 'sex work' is work on non the 
majority of <$2 per day sex workers.  I feel we should only say do 
not discriminate against those pushed into prostitution or trafficked. 
Let them have a choice to come back and live with dignity. Till that 
becomes a reality, rescuing those who do not want to come back is wrong.
 Decriminalisation of women/girls compelled into prostitution/trafficked
 is a good alternative, and criminalise the men The laws on prostitution in 
Sweden make it illegal to buy sexual servicies, but not to sell them. Pimping, 
procuring and operating a brothel
 are also illegal. The criminalisation of the purchase, but not selling,
 of sex was unique when first enacted, in 1999, but since then Norway and 
Iceland
 have adopted similar legislation, both in 2009. That is the way to go 
in my opinion. http://en.wikipedia.org/wiki/Prostitution_in_Sweden


But others are welcome to diverse views    



Ranjani Kamala Murthy 

 

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