Prostitution, Legalisation and Decriminalisation: Recent Debates

Author(s): Geetanjali Gangoli

Source: Economic and Political Weekly, Vol. 33, No. 10 (Mar. 7-13, 1998), pp. 504-505
Published by: Economic and Political Weekly
Stable URL: https://www.jstor.org/stable/4406490
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 for two reasons: the general level of the
Prostitution, Legalisation and unemployment in the economy and the fact

Decriminalisation that move prostitutes are stigmatising will

make their entry into other areas of work
difficult. It points out that sex workers, like
Recent Debates workers in other professions have the right
to demand better working conditions while
Geetanjali Gangoli remaining within the profession. There is a
recognition of the sexual and social morality
implicit in the stigmatising of sex work. The
While feminists have seen prostitution as being a violation of the
manifesto looks at the history of the control
rights of women and as constituting violence against women, recent
over women's reproduction through the
publications from groups such as the Calcutta Sex Workers' institutionalisation
Union of marriage and the
contribute to a critique of patriarchal oppression and argue family:
for a "Sex is seen primarily and almost
different way of viewing their lives and work. exclusively as an instrument for reproduction,
negating all aspects of pleasure and desire
this aspect of the law. As a collective of intrinsic to it. Privileging heterosexuality,
RECENT debates on prostitution and anti-
prostitution laws in India have changedprostitutes
the in France wrote in 1980: "And homosexuality is not only denied legitimacy,
make no mistake: prostitution laws are not it is considered to be undesirable, unnatural
parameters within which the debates around
the issue have been conducted. Feminists only about prostitutes. They keep all women and deviant. Thus, sex and sexuality are
under control. At any time, any woman can given no social sanction beyond their
have seen prostitution as being a violation
of the rights of women, as constituting be branded as a whore and treated like one. reproductive function".
violence against women [D'Cunha 1991]. Each woman has to watch in her own life The manifesto further questions the social
More recently, the debate has been enriched whether what she is doing is 'good' or 'bad',
mores that privilege men and male desires.
by the voices of prostituted women, some to censor her movements, behaviour andMultiple sexual relationships and polygamy
of which have articulated their views appearance" [Jaget 1980]. remain the domain of men, while women are
somewhat differently. One such voice is the These attitudes have been addressed and expected to be faithful to one man. Sex work
manifesto the Calcutta Sex Workers Union challenged in the Calcutta Sex Workers' in its present form feeds into this morality,
(1997) which offers a critique of patriarchal manifesto. where men are allowed an 'outlet' for their
oppression while arguing for a shift in the desires with sex workers. Women have no
CALCUTTA SEX WORKERS' MANIFESTO
prism through which their lives and work such "space for expression of (their) sexuality
is viewed. The Calcutta Sex Workers' manifesto is and desires".
Legal perceptions have viewed the issue significant in that it articulates the perspective The union points out that illegal prostitution
in terms of morality, as the title of the law of women within the profession. While thiscreates divisions between women, that is the
governing prostitution reveals. The law is may not be the only perspective - for, sexMadonna and the whore. A chaste woman,
called, Immoral Traffic in Women and Girls workers, like other occupational group are as a wife within the confines of domesticity,
(Prevention) Act, 1986 (henceforth PITA). not homogeneous - it provides an insightis granted no sexual agency. The whore is
Under PITA, prostitution is not an illegal of the lives of a hitherto silent group. Theseen as a "sex machine, unfettered by any
activity, while brothel keeping and soliciting Calcutta Sex Workers' Union, grew out ofdomestic inclination or 'feminine' emotion".
in public places are criminalised. In reality, the Durbar Mahila Samanwaya Committee, Both the wife and the whore are thus projected
it makes the practice of prostitution difficult, initially formed by women prostitutes of as fighting over the "attention and lust of
though not impossible [Solanki and Gangoli Sonagachi, a 'red light' area in Calcutta. Itmen".
1996]. A bill proposed by the Maharashtra now extends to other parts of Calcutta, and Interestingly having made this critique the
state government in 1994, while using includes male prostitutes. The committeeunion finds it necessary to state that it is not
feminist language, stigmatises prostitutes by was formed as a part of a HIV/STD controlinherently against motherhood, men, or the
proposing that all prostitutes be registered project in the area, but now takes up largerfamily. With a defensiveness reminiscent of
under a board, enabling compulsory medical issues of sexuality and social ideology. otherfeminist discourse, the manifesto replies
testing and branding those who test HIV The manifesto makes a plea for seeing sexto charges that are expected, even before
positive. (Maharashtra Protection of workers as "complete persons with a rangethey are articulated. "Do we not value
Commercial Sex Workers Act, 1994.) Anti ofemotional and material needs, living withinmotherhood? Just because one profession or
prostitution laws therefore, seek to regulate a concrete and specific social, political and one social situation does not allow for allow
and control prostitution and prostitutes. The ideological context" and not only in terms for legitimate parenthood, are we trying to
purpose of regulation is not to improve the of sexual behaviour. The members of the claim motherhood and hearing children as
lives or working conditions of prostitutes. union see themselves as practising an unworthy...for women? This is not the
Nor is there any concern for the health of occupation, meeting a social demand. They case...Our movement is definitely against
prostitutes, except in the one area where it point out that they are normally presented patriarchy, but not against individual men..."
would, in the perception of law-makers, affect as a "homogenised category, usually of This defensiveness is perhaps inevitable,
the health of the 'public', i e, sexual health. women who pose threats to public health, given the context within which the manifesto
Anti prostitution laws raise another area sexual morality, social stability and civic is written. It shows the power of patriarchal
of concern. The definition of prostitution order". Developmental and political agenda control, which forces women to over-explain
being nebulous, they invite an interrogation seeks to rehabilitate sex workers and the their positions, even while asserting
of every female body. Women are judged police harass them. The union also questionsthemselves.
according to their behaviour, dress and other the well intentioned efforts of those who The assertion takes on another aspect -
variables. Once defined as prostitutes, the "cannot think beyond rehabilitating us orthe question of choice. The manifesto holds
woman's body is seen as accessible to all. abolishing prostitution". They hold thatthat often the rhetoric of choice does not take
Prostitutes all overthe world have recognised rehabilitation is neither feasible, nordesirable up questions of the contexts within which

504 Economic and Political Weekly March 7, 1998

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men and women live. While many sex prostitutes. Regulation by the state will prostitute or that she was paid money by the
workers are sold into or coerced into the increase its control over the lives of sex
accused" (State of Maharashtra V Prakash
profession, others may take it up to earnworkers, one aspect of which is demeaning and Anr 1922 Cri L J).
money. But coercion, they point out can takeand compulsory medical testing. These judgments reveal that only 'chaste'
other forms, and extends to other areas of However, decriminalising, as opposed to women are treated as reliable witnesses.
The testimony of any woman can be dis-
life. Many women do not have the optionlicensing may be at least a partial soluvtion
to decide when or whom to marry. Workersto some of the problems suffered by men missed if she is 'proven' unchaste, i e, a
in capitalist societies do not have a choiceand women within prostitution. prostitute. The flip side is that violence meted
about entering oppressive industries. As theDecriminalisation will enable sex workers out to prostitutes during the course of
union puts it: "Our stories are not to practice their work without po,licetheir work or otherwise cannot be legally
fundamentally different from the labourerharassment, seen as a major issue by many redressed.
from Bihar who pulls a rickshaw in Calcuttawithin the profession. It will also enable Decriminalisation could perhaps initiate a
or the worker from Calcutta, who works partwomen to unionise and demand better process within which such legal judgments
time in a factory in Bombay". working conditions. would not be admissible. While this would
A parallel is drawn between oppression Also decriminalising may well createnota automatically do away with social
suffered by women within marriage andcontext within which the false division stimatising, it could allow men and women
oppressive relationships, workers in differentbetween 'good' and 'bad' women can be
within the sex industry to unite and fight for
working conditions and sex workers. Givenchallenged, at least legally. As experiences a better life. As the Calcutta sex workers
union points out, sex workers share with
this understanding, it can be argued that menof raped women show, it is all too easy for
and women are pushed into several directionsthe poliic and the judiciary to dismiss the
other workers the right to demand better
in order to survive and to escape abuse.testimony of women who do not fit their working conditions. Feminists while
Trafficking can happen in different sites, conception of 'moral' women. In the well critiquing the oppression within marriage
including marriage, domestic work, sweatknown Rameezabee case (1978), and the family have simultaneously worked
shops and factories. Thus the manifesto, Rameezabee, a working class woman wasproviding women rights within
towards
without undermining or ignoring theraped by the police, after being arrested these institutions.
on Similarly, while recog-
oppression within sex work, points to thea false charge of loitering. The police nising the violation of rights within sex
then
linkages between different forces andslapped a case of inciting girls into prosti-
work, it may be important to fight for im-
ideologies. tution on Rameezabee. This was an effort proved working and living conditions for
to detract from the issue of the rape. sex workers.
QUESTIONS OF CHOICE
In another case of custodial rape, where
While the Calcutta union does not make a married woman was raped by a policeman References
an explicit plea for decriminalisation or and a resident of her natal village, after being
legalisation of sex work, they build up a threatened with the arrest of her husband if D'Cunha, Jean (1991): The Legalisation of
strong case for looking at the issue from the she did not consent. The Bombay High Court Prostitution: A Sociological Inquiry into the
perspective of the rights of prostitutes. acquitted the two accused believing that she Laws Relating to Prostitution in India and
had consented as she had not screamed or the West, Wordmakers, Bangalore.
Another organisation, started by 300 brothel
Hofmann, Cecelia (1997): 'Is It a Human
owners in Bombay with Indian Health protested, nor were there any marks on her
Right to Prostitute'? Women in Action, No 2,
Organisation, AsahayaTirskrut Nari Sangh, body. The Supreme Court reversed the 28-36.
demands licensing of prostitution. I H judgment on several grounds, one being that Jaget, Claude (ed) (1980): Prostitutes: Our Lives,
Gilhada, a spokesperson for the Sangh holds the woman was not a prostitute. "It is not Falling Wall Press, Bristol.
that prostitution is a necessary evil that helps suggested that PWI (the victim) agreed to Solanki, Gopika and Geetanjali Gangoli (1996):
to preserve the family and to prevent rape sexual intercourse either out of love or for 'The Official Discourse Around PITA, EPW,
of women. Hence, it should be monitored money...It is no one's case that PWI is a Vol XXXI, No 51.

by the government, which can abolish child

and coercive prostitution.
It is indeed arguable whether licensing
and monitoring by the state can benefit
prostitutes. However, the rationale offered
by the Sangh for prostitution perpetuates,
From Higher Caste to Lower Caste
rather than challenges patriarchal ideology. The Process of Asprashyeekaran & the Myth of Sanskritization
Male lust and sexuality is seen as
uncontrollable, and in the absence of such SHYAMLAL
'safety valves' men will rape all women.
Unlike the Calcutta manifesto, which 'Sociologists claim that the conversion of upper caste youths to the dalit co
sees male domination and male sexualitymunity was common in the past. In a bid to escape the attention and atrocit
as social constructs which oppress all by Mughals, several Rajputs in the Marwar region became Meghwals, anothe
women, Gilhada's perspective sees them asdalit community." The Times of India, New Delhi
given.
It has been suggested by some feminists "It is very stimulating to read both for its content and for the theor
that licensing and monitoring may not help cussion it initiates." Owen M. Lynch
sex workers to live and work with dignity.
They feel that regulation leads to a division 192 pp 1997 Rs. 340
between legal and illegal sex workers, leading
to further marginalisation of the latter. Many RAWAT PUBLICATIONS Te: 0141-51022
-Na-20 Jawahar Nagar JAIFax 0141-651748
sex workers would not desire regulation as 3-Na-20, Jawahar Nagar, JAIPUR 302004
it may mean they will be publicly seen as

Economic and Political Weekly March 7, 1998 505

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