Although existing legislation punishing those in sex work has been criticised for unfairly targeting the victim whilst allowing the client to go free, activists argue that a proposed amendment that seeks to correct this injustice actually makes sex workers more vulnerable

In an open letter to Congress Party President Sonia Gandhi, international and national activist groups have urged her to re-think a proposed amendment to the 2006 Immoral Traffic (Prevention) Amendment Bill that seeks to criminalise clients or buyers of sexual services.

The existing law that punishes those in sex work has been criticised for unfairly targeting the victim whilst allowing the client to go free. The amendment seeks to correct this injustice.

However, activists who have signed the letter to Sonia Gandhi argue that the amendment will not protect the rights of sex workers. They site the case of Sweden that passed a law in 1998 penalising clients who bought sexual services. This has not protected women in prostitution, the letter claims, but has made them more vulnerable in a number of ways.

‘Studies indicate that the statute has had the effect of reducing street-based prostitution. Fearing prosecution, men have made it clear that they prefer more clandestine venues for sexual transactions, and a great deal of Sweden's sex industry has apparently moved indoors, a development greatly facilitated by use of the Internet.

‘Women sex workers still working on the street because they are unable to move their work indoors have reported to researchers that the law has made them more, not less, vulnerable to predatory and violent clients. They note that men who seek sex on the street are those who are most desperate and violent. Moreover, since there are fewer clients on the street, those who are still there can be more demanding, including insisting on sex without condoms and other unsafe acts.'

Because of the evidentiary rules attached to it, the law has provided an incentive for men to refuse to use condoms because condoms can easily be brought into evidence against them in court proceedings, the letter says.

Criminalisation forces sex work to become clandestine, with all the dangers noted above, and gives the police latitude to be abusive of sex workers. It also opens the door for criminal elements to become prominent in the sex trade, adds the letter.

‘We are sure you are aware that human rights and HIV/AIDS advocates around the world have looked to India as a model for courageous and effective efforts of sex workers and sex worker collectives as HIV/AIDS educators and key players in HIV prevention. We have attended numerous international conferences where representatives of sex worker organisations in India were influential leaders in policy discussions on HIV prevention and awareness-raising.'

The letter says that if the amendments are brought to Parliament for consideration, they must include public hearings that would allow people in sex work to comment on them from their unique perspective.

The letter is signed by Brad Adams, Director, Asia Division, Human Rights Watch, Joanne Csete, former Executive Director, Canadian HIV/AIDS Legal Network, Adrienne Germain, President, International Women's Health Coalition, Geeta Rao Gupta, President, International Centre for Research on Women, Ruth Messinger, President, American Jewish World Service, Aryeh Neier, President, Open Society Institute, Meena Saraswathi Seshu, SANGRAM, India.

Source: AIDS INDIA eFORUM, June 2008