Unionization of Sex Workers

 

Unionization of Sex Workers

        Workers come in many different varieties; they can be painters, professors, doctors, or sex workers, for example. Except for sex workers, everyone worker now somewhat has access to their fundamental rights. This Article is based on the Position of sex workers.

ABSTRACT:

        The noble world will remain upset as long as the profession of sex workers continues to be connected with moral scorn. The complexity of the issues faced by sex workers must be understood, even though this enigma has not yet been resolved.

The essential  How sex workers are treated legally in India is a problem. Despite the fact that prostitution does not appear to be illegal on the surface, the legislation's supplementary provisions make it hard to partake in the activity without infringing the law. 

Additionally, sex workers' jobs are not protected by unionization, which makes it difficult for them to receive basic medical care and puts their lives in danger.

INTRODUCTION:

        In India, Article 21 of the Constitution is guaranteed to every individual. A person has the right to live with dignity under Article 21 of the Indian Constitution.

Similarly, Article 14 of the Constitution of India reads as under: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

But the question arises, is the Protection is equally to the every Individual in the society . However, anytime we hear about sex workers, our natural inclination is to assume that they are criminals, We should not interact with them.

A movie called Gangubai Kathiawada, released in 2022, is entirely based on sex work and sex workers. In a movie where she battled for the rights of children born as a result of sex labour, Alia Bhatt played a significant role as an actor. She reportedly met Jawaharlal Nehru in 1964 to discuss the issues facing sex workers and make efforts to improve their living conditions. She also aids the workers.

The situation of sex workers, a vocation that dates back to ancient times, is discussed in this article. Prostitution is practised in both ancient and modern societies. Prostitution is "the oldest profession in the world," according to one definition.

The Indian society rejects the predominance of prostitution by claiming that it is against Indian "culture"; nonetheless, the Vedas and the Arthashastra suggest that prostitution was not illegal or stigmatised in ancient India.

A survey from the "Ministry of Women and Child Development" stated that there were 3 million sex workers in India as of 2007; 35.4% of these individuals were under the legal age of majority, which is 18 years of age. eleven  Contrary to popular opinion, not all sex workers are coerced to perform sexual favours for potential clients or are victims of human trafficking. Every woman who participates in an activity has the right to basic rights as a citizen, regardless of whether she was born into the community or voluntarily entered the workforce.

A sampling of 3000 female sex workers revealed that 60% of them selected the profession due to extreme poverty and the need to sustain themselves.(3) Many women enter the industry by birth and have no route out of the stigmatized community. Although it is simple to judge someone for choosing this way of life, it is impossible to comprehend the motivations without truly standing in their shoes.

The Immoral Trafficking (Suppression) Act, also known as SITA, was the first piece of legislation to address sex work. It forbade soliciting clients for sex in public places and allowed for the practise of sex work in private. (4)

a woman may exchange her body for something of value if she does so voluntarily. 

The "Prevention of Immoral Trafficking Act, 1986" was enacted as a result of India signing the "United Nations Declaration of Suppression of Trafficking, 1950".

This Act seeks to regulate and ultimately outlaw sex labour in India. Although in theory this could seem like a simple task to complete, in practise there would be unfavourable effects. The "Right to Live" with Dignity and the right to a clean and safe workplace are guaranteed by the Constitution, yet brothel owners often create worse working conditions for their sex workers out of fear of legal action. 

Even though for some, sex is not their preferred line of business, this is an awful reality for many Indian women. It cannot be overlooked that it is a constant component of Indian society even though it is viewed as a "vice" by some. Prostitution decriminalisation could be the first step towards reducing violence against sex workers. 

Given India's stance on sex work, providing these women with an organised structure of work with legal contracts that state the number of work hours, health security, and insurance can ensure that their fundamental rights are not being violated. Sex workers are also more vulnerable to rapes, assaults, and murders.

THE SEX IS WORK PRINCIPLE

(5) The notion that "sex is work" gives rise to labor unions for sex work.  Sex labor's presence in public discourse, especially discussions of public policy, has been utterly hidden by the dangers and exploitations associated with this line of work. In feminist organizations where feminists have resisted decriminalizing sex work and expressed their disgust with prostitution, these arguments have been seen to be particularly popular.

Because not all feminists make the same claims regarding widespread sexual exploitation and the normalization of women's subjugation, which eventually encourage violence from the other sex, it is critical to critically examine the "feminist" movement as a whole in this situation. This analysis is based on a very small segment of the street trade, which only makes up between 5% and 20% of the city's sex industry.(6)

Arlie Russell Hochschild and other theorists have suggested an interpretation that includes emotional work as labor. Furthermore, contrary to what Marx said, Wendy Chapkis asserted that sex work also involves control, satisfaction, and emotional labor, making it more than merely emotional labor. Her observations have been critical in increasing sex workers' rights and improving their standing as employees.

Despite the fact that the evil side of the sex industry is quite ubiquitous, the focus of this research is on how society has changed its perspective of sexual labor from one of sexual exploitation.

To develop, defend, and safeguard the rights of people working in the sex business, society must conceptualize the idea that "sex is work. "How sex labor is organized and governed by the law depends in large measure on social approval.

VIOLENCE AND VIOLATIONS AGAINST SEX WORKERS:

Sex workers are vulnerable to issues like safety and violence, health and medical care, and legal inequity. More consideration must be given to these difficulties than to any ethical argument against sex labour.Abuse of the authorities, including police officers, does not just affect indecent clients. The violence against sex workers is seen in numerous forms, but the majority of it results from discrimination because sex work is no longer illegal and is often combined with other crimes like exploitation or trafficking. In India, there are over 1,000,000 sex workers (12,000,000), and the majority of them experience violence because of the false belief that they are criminals and hence not citizens.

Due to their vulnerability and disadvantage, these sex workers are not only degraded, dehumanised, and stripped of their identity, but they are also rejected by the country.  The stigmatisation of sex work and the beliefs surrounding it have also contributed to the police authorities' lack of recognition. It has been observed that they disregard the cries of 

despair on the part of the sex workers when they are the victims of domestic or commercial abuse. These labourers are invisible because they are so severely repressed and not acknowledged. 

It has been observed that sex workers view law enforcement as the most dangerous institution. 

In addition, they are continuously subjected to sexual demands, verbal abuse, and innuendos by those in positions of authority to have access to speedy redress and other entitlements after being arrested under the provisions of the IPC for "public nuisance" and "obscene conduct," according to records of sexual assault by police officers, illegal detention, and torture of these sexworkers.

The most pervasive human rights violation among sex workers is discovered during the raid, rescue, and rehabilitation procedure.Police and NGOs raid brothels in an effort to "rescue" the women, who are then placed in rehabilitation facilities. Since the rescuers have no regard for the rights of the sex workers or the people merely staying on the brothel grounds, the majority of these rescues are extremely violent and abusive in nature. 

An NGO called SANGRAM performed research and discovered that after a raid, non-sex workers (family or neighbours who lived nearby the location of activity) were also bundled up and left nude in a van. The authorities have a history of torturing and abusing sex workers without showing them any respect as people and reducing them to the position of simple objects. Police personnel have degraded prostitutes by intimidating them with abusive language and tormenting them by applying chilli powder to their genitalia. Their accusations against the law enforcement have been compelled to be revoked due to their already established reputation as criminals.

REGULATIONS AND LEGAL FRAMEWORKS: 

        The principal law addressing trafficking is the "Immoral Traffic Prevention Act," which is recognised by Sections 370–373 of the "Indian Penal Code." However, the IPC's clause and the same structure make sex employment illegal. The regulations pertaining to the solicitation of sex work in private and public locations have a significant impact on sex workers.

 

The ITPA not only makes it illegal to solicit sex in public areas, but it also provides police personnel and non-governmental organisations full freedom to conduct raids and "rescue" sex workers.This legal framework enables magistrates to close brothels and kick people out, even if it's close to where they live.In India's current legal frameworks, human trafficking and sex labour are combined.A bigger number of sex workers are in this sector simply to make ends meet, despite the fact that some are tricked and pushed into it.

The human rights and labour rights of the other categories have been suppressed as a result of the overwhelming focus on the first group. It is not acknowledged that some women work in this field in an effort to improve their lot in life and standard of living. There is no room for laws to be made for their benefit because sex work is not recognised as labour and is hence illegal. This indicates that the right to a safe workplace and labour protections has been completely denied. As a result, the first step in India to creating a healthy sex economy with suitable regulation is acceptance and reform in legislative frameworks.

Other countries like Indonesia, Canada, Germany have legalize them and declare that they fall in the category of workers

International Policy Framework 

    Fundamental human rights include the right to fair and safe working circumstances, the ability to select one's job, and the right to work. Everyone has the right to work, to a free choice of employment, to reasonable and favourable working conditions, and to protection against unemployment, according to the Universal Declaration of Human Rights (UDHR).

The International Covenant on Economic, Social, and Cultural Rights (ICESCR), which the majority of nations have ratified, expands these clauses and gives them legal force. States must "recognise the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right," according to the ICESCR. Additionally, it mandates that nations provide "safe and healthy working conditions" and a fair remuneration.

Other worker rights protected by the ICESCR include the right to unionisation, access to social security benefits, including paid maternity leave or maternity leave with sufficient social security benefits, and gender equality in working conditions and pay. The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which has also been ratified by the majority of nations, affirms the right to work "as an inalienable right" and calls on its signatories to work towards the realisation of equal workers' rights for men and women, including the freedom of choice in employment and access to work-related benefits, occupational health and safety provisions, and the assistance needed to fulfil family responsibilities and work responsibilities. 

CEDAW specifically obliges states to counter “exploitation of prostitution of women.” Thus, states have committed to addressing exploitation in the sex industry. This statement does not imply that all ‘prostitution’ is exploitation; rather where exploitation exists, it must be addressed. In most countries which have ratified the legally binding, international human rights treaties discussed above, sex work is criminalised. This contradiction potentially creates space for sex worker organisations to hold their governments accountable; recognition of sex work as work would oblige governments to acknowledge that international and national labour treaties, laws and policies also apply to sex work.

ILO's Position on Sex Work: 

        The International Labor Organization (ILO) is a UN organization that advocates for workers' rights by establishing normative standards and benchmarks for the global labor market. Regardless of their degree of economic development, member states are obligated to preserve four fundamental rights under the Fundamental Principles and Rights at Work, which were approved in 1998. 

The 2010  ILO Recommendation 2013 targets HIV and AIDS as well as the workplace. Recommendation 200 lays out guidelines and standards for employees' rights to occupational health and safety, to be free from discrimination and stigma connected to HIV, and to access HIV testing, prevention, treatment, care, and support. It also discusses the responsibility placed on employers and the government to create policies and initiatives that uphold these rights.

Although there has been progress, sex workers contend that the ILO should go further in recognizing sex work as work, send a message to the international community and national governments that sex work is in fact work that is not inherently harmful or exploitative, and encourage the realization of sex workers' labor rights in the workplace.

India's Stance:

        In ancient India, prostitution was a legitimate profession. The historical narratives provide proof that sex workers in India had agency and fundamental rights. To put it mildly, prostitution was tolerated in ancient Indian civilization as evidenced by the epics Ramayana and Mahabharata, which provide examples of both the existence of prostitutes and the rights accorded to them. 

The laws governing sex labour, which described a hierarchy of prostitutes in ancient India, were later documented in books. Kumbhadasi was the lowest class of prostitutes, followed by Rupajiva and the Ganikas. The Ganikas were revered by the King and renowned for their intelligence and beauty.The King paid AGanika a set salary and treated her like a government employee.The clients were held accountable for mistreating the prostitutes and failing to compensate them for their services.

 

India ratified the 1950 "International Convention for the Suppression of Traffic in Persons and of the Exploitation of Women" at the United Nations after gaining independence. The "Suppression of Immoral Traffic in Women and Girls Act, 1956" was soon introduced in India. SITA was tolerant of sex work, but prostitution was a topic of intense worldwide discussion at the time. SITA underwent revisions to account for the new situation, and it was given the name "Immoral Traffic in Persons Prevention Act, 1986" (ITPA).

The word "suppress" was changed to "prevent" in the amendment, and the phrase "women and girls" was expanded to include "persons." The Act continued to criminalise sexual services and expressly forbade operating brothels, holding a woman for prostitution, and subsisting on a prostitute's profits. The Act also stipulated regional boundaries on the services' solicitation.The ITPA, a law against human trafficking, only addresses concerns related to forced prostitution and makes no mention of prostitution by choice. It is not just an ambiguous law, but it is also employed by the police as a tool to execute ambiguous laws that exploit and mistreat sex workers.

Many practitioners have observed numerous instances of violation following the enactment of an act: 

BY MEDICAL SPECIALISTS: 

Even the laws surrounding sex work have been affected by the stigma and discrimination surrounding it. 

Due to the nature of these women's employment, medical professionals who took an oath to not discriminate choose not to offer their services when they can. 

FROM MEDIA: 

Unfortunately, a significant infringement of the right to privacy is experienced by sex workers. 

The media photographs the ladies after the raid in their detention facilities to promote the story of the operation while effectively violating and degrading their rights. The medical health facilities violate the confidentiality clause.

Recent development:

        Voluntary sex work is permitted in India, however trafficking in persons for the purpose of prostitution is illegal, according to recent clarification from the SC in 2022."Sex workers have a legal right to equal protection. Criminal law must be applied uniformly in all circumstances, regardless of "age" and "consent."

The police must refrain from interfering or taking any criminal action when it is obvious that the sex worker is an adult and is taking part with consent, a three-judge bench led by Justice L. Nageswara Rao directed in an order that was passed after using special powers under Article 142 of the Constitution. 

When a brothel is raided, the Bench ruled that sex workers "should not be arrested, punished, harassed, or victimised" because "voluntary sexwork is not illegal and only running the brothel is unlawful."

The Supreme Court has ordered that police should not interfere with or prosecute adult and consenting sex workers in a key ruling that recognises sex work as a "profession" with rights to dignity and equal protection under the law.

According to Article 21 of the Constitution, "it need not be gainsaid that every individual in this country has a right to a dignified life," the court say.

Likewise, acknowledging sex employment as work

"Sex workers have a legal right to equal protection. Criminal law must be applied uniformly in all circumstances, regardless of "age" and "consent." The police must refrain from interfering or taking any criminal action when it is obvious that the sex worker is an adult and is taking part with consent, a three-judge Bench led by Justice L. Nageswara Rao ruled in an order that was issued after the court used its special authority granted by Article 142 of the Constitution.

The Bench decided that sex workers should not be "arrested, penalised, harassed, or victimised" if there is a raid on any brothel since "voluntary sex work is not illegal and only running the brothel is unlawful."

The Bench ruled that as "voluntary sex work is not illegal and only running the brothel is unlawful," sex workers should not be "arrested, penalised, harassed, or victimised" whenever there is a raid on any brothel.

The court decided that a kid of a sex worker should not be taken away from the mother just because she works in the sex industry. The court stated that sex workers' children also receive the "basic protection of human decency and dignity."

Furthermore, it should not be assumed that a juvenile who is discovered living in a brothel or with sex workers was trafficked.

The court ruled that if the sex worker asserts that he or she is her son or daughter, tests can be performed to verify the claim, and if they are true, the kid should not be forcefully separated.

CONCLUSION:

"Sex work is work". 

This straightforward yet impactful message portrays sex workers as not criminals, As labourers, not as victims, disease-carriers, or sinners.

Although there has been significant progress in legalising sex work, it still needs to be accepted by society as a whole. They have a right to equal protection as well.

Referances:

1. ( Jenness, Valerie (1990). "From Sex as Sin to Sex as Work: COYOTE and the Reorganization of Prostitution as a Social Problem," Social Problems, 37(3), 403-420. "[P]rostitution has existed in every society for which there are written records)

2. (SOCIAL AWARENESS INSTITUTION (SAI), TRAFFICKING IN WOMEN AND GIRL CHILDREN FOR COMMERCIAL SEXUAL EXPLOITATION: AN INTER STATE EXPLORATIVE STUDY IN JHARKHAND, ODISHA AND WEST BENGAL,  https://wcd.nic.in/sites/default/files/Final%20Report%20Trafficking%20in%20women%20and%20girl%2C%20SAI.pdf) 
3. Jessie Walker, The First Pan India Survey of Sex Workers (April 2011), https://web.archive.org/web/20141129020343/http: //jessiewalker.com/wpcontent/uploads/2014/1 1/Pan-IndiaSurvey-of-Sexworkers.pdf.

4. The State of Rajasthan v. Mst.Wahida, Rajasthan, (1981) RCC 42.

5. Gillian Abel, Lisa Fitgerald, & Cheryl Brunton, The impact of the Prostitution Reform Act on the health and safety practices of sex workers: Report to the Prostitution Law Review Committee (Department of Public Health and General Practice, University of Otago, 2007) accessed 13 April 2022.

6. ‘How Sex Work Laws are Implemented on the Ground and Their Impact on Sex Workers: Aotearoa New Zealand Case Study’ (NSWP: Global Network of Sex Work Projects) accessed 13 April 2022.