Licence for exploitation?

Sheela Ramanathan, Director, Human Rights Law Network, Bangalore, is an advocate who provides free legal aid for the disadvantaged

Sheela Ramanathan
Posted On Tuesday, December 15, 2009 at 06:03:59 PM

The other day at a public meeting, a speaker commented that priesthood was the second oldest profession, and smirked saying “Of course we all know which is the first oldest profession.”


I always wonder if prostitution was a profession how come earnings depreciate with experience. How is it that the fresh young ones who have just joined the profession get a higher price?

Anyway I suppose the Supreme Court cannot pass a ruling on the wages of sex worker without much thought, like it did recently when it supposedly told the government, “If you cannot curb it (prostitution), legalise it.” Just like telling the government, “If you cannot curb child marriage legalise it” or, “If you cannot stop child labour legalise it.”

To legalise prostitution, the government has to only set up offices in every nook and corner and issue licences to the young and very young humans who are being trafficked. Officials issuing licences may demand a free sample of the applicant's expertise, just like they do to issue a driving licence. And then there may be pimps, who are experts in procuring false licences.

We have seen that many of the young women pushed into prostitution are lured to the city by their loved ones, be it a boy friend or cousin or uncle, with promises of marriage or job opportunities. Once prostitution is legalised, such young women may be told that they need not feel scared that they do not have a job since they will be issued licences.

They can send home their earnings saying their work has been legally recognised by the government. The government can also declare pension and other benefits like provident fund, gratuity for their old age. In case these women are afflicted with diseases due to unsafe sex, in spite of the availability of condoms, they can use their licences to safely go to any hospital for treatment. And the doctors will know that it was but natural that they should get infected.

It has become politically incorrect to use the term prostitution. Now since they are sex workers will they be entitled to all the benefits of a worker in the organised sector such as leave, medical and otherwise, leave travel concession, maternity or paternity leave, housing loans and vehicle loans, bank loans to get their daughters married, or loan to go on pilgrimages?
The very young sex workers can may be join as apprentices and get stipend and certificates. Till they get their regular license they can use the appretencship certificate.

Sex work will become hazardous. Sex workers may have to search some dark corners near railway stations and bus stops to earn their daily bread. The pimps may threaten to destroy their licence if they do not oblige them. Some policemen will feel that the sex workers' licences should be revoked if they are not provided free or concessional sex.

You may say, what is the harm in legalising it? European countries have legalised it. Well, let us get all the things which the European countries have. For example unemployment wages, medical insurances, and so on. Let us copy them in the amount of taxes they have to pay on the wages they earn or the assets they have.

Wonder what a sex worker feels about the Supreme Court's comment? Prostitution per se is not an offence under the Immoral Traffic Act. But a person can be arrested if he or she solicits sex at any specified distance from a place of worship etc.

I had addressed a set of sex workers on the subject of Supreme Court guidelines on sexual harassment at the work place. They could understand all my jokes about harassment much faster and with great sensitivity compared to a set of college-going upper class girls. In fact, some of the sex workers had complained that they were sexually harassed and taken advantage of by the so-called counsellors, who enroll them for distributing condoms and conducting peer awareness for safe sex.

Many NGOs, which work for the rights of the sex workers, may say that such instances of a counsellor taking advantage of a sex worker could be by choice of the latter. It could be. But the choice is because of the circumstances. In places like Darjeeling where tea estates closed or in villages where farmers committed suicide, young girls are forced to migrate to cities and may become sex workers. There cannot be a second opinion that they are exploited by various sections of society. Many have families and children who are dependent on their earnings. The so-called legalisation will only benefit the sections which issue the licenses and those who ask for its inspection.