Skip to main content

Exploring the Contested and Controversial Nature of the Sex Industry in India: Experiential Encounters by Sex-Workers from the Periphery

  • Chapter
  • First Online:
  • 96 Accesses

Abstract

Despite the prostitution industry being decriminalized and accorded a semi-legal status in India, the status of sex-workers remains abysmal with scarce provisions towards healthcare, education/literacy, and/or labour rights. Consequently, the current approach to the rights of sex-workers alongside trafficked persons is ridden with several structural barriers, as existing state rehabilitation projects often violate subjects’ bodily autonomy and act as moral discipliners, leaving them vulnerable to various forms of systemic and institutionalized violence. Moreover, their children are subject to rampant forms of discrimination and societal othering, culminating in a vicious cycle of socio-economic deprivation/impoverishment. However, notwithstanding the aforesaid top-down, exclusionary measures, there have been strong feminist undercurrents in the recent decades advocating for the inclusion of such marginalized actors. One such example is the NGO Durbar Mahila Samanwaya Committee, comprising of many sex-workers as well as subjects from the LGBTQ community, who advocate the legalization of the prostitution industry in India, as they argue that its underground nature enhances networks of crime, and simultaneous workers’ stigmatization. Its social workers demand the dignity of their labour, addressal of HIV + STIs infecting the community, and awareness campaigns as inevitable first-steps towards eradicating the pervasive discrimination afflicting them. DURBAR workers actively champion for their rights as equal citizens, and instead critique state reform projects that merely seek to morally discipline women instead of providing concrete emancipation strategies towards socio-economic empowerment. They effectively use performative culture as a cogent means to embody subversion, and organize Nukkad Naataks (i.e., Street Plays), Carnivals, Music, and Dance shows in West Bengal towards building awareness on the various problems afflicting them, along with the need to adopt a rights-based over criminalizing paradigm. Especially against the disenfranchised status of such women located at the fringes of civil society today, such grassroots movements of resistance exemplify important signifiers of women’s bodily autonomy and occupational freedom. This article will incorporate analogous modalities of resistance from prominent sex-worker rights NGOs in India, alongside their strategies of collective organization and bottom-up solidarity through the lens of performative culture. Reliant on such accounts from the margins, this paper therefore elucidates how such instances of mobilization and resistance, epitomize significant catalysts of agency and social change, which otherwise go missing from the dominant annals of policy and developmental discourses. Such an inclusion of these occluded life-stories of stigmatized subjects can inform a profound change of discourse that includes the voices and lived experiences of India’s informal-sector female sex-workers, alongside advocates a more representative, bottom-up approach that takes into account their situational factors in the making of humanitarian protocols. Finally, via unpacking the experiential narratives of such marginalized actors, this paper attempts to encapsulate the intersectional concerns of gender activisms from the Global South, as well as inform feminist epistemologies by incorporating such silenced histories of subaltern women.

This is a preview of subscription content, log in via an institution.

Buying options

Chapter
USD   29.95
Price excludes VAT (USA)
  • Available as PDF
  • Read on any device
  • Instant download
  • Own it forever
eBook
USD   109.00
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Hardcover Book
USD   139.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Purchases are for personal use only

Learn about institutional subscriptions

Notes

  1. 1.

    This chapter draws in places from the author’s previous works which include a blog on LSE site (Patnaik, Shriya [2021] The invisible voices of India’s informal sector sex workers. South Asia @ LSE [22 March 2021]. Blog Entry.) and a news article on Geneva Graduate Institute site (https://www.graduateinstitute.ch/communications/news/missing-life-stories-indias-sex-workers).

  2. 2.

    Although the current laws regulating the ‘selling of sexual services for money’ is legal, under specific circumstances, while it a punishable offense if carried out in public (this includes pimping, street solicitation, kerb-crawling i.e., soliciting sex at roadside corners, or paid sex in brothels or hotels. Under Indian laws on prostitution, the selling of sex is legally permissible in private residences of the sex-worker or client, while illegal in public sites. The use of private residences by the prostitute or client, is an unregulated domain, which complicates this scenario even further. Furthermore, The Immoral Traffic Prevention Act, conflates ‘Trafficking’ with ‘Prostitution’ as inter-related and synonymous phenomena, and is intended as a means of limiting and eventually abolishing prostitution in India by criminalising various aspects of sex-work. Refer to The Immoral Traffic Prevention Act 1956: https://www.refworld.org/docid/54c210604.html.

  3. 3.

    Supreme Court of India, Budhadev Karmaskar vs. State of West Bengal (14 February 2011): https://indiankanoon.org/doc/1302025/.

  4. 4.

    ILO Recommendation concerning HIV and AIDS and the World of Work [No 200] (Geneva: ILO Archives, 2010): https://www.ilo.org/global/topics/hiv-aids/WCMS_194088/lang--en/index.htm.

  5. 5.

    In India, although the current laws regulating the “selling of sexual services for money” is legal, under specific circumstances, while it a punishable offense if carried out in public (this includes pimping, street solicitation, kerb-crawling, or paid sex in brothels or hotels. The use of private residences by the prostitute or client, is an unregulated domain, which complicates this scenario even further. Moreover, the All India Suppression of Immoral Traffic Act (SITA), conflates Trafficking with Prostitution as inter-related and synonymous phenomena, and is intended as a means of limiting and eventually abolishing prostitution in India by gradually criminalising various aspects of sex-work. Refer to The Immoral Traffic (Prevention) Act 1956: http://www.protectionproject.org/wp-content/uploads/2010/09/India_Acts_1986.pdf.

  6. 6.

    Anne Gallagher is Adviser on Trafficking to the UN High Commissioner for Human Rights and Manager of OHCHR’s Anti-trafficking Program. She has worked with the United Nations since 1992 and has been involved in a range of mandates including economic, social, and cultural rights; the human rights of women; human rights training for the police and peacekeepers; and other global human rights institutions.

  7. 7.

    Sex-workers Project, “The Use of Raids to Fight Trafficking in Persons” (2009): https://sexworkersproject.org/publications/reports/raids-and-trafficking/

  8. 8.

    League of Nations Advisory Committee on Traffic in Women and Children (hereafter referred to as ‘Committee’), Minutes of the Ninth Session, Eighth Meeting, Geneva, 5 April 1930, 49, LNA C.246M.121.1930.IV.

  9. 9.

    Committee, Minutes of the Thirteen Session, Second Meeting, Geneva, 4 April 1934, 16–27, 26–27, LNA CTFE/13th Session/PV.

  10. 10.

    “The moral protection of young women drawn up by the International Labour Office,” in Prevention of Prostitution: A Study of Preventive Measures, Especially Those which Affect Minors (Geneva, League of Nations Advisory Committee on Social Questions, 15 May 1939), 60–61, LNA, CQS/A/19(a).

  11. 11.

    Spivak critiques such universalist and essentialist teleologies, which may not be applicable across pluralistic cultures, and reproduce the patterns of oppression they purportedly critique. Refer to Gayatri Chakravorty Spivak, “Can the Subaltern Speak?”, in Colonial Discourse and Post-Colonial Theory, ed. Patrick Williams & Laura Chrisman (New York: Columbia University Press, 1994), pp. 66–111.

  12. 12.

    Here, Hindu nationalists felt that women’s decisions fell under their area of authority and a foreign intruder was not in a position to encroach upon age-old cultural practices. Refer to Andrea Major, “Self-determined Sacrifices? Victimhood and Volition in British Constructions of Sati in the Rajput States, 1830–60”, History and Anthropology 17, no. 4 (2006): pp. 315–316.

  13. 13.

    Committee, Minutes of the Fifteenth Session, Fifth Meeting, Geneva, 22 April 1936, 4, LNA CTFE/15th Session/PV.5.

  14. 14.

    Committee, Minutes of the Third Session, Geneva, 7–11 April 1924, 83, LNA C.217.M.71.1924.IV.

  15. 15.

    Durbar Mahila Samanwaya Committee [DMSC]: https://durbar.org/.

  16. 16.

    Sampada Grameen Mahila Sanstha [SANGRAM]: https://www.sangram.org/.

  17. 17.

    Veshya Anyay Mukti Parishad (VAMP): https://www.nswp.org/members/asia-and-the-pacific/vamp-veshya-anyay-mukti-parishad.

  18. 18.

    See Urvashi Butalia, The Other Side of Silence: Voices from the Partition of India (Durham: Duke University Press, 2000); Veena Das, “Specificities: Official Narratives, Rumour, and the Social Production of Hate,” Social Identities 4, no. 1 (1998): pp. 109–130; Veena Das, “The Act of Witnessing: Violence, Poisonous Knowledge and Subjectivity,” in Violence and Subjectivity, ed. Veena Das et al. (Berkeley: University of California Press, 2000).

References

  • Ballhatchet, K. (1980). Race, sex, and class under the Raj: Race, sex, and class under the Raj: Imperial attitudes and policies and their critics. Weidenfeld and Nicolson.

    Google Scholar 

  • CEDAW. (1992). UN Committee on the Elimination of Discrimination against Women (CEDAW), CEDAW General Recommendations Nos. 19, Article 6. Adopted at the Eleventh Session, 1992.

    Google Scholar 

  • De, R. (2018). The case of the honest prostitute: Sex, work, and freedom in the Indian constitution. In A people’s constitution: The everyday life of law in the Indian Republic. Princeton University Press.

    Google Scholar 

  • Frederick, J. (2016). The myth of Nepal-to-India sex trafficking: Its creation, its maintenance, and its influence on anti-trafficking interventions. In K. Kempadoo, J. Sanghera, & B. Pattanaik (Eds.), Trafficking and prostitution reconsidered: New perspectives on migration, sex-work, and human rights. Routledge.

    Google Scholar 

  • Gallagher, A. (2001). Human rights and the new UN protocols on trafficking and migrant smuggling: A preliminary analysis. Human Rights Quarterly., 23(4), 975–1004.

    Article  Google Scholar 

  • Gallagher, A., & Pearson, E. (2008). Detention of trafficked persons in shelters: A legal and policy analysis. SSRN Electronic Journal. https://doi.org/10.2139/ssrn.1239745

    Article  Google Scholar 

  • Gallagher, A. (2010). Improving the effectiveness of the international law of human trafficking: A vision for the future of the US trafficking in persons reports. Human Rights Review, 12(3), 381–400.

    Article  Google Scholar 

  • Dina, H. F. (2014). The celebritization of human trafficking. The Annals of the American Academy of Political and Social Science, 653(1), 25–45.

    Article  Google Scholar 

  • Kelly, P. (2008). Lydia’s open door: Inside Mexico’s most modern Brothel. University of California Press.

    Book  Google Scholar 

  • Kempadoo, K. (2016). Introduction: Abolitionism, criminal justice, and transnational feminism. In K. Kempadoo, J. Sanghera, & B. Pattanaik (Eds.), Trafficking and prostitution reconsidered: New perspectives on migration, sex-work, and human rights. Routledge.

    Google Scholar 

  • Legg, S. (2014). Prostitution and the ends of empire: Scale, governmentalities and interwar India. Duke University Press.

    Book  Google Scholar 

  • Levine, P. (2004). A multitude of unchaste women: Prostitution in the British Empire. Journal of Women’s History, 15(4), 159–163.

    Article  Google Scholar 

  • Lim, L. L. (Ed.). (1998). The sex sector: The economic and social bases of prostitution in Southeast Asia. ILO Report.

    Google Scholar 

  • Major, A. (2006). Self-determined sacrifices? Victimhood and volition in British constructions of Sati in the Rajput states, 1830–60. History and Anthropology, 17(4), 313–325.

    Article  Google Scholar 

  • Mani, L. (1998). Contentious traditions the debate on Sati in colonial India. University of California Press.

    Google Scholar 

  • Mitra, D. (2020). Indian sex life. Princeton University Press.

    Book  Google Scholar 

  • Nandy, A. (1988). The intimate enemy: Loss and recovery of self under colonialism. Oxford University Press.

    Google Scholar 

  • Peters, W. A. (2015). Responding to human trafficking. University of Pennsylvania Press.

    Book  Google Scholar 

  • Rao, A. (2003). Understanding Sirasgaon: Notes towards conceptualizing the role of law, caste and gender in India. In A. Rao (Ed.), Gender & caste. Kali for Women.

    Google Scholar 

  • Shah, P. S. (2014). Street corner secrets. Duke University Press.

    Book  Google Scholar 

  • Sinha, M. (1999). Suffragism and internationalism: The enfranchisement of British and Indian women under an imperial state. The Indian Economic & Social History Review, 36(4), 461–484.

    Article  Google Scholar 

  • Tambe, A. (2005). The elusive Ingénue: A transnational feminist analysis of European prostitution in colonial Bombay. Gender & Society, 19(2), 160–179.

    Article  Google Scholar 

  • Tambe, A. (2009). Codes of misconduct: Regulating prostitution in late colonial Bombay. University of Minnesota Press.

    Google Scholar 

  • UNHRC. (2014). Report of the Special Rapporteur on Violence against Women, its causes and consequences: Mission to India. Rasheeda Manjoo, Human Rights Council, 26th Session, A/HRC/26/38/Add. 1.

    Google Scholar 

  • Vance, S. C. (1984). Pleasure and danger: Exploring female sexuality. Routledge & K. Paul.

    Google Scholar 

  • Vance, S. C. (2012). Innocence and experience: Melodramatic narratives of sex trafficking and their consequences for law and policy. History of the Present, 2(2), 200–218.

    Article  Google Scholar 

Download references

Author information

Authors and Affiliations

Authors

Corresponding author

Correspondence to Shriya Patnaik .

Editor information

Editors and Affiliations

Rights and permissions

Reprints and permissions

Copyright information

© 2023 The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd.

About this chapter

Check for updates. Verify currency and authenticity via CrossMark

Cite this chapter

Patnaik, S. (2023). Exploring the Contested and Controversial Nature of the Sex Industry in India: Experiential Encounters by Sex-Workers from the Periphery. In: Ojha, A., Jaiswal, P. (eds) South Asian Women and International Relations. Palgrave Macmillan, Singapore. https://doi.org/10.1007/978-981-19-9426-5_15

Download citation

Publish with us

Policies and ethics