Policing Prostitution in India: An Examination of Field Experiences at Mumbai
Description
India's response to prostitution and sex-trafficking has been Tolerationist following the UN Convention for the Suppression of Immoral Traffic in Persons and the Exploitation of the Prostitution of Others. The purpose behind passing Immoral Traffic Prevention Act, 1956 after the signing of this Convention was to criminalize the exploitation for prostitution and the rehabilitation of those forced into prostitution (Lok Sabha Debates). While the misuse of this Act along with the Police Acts to arrest women soliciting on the streets has been previously documented, this paper draws attention to the cases by the police where they abuse the power this law gives them to simply remove prostitutes from public view without even intending to initiate their rehabilitation. This paper, argues for primacy to be given to the rights of the prostituted, the need to amend the law and also for prostitution and sex-trafficking to not be seen as a law and order problem but to understand it in the larger social context as an interplay of various root causes that need to be tackled.
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ShetyeVol13Issue1IJCJS.pdf
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References
- Bakshi P. M. (2013). The Constitution of India (12th ed.), Universal Law Publishing Co. New Delhi Bombay Police Act, 1951 (Bare Act). Bombay Prevention of Prostitution Act, 1923 (Bare Act). Constituent Assembly of India Debates (Proceedings)- Volume VII, 3rd December 1948. Criminal Law (Amendment) Act, 2013. D'Cunha J. (1987), Prostitution in a Patriarchal Society: A Critical Review of the SITA Act, Economic and Political Weekly, XXII(45), 1919- 1925. D'Cunha J., (1992), Prostitution Laws—Ideological Dimensions and Enforcement Practices, Economic and Political Weekly, 27(17), 34-44. Dueck J., Guzman M. & Verstappen B. (2001), HURIDOCS Events Standard Format: A tool for documenting human rights violations, HURIDOCS, Switzerland. Immoral Traffic (Prevention) Act, 1956 (Bare Act). Lok Sabha Debates, Vol. IX, 1956, 14th Session, Part II, Proceedings other than questions and answers, 29th November, 1956, p. 1449-1513, 1527- 1588, Lok Sabha Secretariat, New Delhi. Patkar P., & Patkar P. (2002), In Search of a New Legislation against Trafficking and Commercial Sexual Exploitation, Anti Trafficking Centre Prerana, Mumbai. Prayas (2004), Report of the National Workshop to Review the Implementation, of Laws and Policies Related to Trafficking: Towards an Effective Rescue and Post Rescue Strategy, Prayas, TISS, Mumbai. Sen, S., & Nair P. M. (2005), Trafficking in Women and Children in India, Orient Longman Private Ltd. New Delhi. Shah S. P. (2014), Street Corner Secrets: Sex, Work and Migration in the city of Mumbai, Duke University Press Stake R. E. (2000) Case Studies. In Denzin and Lincoln (ed) Handbook of Qualitative Research 2nd edition, Sage Publication Tambe, A. (2009), Codes of Misconduct- Regulating Prostitution in Late Colonial Bombay, Zubaan, New Delhi. Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill 2016- Draft.