Page 108 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
“exploitative as a result, the strategy entails legal limitations on
3
scheduled sex work as well as release then reintegration procedures
for sex workers. It typically involves the State “compulsorily
moving sex labourers and providing them with the “chance toward
be contained behindhand hooked chain in a previous children’s
home-based toward study handcrafts, counting candle-making,
in addition, needlework,” or NGOs “working with the resident
forces toward pledge attacks, release lasses, then capture brothel
guards in red-light regions. ITPA, which codifies the “rescue and
4
rehabilitation” strategy, has served as the foundation for hard
work towards recovery circumstances for Indian sex labours. As
the following discussion will demonstrate, this strategy has not
improved the conditions of sex workers. 5

Police regularly engages in harassment of sex workers. Even
though the ITPA does not specifically prohibit sex work, it places
sex work in the legal grey area, resulting in police harassment of sex
workers. The ITPA also prohibits all accompanying acts required
to perform sex work. The sex workers are typically arrested for
6
this kind of harassments under the ITPA on one or more charges
and later released in exchange for money. 7
In her research on Bombay’s sex workers, sociologist Jean
D’Cunha originates that between 1980 and 1987, as numerous as
9000 sex labours were arrested, which was significantly more than
the number of pimps, buyers, and brothel wardens. According to a
new study the growth of the cases were filed in Karnataka under
3 Durbar MahilaSamanwaya, National Conference of Sex Workers organized by Committee,
Calcutta, 14-16th Nov. 1997
4 Raids, ‘Rescue and Unseen Realities’,<http\\www.vampnews.org\nov05\raids.html> ac-
cessed on 03 March 2023.
5 ‘India: Eviction of Sex Workers Boosts HIV Risk’ (2004)<http://hrw.
orgjenglishjdocs(2004j07j06jindia9010.htm> accessed on 3 March 2023.
6 Durbar MahilaSamanwaya Committee, ‘Sex Workers’ Right to Self Determination in
Proceedings of West Bengal State Conference’, April 29-30, DMSC, Kolkata.
7 Kotiswaran, P., ‘Preparing for Civil Disobedience: The Indian Sex Workers and the
Law’<http://www.bc.edujbc_orgjavpjlawwschf.journalsjbctwjj21_2jOl_FMS.htm>accessed
on 04 March 2023.
law.faculty@kdu.ac.lk
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