"Rescuing" Sex Workers

[Yoshie Furuhashi <furuhashi.1@xxxxxxxxxxx>]

Compendium on Child Prostitution
Compiled by Socio Legal Information Centre

*****   BOMBAY HIGH COURT INTERVENES TO "RESCUE"
CHILD SEX WORKERS

In January 1996 the Bombay High Court recognizing the gravity of the
situation directed the State of Maharastra and the Police to carry
out raids in Kamathipura and other areas of Mumbai where the sex
trade flourishes. The intent of these raids was to "rescue" children
and sex workers forced into this trade. About 450 girls were
"rescued" pursuant to the directions of Bombay High Court.

A Pandora's Box was opened and the authorities were unable to control
the events that were triggered by these raids. The Chief Justice of
the Bombay High Court under whose instance the raids were conducted
has gone on record to state that State authorities were not providing
the necessary infrastructure to house and rehabilitate rescued sex
workers. Voluntary organisations were not consulted prior to the
raids and were caught unawares and without appropriate facilities to
handle the situation. Organisations and activists working with
commercial sex workers were shocked at the insensitive approach
adopted by the authorities. It is paradoxical that raids should have
been conducted before making concrete arrangements for housing,
health and rehabilitation especially when the magnitude of the
problem had been ascertained.

The "rescued" girls were initially housed at St Catherine's Home -
rehabilitation centre at Andheri Observation home at Umarkhadi, Asha
Sadan - a home for destitute children, Deonar Reception Centre -
Centre housing destitute women and Chembur Beggar's Home.

These centres, managed or aided by the State, were unfortunately not
in a position to comprehensively deal with the situation. A paltry
sum of Rs. 500/- per month was allocated in the State Budget for the
care and treatment of each "rescued" sex worker. This amount was
grossly insufficient and it was necessary to provide special
infrastructure, medical and counseling facilities for incarcerated
sex workers. The amount was increased to Rs. 1,000/. per month under
an Order of the Court dated 9.4.1996.

The indifference of the State was highlighted by the manner in which
the "rescued" sex workers were treated. There was flagrant flouting
of the laws by the authorities and the incarcerated sex workers were
deprived of even their most basic human rights. These violations
prompted human rights organizations and organisations working with
children, sex workers on health issues to intervene on behalf of
rescued sex workers. The contention of the intervenors was that 50%
of the "rescued" and incarcerated sex workers were adults and should
be released if they so wished. Under the Indian law prostitution is
not per se an offense. The detention of sex workers who are not
minors is illegal. A plea was also made to desist from deporting the
sex workers to their native states. The girls did not want to return
home as many of their families and friends were not aware of the
trade they were involved in. They feared ostracism and preferred to
remain in Mumbai but their preference was not given any attention. A
few of the "rescued' girls attempted to flee and resorted to self
mutilation by slashing their limbs with blades as they did not want
to return home. Proper counseling facilities were provided by the
authorities only after the intervention of non-government
organizations. The raids resulted in mother and child being separated
and pregnant sex workers were deprived of an opportunity to medically
terminate their pregnancy.

The authorities without any detailed case studies being carried out
deported the "rescued" sex workers, both major and minor, to their
respective States. No proper attempt was made to take the consent of
the girls prior to deportation. There have been cases of sex workers
who have died in custody. The authorities gave the reason for death
as AIDS. The "rescued" girls were not provided with have died in
custody. The authorities gave the reason for death as AIDS. The
"rescued" girls were not provided with adequate medical assistance
and no medical programme had been outlined by the authorities.

The authorities and the institution that housed the "rescued" sex
workers carried out mandatory HIV testing upon the sex workers
without their knowledge in absolute violation to the prevailing human
right norms and the law.

About 218 of the sex workers "rescued" in February 1996 were from
Nepal. It is estimated that about 1,50,000 girls from Nepal are
working in the flesh trade in Mumbai. Initially the Nepal government
was hesitant to receive the "rescued" sex workers. The Nepali girls
wishing to be repatriated to their country of birth have recently
been sent home to their families or to organisations working for the
rehabilitation of sex workers. Many of the Nepali girls have chosen
to remain and be rehabilitated in Mumbai. In the absence of a
rehabilitation plan the "rescued" girls continue to remain in
institutions where the situation is deplorable and inhuman. A
"rescued" Nepali sex worker was made to starve and physically
tortured at Asha Sadan, Dongri. The press has also reported the rape
of a minor sex worker who was housed at Majha Ghar Rescue Home by
police from Kala Chowky Police Station.

The Bombay High Court has directed that the raids be a regular
feature. The absence of a rehabilitation plan has led to despondency
and loss of trust in the government. The desperation of the "rescued"
sex workers is reflected in a statement made by one of them. "We do
not trust the Government to give us jobs or look after us. Where are
they when we were forced into this profession ? We can't go back home
because our parents will be disgraced in the village once they know
about our job in the city". The girls feel they are being detained
like prisoners even though they have not committed any crime. Sex
workers even if they want to are not in a position to voluntarily
leave the trade because of the absence of a Rehabilitation Programme
and stigma attached to the profession. The State has neglected to
formulate a comprehensive Rehabilitation Plan and coordination
between Police, Social Welfare Ministry and the Children's Home has
made a mockery of the existing Rehabilitation Plan.

The non-government organisations too have failed to sufficiently
accept of responsibility of rehabilitation and are unable to provide
the sex workers with skills, training and job opportunities that will
enable them to rent a house and earn a house and earn a living.
Rehabilitation Homes and Half-way Homes are required to be
established either by the State or non-government organisations, with
proper vocational training, counseling and medical facilities. It is
essential to import training to the sex workers that will enable them
to acquire market oriented skills and earn a substantial income.

Under PITA prostitutes are to be housed in corrective institutions in
lieu of jail sentences but in Maharashtra no such facility exists.
Child prostitutes are housed in Juvenile Justice Homes. The Juvenile
Homes are overburdened with neglected juveniles and are not able to
provide the special care and counseling necessary for rehabilitation.

Raids without the formation of any comprehensive Rehabilitation Plan
are self-defeating as they do not achieve the propose for which they
were conducted. Sex workers are snatched from their profession and
locked up in prison-like institutions for long periods of time due to
indifference and negligence on the part of the authorities.   *****

*****   Sex workers narrate harrowing tales of atrocities inflicted
by guardians of law
By Usha Rai

New Delhi, feb.7: Electric shocks on the breasts of women
prostitutes. Vaginal assaults with lathis and chillie paste and
humiliation by stripping the women naked in front of their children
are a sample of the police brutalities on sex workers brought to the
notice of the National Commission for Women.

The worst forms of human rights violation are inflicted on sex
workers by the guardians of the law, says Mrs. Mohini Giri
Chairperson of the National Commission for Women. Horrified by the
police atrocities, Mrs. Giri and other members of the Commission are
to meet Police officers in different cities to evolve a code of
conduct for police personnel dealing with sex workers.

During meetings in Hyderabad. Madras and Delhi over 200 women who are
in the trade gave graphic accounts of police atrocities, spoke about
problems regarding health care and voiced concern for their
children's future. Thirty of them had AIDS and were at death's door.
Many of those suffering from AIDS are now working with the South
India AIDS Action Programme.

Sex workers from Tamil Nadu said they were often picked up by the
police not at their work place but while walking on the road, from a
cinema house or while waiting for a bus; irrespective of their age
they are beaten up in front of their children. They are charged with
drug trafficking, prohibition related offences or are picked up as
suspects in criminal cases.

The women told the NCW that the main reason for the harassment was
extortion of money and sexual favours.   *****

*****   Rescued minor sex workers demand release
By A staff Reporter

Mumbai, February 13 : Sex workers who were rescued by the police on
February 4 have turned violent and are demanding to released from the
ten children's institutions where they have been housed, said social
workers from the institutes.

The 437 minor girls rescued from the city's red light areas were
supposed to kept on remand from February 6 till today. However, the
magistrate at the juvenile justice court asked for them to be kept
for a longer period as sufficient investigations had not been
conducted as yet.

The social workers allege that around 60 per cent of the girls are
not minors. The girls are turning restless in six of the ten
institutions. A social worker said, " At six privately run
institutions, the girls are demanding that they be released. They are
threatning to get violent. Moreover, some of the dalals are standing
outside the institutions and throwing stones. "

She added that this has disrupted the functioning of schools to which
the homes are attached. "Parents are scared to send their children to
school."

The social workers added that the government has not planned a
rehabilitation programme for the girls. "They should release the
girls who are not minors. There must be a rehabilitation scheme for
the rest, " a social worker suggested.

She added that at present, the homes were unable to cope with a mass
insurgence of girls due to lack of infrastructure.

TIMES OF INDIA
14 FEBRUARY 1996   *****

*****   23 prostitutes escape through a hole in wall
Express News service

July 2: Twenty-three rescued commercial Sex Workers (CSWs) escaped
early this morning from Chembur Beggar's Home after they succeeded in
making a hole in the bathroom wall.

Chemur senior inspector told Express Newsline that police parties
were combing brothels in the city's red-light district to nab the
prostitute. At least 20 brothels have been raided so far, police
added. Police sources said the incident took place between 3 and 4 am
when the girls made good their escape after making a hole in the
bathroom wall isolated from the living quarters. There is a
possibility that the rescued girls may have returned to the brothels.
sources added.

The incident comes close on the heels of four CSWs who escaped under
similar circumstances from St. Catherine's Home at Andheri. The girls
fled after removing the bathroom's mesh. The CSWs are yet to the
braced. Voluntary organisations working in red light areas fear the
girls many have returned to their former profession. The girls have
either gone into hiding or kept in safer places to avoid detention,
they say. Sources in the red light area told this newspaper that
there is a possibility of the girls being temporarily transferred to
brothels in nearby cities like Pune, Kholapur and Surat. They may be
brought back to the city when safer conditions prevail, sources
added. Worse will, the police do not have pictures of the rescued
girls. And most of the Nepalese girls look alike. Incidentally, 220
odd rescued CSWs still languish at city's four rescue homes. So far
five girls have died in judicial detention and another 14 are
pregnant without being given a choice of Medical termination of
Pregnancy (MTP), sources confirm. Officials at Chembur Beggars Home
were not available for comment when this reporter tried to contact
them this evening.

INDIAN EXPRESS
3 JULY 1996   *****

And other articles on the topic are available at
<http://www.hsph.harvard.edu/Organizations/healthnet/SAsia/repro2/comp
endium_on_child_prostitution.html>.

Yoshie