Prostitution in India
In India, prostitution (the exchange of sexual services for money) is legal under certain conditions, and a number of related activities, including soliciting in a public place, kerb crawling, owning or managing a brothel, pimping and pandering, are crimes.
- 1 History
- 2 Organisation
- 3 Legal status
- 4 Reasons for entry
- 5 Male sex workers
- 6 Sex worker health
- 7 Foreigners
- 8 NGOs in Mumbai Area
- 9 Popular culture
- 10 See also
- 11 References
- 12 Further reading
- 13 External links
In ancient India, there was a practice of having Nagarvadhus, "Brides of the town"(grooms). Famous examples include Amrapali, state courtesan and Buddhist disciple, described in Vaishali Ki Nagarvadhu by Acharya Chatursen and Vasantasena, a character in the classic Sanskrit story of Mricchakatika, written in the 2nd century BC by Sudraka. In Goa, a former Portuguese colony in India, during the late 16th and 17th centuries, there was a community of Japanese slaves, who were usually young Japanese women and girls brought or captured as sexual slaves by Portuguese traders and their South Asian lascar crewmembers from Japan.
During the British East India Company's rule in India in the late 18th and early 19th centuries, it was initially fairly common for British soldiers to frequently visit local Indian nautch dancers. Likewise, Indian lascar seamen taken to the United Kingdom frequently visited the local British prostitutes there. In the 19th and early 20th centuries, thousands or even millions of women and girls from continental Europe and Japan were trafficked into British India, where they worked as prostitutes servicing British soldiers and local Indian men.
A lot of literature is available about the various socio- economic political aspects of prostitution. However very little information is available on the various government and non-governmental effort made to help this section of the population in leading a dignified life. An in-depth study of the red light area and the pattern of functioning reflect the dehumanising situation that the commercially sexually exploited women (CSEW) face every day. They are pushed into the trade at a young age, at times even before they attain puberty and thus are not aware of the trap they are falling into. Once in the trade, there is no escape until the brothel keeper has earned well enough through them. Here they are subjected to physical and mental torture if they refuse to abide by the wishes of the keeper. As most women have no formal education, they have no knowledge of how much they earn. When they are allowed to leave the set-up, they are most probably a victim of life threatening diseases like AIDS, without any place to go to. Thus in all probability, they will continue in the area and start soliciting and earning. Once trapped in the trade, women get pulled into a vicious circle from which escape is difficult. They get succor through the contacts with various organisations working in the area. They form the bridge for them to develop linkage with the outside world, which also form the support system to the women, should they choose to move out of the trade. Many organisations work in Kamatipura, dealing with various aspects like rescue of minors, dealing with health awareness and treatment with special focus on AIDS and other sexually transmitted diseases, providing counselling services, de-addiction programmes, skill development and training etc. Some organisations help in taking care of the children of the CSEWs by providing full-time care, protection and education through the day/night care shelters or residential homes away from the red light area. Government organisations like MDACS (Maharashtra District AIDS Control Society) has played a very prominent role in generating awareness on HIV/AIDS through the assistance provided in providing free literature and organising various street campaigns. There are many organisations working in Kamatipura. To name a few: Navjeevan Centre an undertaking Marthoma Church, CCDT, Prerna, Oasis India, Jyothi kailash, SAI, Bombay Teen Challenge, Stop Sex Slavery, Salvation Army, Apne Aap etc. Each organisation has independent specific goals which could be health, education or overall rehabilitation of the CSEW and/ or their children. Normally, female prostitutes are categorised as common prostitutes, singers and dancers, call girls, religious prostitutes (or devadasi), and caged brothel prostitutes. There are no such organisations which work on prostitution in India. but there are several NGO which feed on fund for protecting STI/STD's spread to common population NACO (National AIDS control organisation) a govt. agency lead these NGO's 
Prostitution is widespread in India, although it is currently a contentious issue.  In 2007, the Ministry of Women and Child Development reported the presence of over 3 million female sex workers in India, with 35.47 percent of them entering the trade before the age of 18 years.  Human Rights Watch puts the figure of sex workers in India at around 20 million, with Mumbai alone being home to 200,000 sex workers, the largest sex industry centre in Asia.  The number of prostitutes rose by 50% between 1997 and 2004. 
Areas of work
Districts bordering Maharashtra and Karnataka, known as the ‘devadasi belt’, have trafficking structures operating at various levels.  Brothels are illegal de jure but in practice are restricted in location to certain areas of any given town. Though the profession does not have official sanction, little effort is made to eradicate or impede it.
The largest and best-known red-light districts are Sonagachi in Kolkata, Kamathipura in Mumbai, G. B. Road in New Delhi, Kashmiri Market in Agra, Ward No.14, Silchar [Assam] and Budhwar Peth in Pune host thousands of sex workers. In recent years red-light centres across various parts of India are common place for international sex tourism. Earlier, there were other centres such as Maduahdiah in Varanasi, Naqqasa Bazaar in Saharanpur, Chaturbhuj Sthan in Muzaffarpur, Peddapuram and Gudivada in Andhra Pradesh. Meerganj Allahabad Ganga Jamuna Nagpur. kabadi bazar of Meerut.
Much new knowledge on sex work in India came from the first major survey, in April 2011.  This was performed by the Centre for Advocacy on Stigma and Marginalisation (CASAM), which is part of SANGRAM,  a major NGO that deals with sex workers.
According to a Human Rights Watch report, Indian anti-trafficking laws are designed to combat commercialised vice.  The primary law dealing with the status of sex workers is the 1956 law referred to as The Immoral Traffic (Suppression) Act (SITA). According to this law, prostitutes can practise their trade privately but cannot legally solicit or 'seduce' customers in public. A BBC article, however, mentions that prostitution is illegal in India; the Indian law does not refer to the practice of selling one's own sexual service as "prostitution". Clients can be punished for sexual activity in proximity to a public place. Organised prostitution (brothels, prostitution rings, pimping, etc.) is illegal. As long as it is done individually and voluntarily, a woman (male prostitution is not recognised in any law in India) can use her body's attributes in exchange for material benefit. In particular, the law forbids a sex worker to carry on her profession within 200 yards of a public place. Unlike as is the case with other professions, sex workers are not protected under normal labour laws, but they possess the right to rescue and rehabilitation if they desire and possess all the rights of other citizens.
In practice SITA is not commonly used. The Indian Penal Code (IPC) which predates the SITA is often used to charge sex workers with vague crimes such as "public indecency" or being a "public nuisance" without explicitly defining what these consist of. Recently the old law has been amended as The Immoral Traffic (Prevention) Act or PITA. Attempts to amend this to criminalise clients  have been opposed by the Health Ministry, and has encountered considerable opposition. In an interesting and positive development in the improvement of the lives of female sex workers in Calcutta, a state-owned insurance company has provided life insurance to 250 individuals.
Immoral Traffic (Prevention) Act - PITA
The Immoral Traffic (Prevention) Act or PITA is a 1986 amendment of legislation passed in 1956 as a result of the signing by India of the United Nations' declaration in 1950 in New York on the suppression of trafficking. The act, then called the All India Suppression of Immoral Traffic Act (SITA), was amended to the current law. The laws were intended as a means of limiting and eventually abolishing prostitution in India by gradually criminalising various aspects of sex work. The main points of the PITA are as follows:
- Sex Workers: A prostitute who seduces or solicits shall be prosecuted. Similarly, call girls can not publish phone numbers to the public. (imprisonment up to 6 months with fine, point 8)
Sex worker also punished for prostitution near any public place or notified area. (Imprisonment of up to 3 months with fine, point 7)
- Clients: A client is guilty of consorting with prostitutes and can be charged if he engages in sex acts with a sex worker within 200 yards of a public place or "notified area". (Imprisonment of up to 3 months, point 7) The client may also be punished if the sex worker is below 18 years of age. (From 7 to 10 years of imprisonment, whether with a child or a minor, point 7)
- Pimps and Babus: Babus or pimps or live-in lovers who live off a prostitute's earnings are guilty of a crime. Any adult male living with a prostitute is assumed to be guilty unless he can prove otherwise. (Imprisonment of up to 2 years with fine, point 4)
- Brothel: Landlords and brothel-keepers can be prosecuted, maintaining a brothel is illegal. (From 1 to 3 years imprisonment with fine for first offence, point 3) Detaining someone at a brothel for the purpose of sexual exploitation can lead to prosecution. (Imprisonment of more than 7 years, point 6)
- Procuring and trafficking: A person procures or attempts to procure anybody is liable to be punished. Also a person who moves a person from one place to another, (human trafficking), can be prosecuted similarly. (From 3 to 7 years imprisonment with fine, point 5)
- Rescued Women: The government is legally obligated to provide rescue and rehabilitation in a "protective home" for any sex worker requesting assistance. (Point 21)
Public place in context of this law includes places of public religious worship, educational institutions, hostels, hospitals etc. A "notified area" is a place which is declared to be "prostitution-free" by the state government under the PITA. Brothel in context of this law, is a place which has two or more sex workers (2a). Prostitution itself is not an offence under this law, but soliciting, brothels, madams and pimps are illegal.
Political and legal debates
Clauses in the ITPA relating to living of the earnings are being challenged in court, together with criminalisation of brothels, prostitution around a notified public place, soliciting and the power given to a magistrate to evict sex-workers from their home and forbidding their re-entry. other groups are lobbying parliament for amendments.  The apex court accepted to examine the plea of the Central Government that sex workers should not be allowed to operate under the cover of working "with dignity". The Government counsel contended that any such endorsement by the court would be ultra vires of ITPA which totally bans prostitution.
Reasons for entry
Most of the research done by Sanlaap indicates that the majority of sex workers in India work as prostitutes due to lacking resources to support themselves or their children. Most do not choose this profession out of preference, but out of necessity, often after the breakup of a marriage or after being disowned and thrown out of their homes by their families. The children of sex workers are much more likely to get involved in this kind of work as well. A survey completed in 1988 by the All Bengal Women's Union interviewed a random sample of 160 sex workers in Calcutta and, of those, 23 claimed that they had come of their own accord, whereas the remaining 137 women claimed to have been introduced into the sex trade by agents of various sorts. The breakdown was as follows:
- Neighbour in connivance with parents: 7
- Neighbours as pimps (guardians not knowing): 19
- Aged sex workers from same village or locality: 31
- Unknown person/accidental meeting with pimp: 32
- Mother/sister/near relative in the profession: 18
- Lover giving false hope of marriage or job and selling to brothel: 14
- Close acquaintance giving false hope of marriage or job: 11
- "Husband" (not legally married): 3
- Husband (legally married): 1
- Young college student selling to brothel and visiting free of cost: 1
The breakdown of the agents by sex were as follows: 76% of the agents were female and 24% were males. Over 80% of the agents bring young women into the profession were known people and not traffickers: neighbors, relatives, etc.
Also prevalent in parts of Bengal is the Chukri System, whereby a female is coerced into prostitution to pay off debts, as a form of bonded labour. In this system, the prostitute generally works without pay for one year or longer to repay a supposed debt to the brothel owner for food, clothes, make-up and living expenses. In India, the Government's "central sponsored scheme" provides financial or in-kind grants to released bonded labourers and their family members, the report noted, adding over 2,850,000 people have benefited to date. Almost 5,000 prosecutions have been recorded so far under the Bonded Labour System (Abolition) Act of 1976.
Some women and girls are by tradition born into prostitution to support the family. The Bachara, for example, follow this tradition with eldest daughters often expected to be prostitutes.
Over 40% of 484 prostituted girls rescued during major raids of brothels in Mumbai in 1996 were from Nepal. In India as many as 200,000 Nepalese girls, many under the age of 14, have been sold into sexual slavery. Nepalese women and girls, especially virgins, are favoured in India.
At the other end of the spectrum operate high-class escort girls recruited from women's colleges and the vast cadres of India's fashion and film industries. They can command large sums of money. These services usually operate by way of introduction. However a recent trend has seen the emergence of several snazzy websites, openly advertising their services.
Male sex workers
Male prostitution is increasingly visible in India. Gigolo service in India is growing. But there are cases of harassment of client women by gigolos. In Delhi there are as many as twenty "agencies" offering "handsome masseurs" in the classifieds of the newspapers (Hindustan Times). They offer both in and out services, although the facilities are usually very basic. Most western clients are visited at their hotels. Local middle-class Indians are also now using these services. Fees are discussed over the phone, typically INR 1,000 to 3,000 Safe sex and condom use is generally well understood. They are also found in Delhi's emerging gay night life scene, with several "one nighters" at various middle-class night clubs in the city.
In India, male homosexual acts are now legal but male prostitution is all but invisible and not much is currently known about the status of male sex workers. Due to the social stigma attached to homosexuality in India and the lack of legal protection, they tend to face higher risks than females. They are often faced with violence from the police, clients, and are often subjected to extortion from the police in order to carry on with their work. A large percentage of male sex workers are eunuchs or hijrahs. Most know of sexually transmitted diseases through experience, but there are few preventative measures, such as condoms, that are made available to them. Due to their legal status, no regimen of testing for HIV/AIDS or other diseases are made available.
Sex worker health
Mumbai and Kolkata (Calcutta) have the country's largest brothel based sex industry, with over 100,000 sex workers in Mumbai. It is estimated that HIV among prostitutes have been largely fallen, in last decade.
A positive outcome of a prevention programme among prostitutes can be found in Sonagachi, a red-light district in Kolkata. The education programme targeted about 5,000 female prostitutes. A team of two peer workers carried out outreach activities including education, condom promotion and follow-up of STI cases. When the project was launched in 1992, 27% of sex workers reported condom use. By 1995 this had risen to 82%, and in 2001 it was 86%.
Reaching women who are working in brothels has proven to be quite difficult due to the sheltered and secluded nature of the work, where pimps, Mashis, and brothel-keepers often control access to the women and prevent their access to education, resulting in a low to modest literacy rate for many sex workers.
Not only HIV, but other infection diseases have been decreased, examined data from 868 prevention projects — serving about 500,000 female sex workers — implemented between 1995 and 2008. Research found that reaching sex workers through prevention programs decreased HIV and syphilis infection rates among young pregnant women tested routinely at government' prenatal health clinics.
NGOs in Mumbai Area
A lot of literature is available about the various socio- economic political aspects of prostitution. However very little information is available on the various government and non-governmental effort made to help this section of the population in leading a dignified life.
An in-depth study of the red light area and the pattern of functioning reflect the dehumanising situation that the commercially sexually exploited women (CSEW) face every day. They are pushed into the trade at a young age, at times even before they attain puberty and thus are not aware of the trap they are falling into. Once in the trade, there is no escape till the brothel keeper has earned well enough through her. Here she is subjected to physical and mental torture if she refuses to abide by the wishes of the keeper. As most women have no formal education, they have no knowledge of how much they earn. When she is allowed to leave the set-up, she is most probably a victim of life threatening diseases like HIV/ AIDS/ and STDs, without any place to go to. Thus in all probability, she will continue in the area and start soliciting and earn for her partner. Once trapped in the trade, women get pulled into a vicious circle from which escape is difficult. She gets succor through the contacts with various organisations working in the area. They form the bridge for her to develop linkage with the outside world, which also form the support system to the women, should she choose to move out of the trade.
Many organisations work in Kamatipura, known as the largest red light area of Mumbai, dealing with various aspects like rescue of minors, dealing with health awareness and treatment with special focus on HIV/ AIDS and other STD related diseases, providing counselling services, de-addiction programmes, skill development and training etc. Some organisations help in taking care of the children of the CSEW’s by providing full-time care/ protection and education through the day/night care shelters or residential homes away from the red light area.
Government organisations like MDACS(Mumbai Districts AIDS Control Society) has played a very prominent role in generating awareness on HIV/AIDS through the assistance provided in providing free literature and organising various street campaigns.
There are many organisations working in Kamatipura. To name a few: Navjeevan Centre an undertaking by Marthoma Church, CCDT, Prerna, Oasis India, Jyoti Kalash, SAI, Bombay Teen Challenge, Stop Sex Slavery, Salvation Army, Apne Aap, A Man Foundation, etc. Each organisation has independent specific goals which could be health, education or overall rehabilitation of the CSEW and/ or their children.
Prostitution, has been a theme in Indian literature and arts for centuries, Mrichakatika a ten-act Sanskrit play, was written by Śhudraka in the 2nd century BC. It entails the story of a courtesan Vasantsena. It was made into Utsav, a 1984 Hindi film. Amrapali (Ambapali) the nagarvadhu of the Kingdom of Vaishali famously became a Buddhist monk later in the life, a story retold in a Hindi film, Amprapali (1966).
Tawaif, or the courtesan in the Mughal era, has been a theme of a number of films including Pakeezah (1972), Umrao Jaan (1981), Tawaif (film) (1985), and Umrao Jaan (2006 film). Other movies depicting lives of prostitutes and dancing girls are Sharaabi, Amar Prem (1972),Mausam (1975) Mandi (1983), Devdas (2002), Chandni Bar (2001), Chameli (2003), Laaga Chunari Mein Daag (2007), and Dev D (2009)
Child prostitution is also an issue in the 2008 film Slumdog Millionaire. Chaarfutiya Chhokare a Hindi upcoming film directed by Manish Harishankar has also dealt with the problem of child prostitution in India very strongly.
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