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Law says sex workers are victims, not criminals
Even as protests galore against moral policing on one side and sex workers being targeted by law enforcing agencies on the other side, the fact remains that sex workers are not culprits in the eyes of law.
Under PITA, only pimps and organisers are culprits
Hyderabad: Even as protests galore against moral policing on one side and sex workers being targeted by law enforcing agencies on the other side, the fact remains that sex workers are not culprits in the eyes of law. Yes, according to Prevention of Immoral Trafficking Act (PITA) only pimps, facilitators and organisers are offenders, not sex workers nor customers. As per the Act, sex workers are not treated as accused or criminals but as ‘victims’ who opt for the profession under coercion and not out of choice. Prostitution itself is not illegal, but brothels, pimping and soliciting are illegal.
According to the Act, sex workers can practice their profession clandestinely but cannot legally solicit or seduce customers in public. The major categories of offence are trafficking of women and children and a third party living off the earnings of a sex worker.
“Only organisers are treated as culprits. Even if they are males or females, they are arrested under various sections of the PITA. Sex workers are treated as victims and are being sent to rescue homes. The government is obligated to provide rescue for any sex worker requesting assistance,” Additional DCP (Task Force), N Koti Reddy said.
However, experts argue that there should be difference between consensual sex and immoral trafficking. They also argue that the government's way of dealing about this is skewed.
Talking about the common reason sex workers use to justify their job is poverty linked. Except that, this is a lame and pathetic excuse, for poverty never meant living shameless, stripped from one's dignity, those who oppose the practice argue.
“Under PITA, prostituting oneself is not illegal. A sex worker can only be arrested under Section 3 (if a person keeps a brothel or allows premises to be used as brothel), Section 4 (if a person lives on the earnings on prostitution), Section 5 (if a person induces or take women for the sake of prostitution), Section 7 (if prostitution is in or on the vicinity of public places) and Section 8 (if seducing or soliciting for purpose of prostitution),” a city-based advocate said.
Women are being sent to correctional homes only to be given a clean chit later, he added.
