Swathi Mahila Sangha (SMS) is a group that has been working since 2003 to help women who work in the sex industry. In the first part of this series, we learned about how SMS provides essential services like healthcare, financial help, and social support to marginalized women.
Now, let's look at the legal issues these women face and what SMS plans to do in the future to make their lives better.
Even though India has made progress in many areas, women in sex work still face unique challenges. They are considered one of the most discriminated and vulnerable groups in the country. They struggle to have their rights recognized, deal with stigma, discrimination, and abuse, and have few platforms to share their problems. They face multiple forms of marginalization, and their lack of access to social rights, education, jobs, and social support makes their situation worse.
The laws regarding sex work in India, governed by the Immoral Traffic (Prevention) Act of 1956, consider sex work immoral. This legal label adds to the bias against sex workers. Since their work is seen as criminal, these women are at a high risk of violence, including physical and sexual abuse. They often can't report these incidents because they fear getting arrested.
The laws around sex work in India are not clear. While the Immoral Traffic (Prevention) Act criminalizes solicitation and running brothels, it doesn't explicitly make sex work itself illegal. This confusion in the law enforcement system makes sex workers vulnerable to harassment and abuse. They are often arrested and mistreated, creating a cycle of exploitation within the criminal justice system. Their voices are usually ignored when policies are made.
There's a need for policies that include sex workers in decision-making and address their unique problems. We also lack enough data about the sex work industry in India, so policies should support collecting more information to understand and solve the challenges faced by sex workers.
In May 2022, the Supreme Court of India made a landmark decision recognizing prostitution as a profession. The court stated that sex workers deserve dignity and equal protection under the law. It also said the police should not interfere or take criminal action when adults engage in consensual sex work.
Looking ahead, SMS plans to continue its work using a community-focused and technology-driven approach. They want to improve the lives of women in sex work and their communities in areas like social protection, healthcare, financial security, and community building. For example, the Swathi Jyoti program offers health services, financial literacy programs, and support against gender-based violence. SMS is guided by Taaras, a coalition of women in sex work and their community organizations, providing a platform for their voices and actions.