Indian law has failed to protect the rights of people providing sexual services. Not only does it take a moralistic approach, but it is also ambiguous, leaving sex workers vulnerable to abuse by people in power and petty criminals. The main law dealing with people in sex work is the Immoral Trafficking (Prevention) Act (ITPA) of 1986 which seeks to prevent trafficking of persons in India and prohibits most outward manifestations of sex work, including brothel operating and public solicitation. It also allows for eviction of sex workers from their residences in the name of “public interest.” While the stated purpose of the ITPA is to protect sex workers, it is often used against them. The act does not specifically prohibit prostitution, but officials have continuously used it to harass sex workers. The prohibition against “public solicitation” is particularly ambiguous. Shabana, a sex worker in Karnataka who works with the sex workers’ collective VAMP, reports, `At night, the police would come and say, “Shabana, there is a case against you. Come to court with us. They would accuse us of things that we had never done. “You were standing on the road, your breasts were not covered with your pallu, you were flirting with men on the streets. That’s why there is a case against you.” As long as the law gives ultimate authority to prejudiced and corrupt authorities, stories such as this one are inevitable.

The strategy of “rescue and restore” missions used by international anti-trafficking groups and Indian law enforcement officials, seek to “rescue” trafficked and underage sex workers. The provisions dealing with raid and rescue make no distinction between adults and minors, and bypass the notion of consent. Consent of an adult is the crucial factor in offences like abduction or illegal confinement which determines whether an act is to be dubbed criminal. The methodology of “raid and rescue” appears to have been ineffective besides being violative from a rights perspective. The girls/women “rescued” feel they have been “arrested” and kept in confinement. These are issues requiring urgent attention of the lawmakers but have been left untouched in the Immoral Trafficking (Prevention) Amendment Bill.

Stigmatization is experienced as the major factor that prevents women in sex work from accessing their rights. Due to this discrimination, women in sex work have been denied safety, proper healthcare, education and, most importantly, the right to practice sex work, which denies them the right to livelihood.

People in sex work are not only at a higher risk of violence, but they are also less likely to get protection from the police—often themselves the perpetrators of violence. Because society deems women in sex work to be morally corrupt, they are assumed guilty in any altercation, and thus “deserving” of any violence committed against them. However prominent, violence is not intrinsic to sex work; it is the result of discrimination and the vulnerability of the women involved. Evidence shows that in areas where women have formed collectives and demanded their rights and power, the violence has been considerably less. 

Lack of education is a major inhibitor among both sex workers and their children. Studies have shown that women in sex work have considerably lower levels of education than surrounding populations. The stigma against a woman in sex work is not limited to the woman herself; it carries down to her children, regardless of their own professions or lifestyles. Children of sex workers repeatedly report discrimination, ostracization and isolation on account of their mothers’ work. This has had significant effect on their education, as the drop-out rate in this community is particularly high. Children abandon school for reasons ranging from failed test scores to harassment by teachers and classmates. This harassment is incredibly debilitating for school-aged children. Many have reported that teachers take them aside and inquire about their mothers’ “rate.” Undoubtedly this harassment leads to lower self-esteem and a lack of motivation in school. 

Stigma and marginalization have a profoundly adverse effect on sex workers’ health. Illiteracy, ignorance and fear of the medical establishment make it difficult for women to access healthcare. The “whore stigma” often prevents women from getting good medical treatment. Because women have experienced so much discrimination in hospitals, they are unlikely to seek either preventative or curative care, resulting in lower levels of health. It is also well documented that in women in sex work are often given HIV tests without their consent, and then not given post-test counselling. Women are at a higher risk for health problems, with a lesser chance of accessing good healthcare.

The discourse on HIV/AIDS, particularly between 1992 and 2004, served to further stigmatize sex workers by labelling them as “vectors” and “carriers” of the disease. Disregarding the complex web of political, economic and social factors affecting heterosexual transmission of the virus, public health officials have singled out women in sex work as core transmitters. The approach is familiar: sex workers have always been considered outcastes infecting the larger community, before with their compromised morals, and now with HIV. As a result, this “high-risk group” has an even more difficult time obtaining proper healthcare. It is little recognized that sex workers can be powerful actors in preventing the spread of HIV. Programs in Thailand and India have shown that women in sex work are the best educators of their male clients. Unfortunately, as public health officials have begun to recognize the sex worker for her role in prevention, they have failed to include sex workers in meetings, conferences and program planning.