Creating Space for legal change An exploratory journey of DMSC

1. Creating Space for legal change An exploratory journey of DMSC Dr. Smarajit Jana Principal Sonagachi Research & Training Institute, Kolkata, India www.durbar.org

2. Sex Work & Human Rights The Fact is … (Every hour one or more sex worker is subjected to verbal or physical abuse somewhere in India) • However society at large and policy makers in particular are reluctant to respect basic human Rights including social entitlement of sex- worker; • Violation of Human Rights remained a ‘non issue’ even among the progressive and liberal – when the victim is a sex worker; • Even juridical redresser mechanism hardly reach out to sex worker • Human rights organization in general has shown very little interest in sex workers rights related issues.

3. Sex Work & Human Rights The Fact is…(policies and practices in India) Law regulating sex work [ITPA] de facto criminalizes sex work and work environment thereby leaving little room for sex worker to protect their rights & social entitlement. Having a criminalized status means rights are compromised. Police and administration uses all possible abusive practices (both as a protector of law and guardian of moral code) against sex worker- and in most circumstances practices are not necessarily follow the code of law.

4. Sex Work & Human Rights Society at large finds its ‘moral justification’ in harassing, beating or even killing a sex worker as the common perception is that they are involved in ‘immoral act’ by selling sex services – for which they need to be penalised.

5. Sex Work, Human Rights & HIV • Sex workers’ Rights is centering around two interlinked human rights issues. • Basic Human rights related to any individual including Sex Workers i.e. Human Rights of Sex Workers. (Indian official response is primarily limited to these rights) • Right to choose an Occupation as a Livelihood Option by any adult individual i.e. Rights to Self Determination.

6. The discourse always exclude participation of the community… It is DMSC ,the largest sex workers collective representing voices of 60000 sex workers challenged the ‘unquestionable authority’ of the third party in deciding their fate…as early as 1997..when they hold the first National conference in Kolkata, India

7. The Sex Work collective raised the issue who is to decide and on whose behalf? Do women in sex work have the right to decide? What is the role of a third party in dictating terms &condition of consensual sex between two adults? Whether transaction of sex – should be free from money or any other incentives?

8. The genesis of DMSC.. As a fall out effect of a rights based HIV intervention program initiated in a large red light district called Sonagachi, in city Kolkata, India in 1992…the sex workers collective in the name of DMSC came into existence by 1995..

9. Sonagachi became a global model for HIV intervention The program not only succeeded in reducing transmission of HIV and its sustainable impact both in the community as well as in the general population … but also has shown how to make it possible and what sort of approaches are crucial to make a program successful…

10. Favourable Impact: Sonagachi experience Effective community led intervention addressing structural barriers like politico –legal issues in Kolkata by DMSC has shown significant contribution in bringing down the ANC prevalence and STD prevalence in the area.

11. Avoidable but negative impact: Mysore Experience • Police Raid • Down grades the rank of police officers in connection to raids • Reduces the peer contact drastically ( example from AshodayaSamithi , Mysore ) Peer contact reduced with enforcement action against sex workers Source: Ashodaya Samithi, Mysore

12. Increase of HIV in the general population : Example from Surat • In 2003 in Surat, Gujarat, the Police evicted 600 sex workers from the ChaklaBazar brothel area which had been in existence for nearly 500 years • Health functionaries recorded a fall in condom usage and a rise in the incidence of STIs and HIV among sex workers since the time of police raids. • The programme, which had hitherto shown encouraging results, came to an abrupt end

13. lessons learnt based on Sonagachi experience In addition to service provision there is a need to create an enabling environment for smooth functioning of program community mobilization and ownership building is the crucial element of success.. These principles are now articulated in Indian National program subsequently been incorporated in Bill and Melinda Gates foundation’s program, UNAIDS, etc

14. National HIV Program included Enabling Environment &community ownership • Actively support creation of ‘spaces’ for the marginal communities so that they could actively participate in articulating their views/and aspirations - within the program. • Ministry of Health has taken partial role [though sporadically] in addressing macro-level structural issues e.g. Laws and Policies related to sex-worker and MSM what affect outcome of intervention program

15. DMSC strategized their engagement with different Ministries to broaden the space • National Level advocacy with the Ministry of health and WCD to influence the existing Law ITPA and its proposed Amendment during 2006-2009 which was successfully thwarted. • Sustained engagement with the judiciary in addressing eviction of brothel, police raid and harassment, victimization of their children etc

16. Changing mindset.. To change the Law. DMSC started recognizing the fact that there is a need to.. Challenge the ‘traditional image’ of sex workers created over the ages, Create and to claim political space to exert the human agency of sex workers. Repositioning the role of sex workers’ collective in the society

17. DMSC’s journey towards dignity • Regaining self esteem through articulation of labor rights • Playing as a sensible and responsible citizen of the country • DMSC started reinventing their role model as a social reformer and change maker in the society

18. Reinforcing collective bargaining power • DMSC took proactive role in collectivizing sex workers in other states in India • Helped to built the National network of sex workers[NNSW] • Took proactive role in Asia-pacific network of sex workers

19. Influencing the ‘social policy makers’ • Arranging regular interactions with academia [seminar, workshops in schools, Universities] • Meeting with intellectuals eg writers, painters, film directors etc and in drawing their support Interacting with other members of civil society • Media advocacy

20. Advocacy with lawmakers • Meeting with Ministers and Parliamentarians • Pre poll campaign targeting aspirant candidates • Inviting them to attend programs • Arranging field visit for them

21. Reaching to general people • DMSC has developed a mass communication strategy through organizing open ground festivals called Mela, where people from all walks of life meet with the sex workers and exchange their views and enjoy cultural program, • DMSC so far organized six such program with varying duration [4to 7 days] which are attended by 50000 people on an average

22. Supporting social causes • DMSC lend their support to affected communities in case of natural calamities [Flood, Cyclone, Drought etc] • Provide basic services including skill development for indigenous people [Education, Health]from their own resources. • Arrange Health camp, soccer camp for the children of the urban poor

23. Expressing social concern • DMSC held numbers of procession and street demonstration on issues of national and global interest eg9/11, invasion of Iraq,Talibanism, communal violence in Gujrat, child marriage, dowry, Eve teasing • DMSC also has raised their voice to protect the rights of expression of artists, fight against the framing of cases against social activists

24. Social &Political activism • To highlight sex workers demand DMSC organize midnight candle light procession every year on the eve of May day, • Celebrate women’s day • Organized parliament March during 2006 to stall the Bill to criminalize clients • Held several sit in demonstration to stop eviction of brothel

25. Mainstreaming sex workers’ rights agenda • DMSC’s strategy to mainstream their issues with other labors.. • DMSC is one of the convener of the state level consortium of unorganized labor • Sex-workers union has become the member of the National trade union NTUI • DMSC is a member of the National campaign committee representing 450 million unorganized work force in India

26. Creating ‘bodies of control’ in partnership… • DMSC succeeded in creating and institutionalizing political space through constituting self regulatory Board … • To address sex trade related violence including trafficking • To establish sex workers rights and ability to keep control over her life and occupation following a public-private partnership model

27. Impact of SRBs

28. DMSC formulated Sex Workers demands.. • Repeal of ITPA. • Inclusion of Sex Work in the list of occupation. • Introduction of Self Regulatory Board to prevent Violence / Trafficking in the Sex Trade.

29. Strategizing legal intervention All these effort culminated into legal intervention.. In 2010 DMSC filed cases against couple of clauses of ITPA In tandem carrying out advocacy with policy makers and Mass media Has strengthen pre poll campaign now going on in the State of West Bengal

30. Global pressure to change National Policy in India In the recent past the issue of trafficking has given a new spin ….. There is a conscious effort to equate sex work with trafficking …… (what essentially triggered from the view point of ‘moral cleansing' by a section of policy makers and donors They try to project women in sex work from a stand point of “fallen women” who do not have any agency.

31. The Important Clauses of ITPA and its implication

32. MILES TO GO… Under these circumstances , strong and sustained responses evoked all across the country and Policy makers started feeling the heat

33. THANK YOU