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sex workers

By Lauren Prem

“The first revolution is when you change your mind” – Gil Scott-Heron

Festivals and traditions bring people together, be it for sharing joy or age-old miseries! The yearly routine of sculpting Durga goddess’s idol for Dussehra, has taken a revolutionary turn this year as sex workers in Sonagachi refuse to give brothel soil for sculpting the Durga goddess, as a form of protest demanding safety and justice for women in the society. The Hindu tradition involves fulfillment of certain sacred requirements when it comes to collecting soil for sculpting the Durga idol. One of the requirements, that has turned extremely controversial, is the use of brothel soil for sculpting.

People from different sections of the society joined the RG Kar Protest, including sex workers from Sonagachi. They gave a radical touch to this protest by stating that they would not give soil for Durga till justice is served. The tradition of soil collection also entails that no one must demand soil from sex workers. Rather, it must be requested. Therefore, the eve of Durga depicts an ironic, sad situation where sex workers, who are otherwise excluded from the society, are requested for soil.

The particular demand of Sonagachi sex workers is not merely justice to the victim of the RG Kar rape and murder case. More so, this case is being used by the sex workers to highlight the pathetic situation of women across the country in general and sex workers in particular. By ‘till justice is served’, they mean to emphasize the cruelty inflicted upon women in our country. While putting forth their demands, they precisely stress upon the fact that sex workers’ families and children do not have the sense of security that other families generally do.

The RG Kar rape and murder case is not the main reason for the refusal of brothel soil. A sex worker clarified that the important reason for this refusal is due to the lack of acceptance regarding the profession of sex work itself. Further, they also underscore the safety of women to be at stake in every place, not just brothels and how reporting of such cases are very less compared to the actual incidents that take place.

Numerous beliefs are attached to the use of brothel soil for Dussehra. According to Vedic studies, nine women are worshipped for Durga Puja. A nati (dancer/actress), a vaishya (prostitute), rajaki (laundry girl), a brahmani (Brahmin girl), a shudra, a gopala (milkmaid) form these nine categories, also known as ‘Navakańyās.’ The use of brothel soil is considered to be a form of worship or respect to one of these nine categories of women – the Vaishyas.

This Vedic interpretation that bases the tradition on worship and respect flies in the face of reality. Symbolic traditions of reverence hold no value when someone’s reality is filled with struggles. The NHRC survey on rehabilitation, poverty eradication and employment generation revealed the true condition of sex workers in the districts of Kolkata. The report suggested, an obvious fact that majority of the sex workers lived in poverty. The shocking fact is that around 80% of the workers professed sex work unwillingly.

Another prominent belief underlying this tradition is the brothel soil being a place where people shed their virtuous attributes and enter the world of carnal desire and sin. This is a long-ingrained stereotype that has totally led to ostracization of sex workers. The stereotype is premised on the belief that sex work itself is an undignified job and therefore, they do not deserve to lead a life with dignity.

The plight of sex workers, recorded in the NHRC survey mentioned above, reveals an absence of dignity that all of us, common people, assert to be a matter of basic right. The constitution that upholds right to dignity under article 21 – right to life, has practically failed. The provision which begins with the term ‘no person’ implies a sense of dignity for all, and not to a few persons. Yet, discrimination based on stereotypes are the reality of life, a curse that law has failed to cure.

Festivals generally symbolise happiness, love and unity among people. On the flip side, they reflect a dark reality – one where people are celebrated without being accorded the most basic human rights. As Gil Scott-Heron states, The first revolution is when you change your mind.” Sex workers have changed their mind about hypocritic traditional symbols that portray love and reverence only during the time of festivals and not otherwise. The society must not have the benefit of portraying itself as unified and loving when it is not.

Durga Puja – a festival celebrating women, ironically excludes certain women from leading a dignified life like others. A thousand judgements upholding sex workers’ rights would prove to be unfruitful if we as a society recognize do not them as equals with dignity. Laws and verdicts would be useless if the reality presents an entirely different scene. While law certainly is the first step, societal changes that shape mindsets, subsequently make the society a comfortable place for everyone to live!

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By Srishti Sarraf

The Indian sex workers case is making the top headline these days. The recent order dated 19-05-2022 given in the case of Budhadev Karmaskar v. State of West Bengal And Ors., popular as the sex workers case the Hon’ble Apex Court has categorically recognized that the basic protection of human decency and dignity under Article 21 of the Constitution of India extends to sex workers and their children, who, bearing the brunt of social stigma attached to their work, are removed to the fringes of the society, deprived of their right to live with dignity and opportunities to provide the same to their children. Reliance has been placed on the earlier landmark judgments of the Court to emphasize & expound on the scope of the right to life under Article 21. Notably, this is not the first time when the Indian judiciary has held the dignity of the community of sex workers in its ruling. Two years back the Bombay High Court has held that “there is no provision under the law which makes prostitution per se a criminal offence or punishes a person because he indulges in prostitution.” A few years back the Delhi High Court also ruled that “simply because the victim worked as a sex worker before the incident in question doesn’t confer any right upon anyone to violate her dignity.”In a significant ruling, the Gujarat High Court has also observed that “Section 370 of the Indian Penal Code will have no application in a case wherein sex workers are engaged in prostitution of their own volition and not according to any inducement, force or coercion.” But the factor that is making the recent Budhadev Karmaskar v. State of West Bengal and Ors. Case super buzzing is the fact that this time the Court has issued significant binding guidelines to ensure that the community is being treated with dignity and not being abused. Further, to understand the depth of the case it is important to know about the history of the case along with some categorical development that has taken place in this case which is summarized right beneath.

BACKGROUND

This case was originally filed as an appeal before the Hon’ble Apex Court against the conviction order given by the Calcutta High Court in a case of the brutal murder of a sex worker living in a red light area in Calcutta in 1999. The factual matrix of the case highlights that the accused battered the head of the deceased again and again in a hideous and barbaric manner leading to putting a period on her breath, thus the Court naturally decided against the accused and the accused chose to file the criminal appeal before the Apex Court. Considering the heinous nature of the alleged crime the Hon’ble Apex Court straightforward dismissed the appeal however it later converted the case into a Public Interest Litigation suo motu by its order dated 14th February 2011 to address the problems of sex workers in the country. In its earlier orders the Bench consisting of Hon’ble Mr Markandey Katju, and Hon’ble Ma’am Gyan Sudha Misra, JJ. equivocally stated that their aim was “to create awareness in the public that sex workers are not bad girls, but they are in this profession due to poverty”. The Bench observed that: “Sex workers are also human beings and no one has a right to assault or murder them. Sex workers are also human beings and no one has a right to assault or murder them. A person becomes a prostitute not because she enjoys it but because of poverty. Society must have sympathy towards the sex workers and must not look down upon them. They are also entitled to a life of dignity given Article 21 of the Constitution.’

REMARK ON PREVIOUS SIGNIFICANT ORDERS

The Apex Court has passed several orders issuing directions to the Central Government and the State Governments in this case. In its very initial order dated February 2014 the Apex Court directed the Central and the State Governments to prepare schemes for rehabilitation all over the country for prostitutes through Social Welfare Boards along with preparing schemes for giving technical/vocational training to them considering their right to live with dignity under Article 21 of the Constitution of India.

Subsequently, by another order, the Court constituted a panel headed by Mr Pradip Ghosh, Senior Advocate as the Chairman to discuss various aspects of the problems relating to sex workers and submit its report. It also directed the States/Union Territories and the Union of India to carry out surveys to ascertain the number of sex workers who want rehabilitation and who would voluntarily continue in the same profession. The Apex Court categorically stated that “it is important to educate the public to present the situation of sex workers in the country in the correct light, as it is ultimately the people of the country, particularly the young people, who by their idealism and patriotism can solve the massive problems of sex workers.

Thereafter the constituted panel identified three core areas for consideration including prevention of trafficking, rehabilitation of sex workers who wish to quit sex work and conditions conducive for sex workers to live with dignity under the provisions of Article 21 of the Constitution of India and submitted various reports time to time. The Panel subsequently gave many suggestions. The emphasise was given to the point that sex workers face great difficulty in getting ration cards, voter’s identity cards or opening bank accounts thus the authorities should see to it that sex workers do not face these difficulties as they are also citizens of India and have the same fundamental rights as others. The Court confirmed that the suggestions made by the Panel shall be seriously taken into consideration by the Central Government, the State Governments and other authorities and hence all efforts shall be made to implement these suggestions expeditiously. On 14.09.2016 a final report along with recommendations of the Committee was placed on record. Meanwhile, also by its various orders the Court emphasized the gravity of the matter and urged the Government to place the draft legislation before the Parliament at the earliest. In the wake of the Covid-19 outbreak that has caused severe disruption in normal life, it was realized that the class of sex workers fall under the list of vulnerable classes being adversely hit by the pandemic. Thus, the Court issued a direction for the supply of dry rescue so that the sex workers who are in dire straits can be rescued. Similarly, by order dated 10.01.2022, the Court had directed the State Governments/Union Territories to complete the process of issuance of ration cards/voter cards to all sex workers expeditiously.

PECULIARITY OF THE RECENT ORDER

By its very recent order, the Court has taken note of the periodical adjournments so taken by the Union of India in laying down a dedicated Bill. Thus, to fulfil the existing gap in the legal framework exercising its particular powers conferred under Article 142 of the Constitution of India the Court has passed six binding directions to be in force till the legislation finally comes up. Notably, the directions so issued relate only to the rehabilitation measures in respect of sex workers and other connected issues. These directions can be summed up as follows:

  1. Any sex worker who is a victim of sexual assault should be provided with all facilities available to a survivor of sexual assault, including immediate medical assistance and proper medico-legal care.
  2. The State Governments were directed to survey all ITPA Protective Homes so that cases of adult women, who are detained against their will, can be reviewed and processed for release in a time-bound manner.
  3. The police and other law enforcement agencies were directed to be sensitised towards the rights of sex workers and were directed to treat all sex workers with dignity and should not abuse them, both verbally and physically, subject them to violence or coerce them into any sexual activity.
  4. The Press Council of India was directed to issue appropriate guidelines to protect the identities of sex workers, during arrest, raid and rescue operations. Besides, the strict enforcement of newly introduced Section 354C, IPC which makes voyeurism a criminal offence, was directed to be extended against electronic media as well.
  5. Measures that sex workers employ for their health and safety such as the use of condoms, should neither be construed as offences nor seen as evidence of the commission of an offence.
  6. The Central Government and the State Governments, through National Legal Services Authority, State Legal Services Authority and District Legal Services Authority, are directed to carry out workshops for educating the sex workers about their rights vis-a-vis the legality of sex work, rights and obligations of the police and what is permitted/prohibited under the law. It was also directed that the sex workers can also be informed as to how they can get access to the judicial system to enforce their rights and prevent unnecessary harassment at the hands of traffickers or police.

Notably, it was directed to the State Governments/ UTs to act in strict compliance with the above recommendations made.

HAS THE APEX COURT RECOGNIZED SEX WORK AS A PROFESSION?

The Apex Court in its recent order has categorically held “that notwithstanding the profession, every individual in this country has a right to a dignified life under Article 21. The constitutional protection that is given to all individuals in this country shall be kept in mind by the authorities who have a duty under Immoral Traffic (Prevention) Act, 1956”. Now, the controversial question here is whether the use of the term “profession” here implies recognition of sex work as a profession. Notably, the term profession has been used time and again in the earlier order of the Apex Court as well. But this cannot be termed as recognition of sex work as a profession. In this regard, the Court has clarified in one of its orders stating that “this Court should not be perceived to advocate the recognition of sex trade or promote the cause of prostitution in any form and manner.” Reportedly, on this issue, Tripti Tandon, advocate for the Durbar Mahila Samanwaya Committee and Usha Cooperative, which are parties fighting for the rights of sex workers, stated that the order “does not recognise or have the effect of recognising sex work as a ‘profession’”. Here, it needs to be clarified that from one perspective recognition of prostitution as legitimate work reinforces women’s position as subordinate or sexual objects for men. Having said this, one also needs to be mindful of the fact that the judiciary of this Country in a plethora of judgements has affirmed the stand that voluntary sex is not illegal. Thus, no reason exists to regard prostitutes as criminals and maltreat them.

THE WAY AHEAD

Notably, the matter is yet pending before the Hon’ble Apex Court and is listed on 27.07.2022. The Court has strictly directed that the Union of India file its response to the recommendations made by the panel within six weeks. Let us hope that the Government come up with some positive response and the class of sex-worker get dedicated legislation for the protection of their life and dignity super soon. May the current discussion of the law eliminate the moral hypocrisy and class discrimination surrounding the class of sex workers.

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By Avani Bansal

Like many of you, I went to see Gangubai – a latest movie on the life of a sex-worker, directed by the legendary Sanjay Leela Bhansali with Alia Bhatt as the lead actress. I came out of the movie-hall stunned and couldn’t speak a word for two hours post it.

But did you know that in Madhya Pradesh, there is an entire community where women have been practicing sex work for ages? Women of the Bachhada community, which is listed as a Scheduled Tribe community in India, practice sex work, along the highways of Mandsaur-Ratlam-Neemuch, with truck drivers as their major clientele. There are about 23000 people belonging to the Bachhada community, living in over 75 villages in three districts of Mandsaur-Ratlam-Neemuch, a region also famous for the maximum opium production in India, with perhaps one of the highest gender-ratio with 65 percent women.

What do the lives of these women look like? What are the challenges they face? Do they practice sex work out of choice? I had several questions, as I decided to go and meet these women and hear their stories from them. But the foremost difficulty was in convincing these women that they can speak to me, and that I mean no harm. After speaking to several locals and staying in the nearby village for a day, I finally convinced a group of women to speak to us. Here’s what I found.

https://youtu.be/DJ5fCwkBoHo
  1. Most women are forced into Prostitution due to Poverty: Women of the Bachhada community seemingly have a choice – either get married or take on sex-work as a profession. Those who choose the former, live a married household life and are not allowed to entertain any clients for sex work. But those whose family conditions leave them with no choice, opt for sex-work and then have practically zero chances of getting married later. In exceptional cases, where a sex worker does find a love interest and if the partner is willing to marry, then there is some hope for their marriage, but that too is usually inter-caste, as men from the same community do not take women who have opted for sex work as their legally wedded wives.
https://youtu.be/JvYnug1cj_Q
  1. There is neither respect nor jobs for people of the community: There are several articles and videos on the internet that give an impression, that everyone in this community is happy about their women practicing sex work. The truth is far from it. Many women, and even young men, now strongly believe that they need an alternative means of livelihood. But the challenge is twofold – first, there are generally no new jobs available in the villages and the young people complain of complete lack of employment opportunities and secondly, for the very few jobs that do exist – the affixation of ‘bachhada’ as a surname practically means that no one gives jobs to the girls or boys of this community because of the disrepute of the community associated with sex-work. Most young men of the family, who hate to see their sisters take up sex-work are left with no choice but to take up manual labour at nearby farms belonging to others, or daily-wage work. Families usually have very less land, if any, in their name (some reported to have less than one bigha land) and usually it’s not sufficient for the entire family to survive.
  1. Women of the Bachhada community do not have fixed wages for their sex work :

This may sound almost intuitive but think about it. Every person has a right to minimum wages for the work they do. Even people working in the unorganized sector, such as those working as domestic help, have a right to be paid a minimum wage. But there is no law that covers sex-workers for minimum wages. Women from the community who practice sex-work told me that it all depends on the negotiation power of the girl in question and also the scope of what the client wants in terms of services and can pay in terms of money. Women offer sex work for as low as Rs. 300-400 per client and sometimes have to take multiple clients in one day, to be able to make enough money to survive. Young girls who are virgins can command upto Rs. 2000-2500 for the first time and older women usually get lower prices. Some women reported to take upto 10-12 clients in one day.

https://youtu.be/Pn7NbJHC0lM
  1. Most women practice sex-work along the highways but even women in interior villages do take on the clients :

When one drives through these villages – Dhodar, Parwaliya in MP along the Mandsaur-Ratlam-Neemuch highway, one comes across several homes right along the highway, with small ‘gumatiyas’ (sheds) where girls sit all day, as an indication of their availability for sex work. When a client approaches them, they will quickly talk about the terms of work and negotiate a price and then take them to a room inside their homes, which is kept for this work. If one drives through this highway in evening hours, it’s almost inescapable to notice a lot of young girls, some looking even under-age, dressed in a slightly offbeat manner for the environment (arguably ‘provocative’). A few locals informed me that the multi-colour lights of their homes at night is also an indication of their homes, but there was no way to test if all homes along that highway with colourful neon lights do indeed belong to sex workers.

While most of the women from Bachhada community, living along the highway do practice sex-work, even those from the community who live in interior villages, do attend to clients. When I asked, how do clients get to know about their villages and how do they find these girls, I was told that most of the information is available online about the villages and once the client reaches the village, he usually talks to a few people before he is finally led to a girl. He can tell the type of girl he wants, and someone in the village, usually helps make that connection.

https://youtu.be/Ujbr9nsaDCE
  1. Women do not take on drunk clients and do not usually go out with them. The Clients have to come to them where they are :

It’s hard to say if this is true for all women, but those I spoke to were categorical in stating that they do not go out with the clients and do not take on drunk clients. These are two ways in which they ensure that the clients do not behave violently with them or cheat them. But then I was also told that even if sometimes a client does get violent with the girl, she wouldn’t usually come out and talk openly about it. The girls do feel an assurance of their community living around them and can always raise an alarm, if the client tries to misbehave or do something untoward.

  1. Women usually always insist on protection (Condoms) but if they get pregnant, sometimes women choose to keep the child :

Most women are aware of the need for using protection and offer condoms to their clients. But they still run the risk of getting sexually transmitted diseases (STDs) since their clients are truck drivers who are engaging with multiple sex partners over their journeys. There is a local government hospital which offers diagnosis and treatment for STDs.

Sometimes, if a woman does get pregnant, she may choose to keep the child. These children only get their mother’s name and usually no support from the father, as one would imagine. What makes these women opt to keep the child, you may wonder? My sense, after speaking to the girls was that they find their lives very devoid of love and may find comfort in the unconditional love offered by a child – someone they can fully call their own.

  1. Their biggest challenge is Police Raids, and lack of any legal protection :

In India, we have a strange law that permits women to engage in sex-work, but it is illegal for them or any pimp on their behalf to solicit client, or for any landowner to run a brothel. The governing law – ‘The Immoral Traffic (Prevention) Act’ (commonly called PITA) passed in 1986 was an amendment to the earlier law of 1956 – ‘The Immoral Traffic (Suppression) Act’ (commonly called SITA). The law allow practice of sex-work in private, without legally soliciting clients in public. Along with Indian Penal Code, 1986 the Police often invokes PITA and sections of IPC relevant to ‘public indecency’ or ‘public nuisance’ to conduct raids in the homes of sex workers. Girls and women who I spoke to, told me that the Police often conducts raids and picks away women, charging them under PITA. Sometimes they would even pick girls who are married, and then later would let them go, on being informed of their married status. A lot of times, police let’s go of these women, on grounds of sympathy, knowing that they will have to earn extra through sex-work, if cases are indeed framed on them, for their litigation expense.

In essence, these women constantly live under the fear of police raids, and have no legal rights to complain if a client does something violent with them. The entire practice of their profession is shrouded in mystery, a deliberate one, that reduces these women to legal non-entities.

  1. Women of Bachhada tribe demand a legislation that will secure their rights and also political representation :

Hema Chauhan, a woman from Sikhedi village, who was earlier into sex-work but now acts as a Counsellor for women who are into this profession, tells me that a comprehensive law on this issue is the need of the hour. We cannot turn away our faces from the grim reality of the existence of sex-work. Known as the oldest profession in the world, sex-work is unlikely to go anywhere anytime soon. Therefore it is pertinent that atleast the basic human rights of sex workers are protected. This will empower the women from protecting themselves against the fear of police action, and the caprices of their clients. They also need a minimum wage to avoid constant heckling for their right to get a fair wage for their work. Above all, they need respect and to be seen as professionals.

Women, on a lighter note, told me that when there is a marriage in the village, and some of them want to go and attend, they are always met with unapproving eyes. “What choice do we have? The government doesn’t even look at us and there are no schemes for us. How else are we to feed our bellies and that of our families.” I could sense their distress and sadness but what gives me hope is their determination that things will change for the good.

When I ask them – “Will you like to contest elections?” In Uttar Pradesh, for the first time, Congress party gave tickets to 40 percent women under Priyanka Gnandhi’s ‘Ladki Hun Lad Sakti Hun’ (I am a girl, and I can fight) campaign. In Madhya Pradesh, state assembly elections are due next year in 2023. Would some of these women from the Bachadda community consider fighting MLA elections if given an opportunity? The answer was a resounding – ‘Yes’. And why not, why shouldn’t women from the Bachhada community have a pie in power too? Why shouldn’t they themselves be empowered to raise issues specific to them and their communities in general?

If women from the Bachhada community are given political power, it will also send out an important message to over 3 million female sex workers in India that they do exist and should be allowed the same respect in the society like everyone else. It may also ensure that some of the laws and schemes that exist on paper are finally implemented for their benefit. In PITA, for example, there is a provision that the government has to ensure rehabilitation of sex workers, but there is currently no avenue for women who want to leave sex-work to do something else. The Madhya Pradesh government had introduced a scheme to eliminate prostitution amongst Bacchadas in 1998, which was implemented in 2014 with an allotment of Rs. 10 crores annually to Neemuch, Ratlam and Mandsaur. But who does this money go to and what is it used for is still something that the sex workers are not aware of.

There are a few NGOs working with this community for the rights of sex workers but a lot more needs to be done, especially for their rehabilitation. Since the Bacchadas are Dalits, an NGO ‘Udaan’ which is active in the region, calls sex-work as caste based exploitation and helps counsel women who want to leave this profession. In a 2017 petition before the Indore High Court, the Petitioner, one Mr. Chauhan, stated that there are several underage girls too who are forced into prostitution.

Now, the issue of legalizing sex-work is not easy by any imagination with several view-points and sub-issues forming part of it – including the fear of increased trafficking as a consequence if sex-work is legalized. But the question remains – do these women not deserve basic human rights and recognition in law, as per our Constitution? If the Government cannot provide one food to eat and basic means to survive, we can take a moral position for all we like, but we cannot change the reality that these women have to live on an everyday basis.

So, as you read this, do ask yourself – isn’t it time that sex workers to get the respect and rights they deserve? When we say ‘ladki hun lad sakti hun’, it is pertinent to include women from a cross-section of society, especially those who have had a long struggle for ages.

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By Atulendra Rathour

The Medical Termination of Pregnancy (Amendment) Act, 2021 has become operative from the 24th of September 2021. The amendment alters the parent legislation i.e., Medical Termination of Pregnancy Act, 1971 (MTP Act 1971) which provides a legal framework regarding abortions in India. The amendment increases the gestation limit for abortions by amending Section 3 of the act. The Amendment act further widens the ambit of the legislation by replacing “any married woman or husband” with “any woman or her partner”. This piece of writing is an attempt to draw a parallel between the Amendment act and the restrictive women’s reproductive autonomy. 

Abortion in India is a penal offense under Section 312 of the Indian Penal Code, 1860 (IPC, 1860) which provides imprisonment for three years. The MTP Act, 1971 provides with certain exceptions under which a woman can undergo pregnancy termination while escaping liability prescribed in IPC, 1860. With the Amendment Act, the gestation period has increased up to 24 weeks from 20 weeks. The woman can undergo an abortion within this period with the advice of medical practitioners. 

The Amendment Act is praiseworthy but still fails to regard woman’s reproductive autonomy. Instead of being a “right-based legislation” the act ends up being a “Doctor centric legislation”. Opinion of Medical Practitioner remains mandatory to undergo abortion as stated in Section 3. This infers that even if a woman wants to undergo an abortion she can’t if Medical Practitioners are of a contravening opinion. Additionally, vulnerable groups such as Sex Workers fall outside the scope of legislation as “Partner” remain a decisive factor, hence restricting their rights. 

The amendment seeming progressive fails to regard the precedent set by the landmark Puttaswamy Judgment in which the Hon’ble Supreme Court recognized that the ‘Right not to Procreate’ forms a part of Rights provided under Article 21 of the Constitution. The Hon’ble Supreme Court in Suchitra Shrivastava v. Chandigarh Administration observed, “There is no doubt that a woman’s right to make a reproductive choice is also a dimension of ‘Personal liberty as understood under Article 21 of the Constitution of India. It is important to recognize that reproductive choices can be exercised to procreate as well as to abstain from procreating… there should be no restriction whatsoever on the exercise of reproductive choices such as Woman’s right to refuse participation in sexual activity or alternatively on the insistence on use of contraceptives method.

Other than this, health infrastructure followed by orthodox society possesses a serious challenge to the provisions of the amendment. India ranks 145 out of 194 countries according to World Health Statistic Report, 2018. NITI Ayog has already informed about the shortage of about 6 lakh Doctors and 20 lakh Nurses. The situation is even more alarming in rural parts; according to Rural Health Statistics Report, there is a shortage of about 80% of Surgeons, Pediatricians, and Physicians, 70% of Obstetricians and Gynecologists. Apart from medical Practitioners, lack of equipment also possesses a serious problem. It would not be surprising to know that India’s Health budget is the fourth lowest in the entire world. 

Conclusively, the amendment act is progressive enough to widen the scope of Women’s reproductive autonomy with regards to abortion by increasing the time limit but still, the autonomy of women is not absolute as the Medical Practitioner has a final say about it. On the other hand, poor health infrastructure further remains a serious concern while undergoing an abortion.                                                                                                                                                                                                                                                                                                                                                                                                                                                                    

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Ekta Pandey

In the 3rd century AD, Kalidasa, one of the greatest writers of ancient India, made a reference to ‘dancing girls’ that were present in the prominent Mahakaal temple in Ujjain, in his work, Meghduta.

“Begemmed their hands, and their jingling navels please, though wearying the chowries and the dances. But shoot your raindrops through the nail marks, soothing, the courtesans will cast you sidelong glances, Their rows in unison as honey bees.”

These girls mentioned by him were known by many names- ‘Devar Adigalar’ in Tamil Nadu, ‘Basavi’ or ‘Jogini’ in Karnataka, ‘Mathangi’ in Maharashtra and most commonly, Devadasis. The term ‘Devadasi’ is a Sanskrit word which means ‘a female servant of God’. They were young girls who were dedicated their life to the service of temples. They had an upscale artistic tradition of dance and music, and were prevalent in the Southern Indian states of Karnataka, Andhra Pradesh, and Tamil Nadu. There is no definite origin of this tradition but it is estimated to have emerged somewhere between the 3rd and 12th century. They used to start at a very young age, and would spend their time learning traditions, rituals and focused on perfecting their arts. In fact, Bharatanatyam also is nothing but a modern incarnation of the Sadir dance performed by these women centuries ago. Devadasis were often referred to as a caste, but according to the Devadasis themselves, there is only a Devadasi way of life, and it’s not a caste. Some believe that the practice arose from the myth of Renuka, the wife of Jamadagni, who was beheaded by her son, Parasurama. It was during the Chola rule that the Devadasis were at the height of their powers and glory. The Devadasis were a professional, matriarchal, and traditional community that developed well-defined practices, customs, and traditions best suited to live their lives but they did not live their lives adhering to the normal rules of sexual morality as that of other Hindu married women, but it is important to notice that the only fact that they were married to a deity did not mean that they could be deprived of the regular pleasures of life: love, companionship, and child-bearing. There is the most common misconception that Hinduism is an extremely conservative religion with no room for  liberal views. One cannot understand the practices of the  Devadasis with such ethos.  Young sex workers, especially in third world countries are often painted as causalities of backward traditions, poverty, and victimization. These characterizations, although creating a tragic narrative that boosts sympathy, often fail to capture the actual complexities of the experiences of these girls. The Devadasi system, especially, is a victim of this twisted narrative. 

Kalidasa’s Meghduta made references to dancing girls, and several Puranas recommended the enlistment of singing and dancing girls during worship. The affluence and reputation of a temple was directly related to the number of Devadasis present. For instance, the Brihadeeshwarar Temple at Tanjore maintained over 400 such girls.The reason behind this practice seems more rooted in the South rather than the North of India is because of the destruction of temples by Muslim invaders.

It creates no doubt that the Devadasis brought in the two things that temples were in need of: money and publicity. The girls would find wealthy patrons and were invited to a large number of auspicious occasions. The concept of ‘dedication’ of a girl made it a symbol of prestige to sponsor her. Their mother and grandmother would arrange for a desirable man. There was an implied contract in place that the devadasi would not provide her offspring, nor any duties that a wife would usually have, and in return, her progeny would not lay any sort of claim on inheritance.

The Male Devadasis

There is also a section of the Devadasis that  is often overlooked. The lives of male Jogappas in the Hubli-Dharwad region of Northern  Karnataka is hardly discussed anywhere. Forced into believing that the goddess Yellamma has bestowed divine possession, the transition of a young boy into a Jogin is initiated by a set of  “incurable” physical ailments like rashes, foul odour, fits and even dreadlocks. They are considered serious symptoms of divine possession and neither the priest nor the local witch doctor was able to provide them a cure. The parents of the child ultimately turn to a place called Saundatti where these boys are taken into the “service” of the goddess.

Initially, they only offered their companionship to kings and other noblemen. As the years  passed by, they began offering services to the common public as well. Currently, Devadasi system is a misunderstood and deteriorated concept which has been reduced to a base of operations for human trafficking, abuse, prostitution and slavery. According to the National Commission for Women, there are 48,358 Devadasis in India.

The majority of active devadasis are in Karnataka, with over 22,491 individuals, Andhra Pradesh with 16,624 individuals, and Maharashtra with 2,479 individuals. Many of them belong to the scheduled caste community. Majority of them are very young(11 or 12 years of age.) These girls attain puberty at 12 or 13 years of age, and get their first sexual partner by the time they reach 15. They are clueless  about protection, making them vulnerable to sexually transmitted diseases.

Efforts by legislation

The real major change was brought by the Bombay Devadasi Protection Act of 1934. In Furtherance, the Madras Devadasi (Prevention of Dedication) Act,1947 and the Karnataka Devadasi (Prohibition of Devadasi) Act, 1982 came into existence. These Act deems dedications to be unlawful and penalizes any person who performs it. Any such person can be imprisoned for a term that can extend to 3 years and fine of Rs. 2000.  If the person is a parent or a relative the punishment increases to imprisonment for 5 years with  a minimum of 2 years and a maximum fine of Rs. 5000 with the minimum being Rs. 2000. It extends powers to the state government to make any rules regarding the same. The Karnataka Act provided significantly for the welfare, rehabilitation, custody and welfare for these Devadasis. This was followed by a similar enactment in Andhra Pradesh in 1988. However, the state government has only laid out the framework, and even now, there are no rules as to implementation. A study by NLSIU and Tata Institute of Social Sciences exposed the neglect and apathy shown by the government towards this disturbing practice that still haunts communities.

The people who force or encourage these young girl to become a Devadasi are mostly their own family members. Therefore, it is no surprise that the girls are unwilling to report their own family members. Even after a case is registered, it is highly unlikely that they will cooperate with the police, or the courts. Moreover, law enforcement also fails to take suo-moto cognizance on these issue.

Conclusion

A Devadasi is a woman who is raped even before she truly understands her own sexuality, who is robbed of her innocence, who leads a miserable life with no respect or love, and a woman who still struggles to maintain her dignity and self-respect in spite of the revulsion society shows towards her. For far too long, she has been living in the shadows, and has not been seen as a complete human being: one with hopes, dreams, and aspirations. They are a victim of circumstances and their current state does not mean that they had forfeited their right to dignity.

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