Unionisation Of Sex Workers In India

Crafted by sex laborers has forever been connected to moral hostility and will unsettle the lover monde however long it proceeds. Even though this problem hasn't been solved yet, it's important to know about the many problems sex workers have. The rudimentary issue is the lawful remaining of sex laborers in India. Even though the law does not appear to make prostitution illegal on the surface, the law's ancillary provisions make it impossible to perform the work without breaking the law.

In addition, sex workers' work is not covered by unions which prevents them from accessing basic health care, putting their lives in danger. The purpose of this paper is to examine the necessary legislative amendments regarding prostitution, the unionization of sex workers, and the most effective means of achieving these goals.

According to the Immoral Trafficking (Prevention) Act, while the Act of Prostitution is not punishable per se, soliciting and obtaining any commercial gain and consideration for the Act is prohibited and punishable. Therefore it creates a de facto prohibition even though prima facia there is none. The legitimacy of people engaged in professional work allows them to avail the benefits of the same in the forms of a safe working environment, legitimate wages, safety from violence, and remedy in circumstances of exploitation. Since the work of sex workers lacks this legitimate recognition, they are deplored from the same benefits, though they are more vulnerable and susceptible to such issues. Consequently, the unionization of sex workers will aid in voicing out their grievances and go beyond social norms to fight for their interests and demand representation through reformations in the law.

Prostitution As An Industry-

An inquiry hence emerges concerning whether prostitution is an industry as per regulation, with such a definition as will permit individuals, people the same, working in the business to receive the rewards given by the Modern Questions Act, of 1947. An industry, under the demonstration, comprises precise exercises that happen in a coordinated way between business and workmen. The absence of guidelines on prostitution alone precludes it from the domain of the demonstration, as there is no business for there to be a business-worker relationship, and there can legitimately exist no framework by which the calling is controlled as the law stands now. Simply put, a very large number of people are either willingly selling their bodies as a product or being sexually exploited. The profession of prostitution is not considered an industry under the Industrial Disputes Act of 1947, so the term "industry" for this paper will be used.

“India's Supreme Court recently observed that “sex work is a profession” like any other, and sex workers should not be harassed by the police. There are some 3 million sex workers in the country, an overwhelming majority in the 15-35-year group.

Women working in this industry are incredibly vulnerable to violence, physical and mental abuse, and sexually transmitted diseases, and are trapped in an endless cycle of poverty. They require protection from such abuse and the social stigma of their profession, and this protection could best be provided by the unionization of the industry, allowing them a forum in which to voice their grievances and be regulated in such a way that they cannot be mistreated or defrauded. At the moment, prostitution in India has been decriminalized.

“Sex workers are entitled to equal protection of the law. Criminal law must apply equally in all cases, based on 'age' and 'consent.' When it is clear that the sex worker is an adult and is participating with consent, the police must refrain from interfering or taking any criminal action,” the court ruled.

The Supreme Court of India observed the necessity for both groups of persons to be recognized for either to be effectively protected. In Budhadev Karmaskar v. State of West Bengal^[1], the Supreme Court recommended the carrying out of surveys throughout the country, to determine the number of workers in the sex industry that wanted to leave the industry and were forced into it by a myriad of circumstances and those who consciously entered the business and have the intention to continue in the industry. Both groups require representation, the former requiring the help of social workers and rehabilitation centers and the latter requiring the representation of trade unions.

Unionisation Of The Sex Workers In India –

The relationship between labor movements and sex workers has always been strained under the ax of partially criminalized sex worker laws. Taboos associated with sex workers are exceptional; unionization problems for sex workers are the same as for workers in the informal sector, firstly related to the fact that prostitution does not fall within the purview of the industry under the Industrial Disputes Act and there is no well-defined employer-employee relationship, the work of prostitution operates clandestinely in what is infamously known as the Red-light areas of India. The workers in these industries are predominantly women, a group that is physiologically vulnerable to exploitation. There, prostitutes generally face not only social but also legal disadvantages. Sex workers also face a uniquely adversarial relationship with the state; sex workers are partly criminalized and involved in the declared large-scale prevention of HIV to avoid an epidemic in the “general population”. 7 grams that rely on them Although formal organization of workers is not allowed, the Karnataka Union of Sex Workers can be a successful informal organization of prostitutes. The union was formed when four women were arrested under the Immoral Trafficking (Prevention) Act and indiscreet exposure of the women in the media led to outrage. The Karnataka Sex Workers Union had two increased organizing efforts to effect; it was an informal sector and created a cooperative relationship between NGOs and sex workers. The other was a narrower version of an organization focused on a specific community of workers and responding to the grievances of that community itself, for example by organizing HIV prevention programs, etc. For example, many sex workers do not own ration cards. Or voter IDs due to difficulties in providing proof of address or harassment by government authorities.

Government health facilities also often discriminate against prostitutes; The KSWU is therefore working to address some of these immediate concerns of its members and has provided more than 500 sex workers, 88 voter cards, and 100 ration cards, as well as supporting and assisting sex workers in dealing with property and land issues. Access to retirement and widow's pensions. 8 Some other areas where sex workers need protection are the work and reproductive facilities, education, and child care of these workers. A very successful initiative of KSWU is a 24/7 helpline that helps women not only be abused by the police or customers but also provides immediate legal help in these circumstances and provides timely solutions. Karnataka Sex Workers Union epitomizes how a union-driven community can change the lives of prostitutes.

However, such unions lack legal recognition and are not entitled to certain benefits such as the Employees' Pension Fund or the Employees' State Insurance Act, of 1948. Moreover, they lack the legitimacy to participate in decision-making and policy-making processes. In 2008, the KSWU applied to the Registrar of Trade Unions (Karnataka) to be registered as a trade union. However, the request was denied because sex work is illegal and sex workers have no “employer”. Such obstacles hinder the growth of organizations that seek to bring about change. Reforming legislation to legitimize such unions will help combat the heinous abuse such women face.

Occupational Form Of Labour Unionism –

Prostitutes are more often victims of arbitrary arrest and harassment. An individualistic approach to containment or resistance to such actions will provide only a temporary remedy. Instead of obtaining collective bargaining rights for the sex worker segment of a particular facility, a practical solution would be to form a union at the national level with representatives from the same area that would have a large influence on these movements. The professional form of a trade union would indicate regulation within an industry by the employees of that industry. Although there are various cases where the problems faced by prostitutes have come to the fore, they have often stopped and diminished over time, which is attributed to a few people who cannot create the same pressure as this large group.

The need for unionization of the industry in India arises from three main necessities demanded by the men and women who operate the sex work trade. They are:

1. Protection of workers from physical, psychological, and financial abuse by their clients.
2. Measures to reduce, prevent or treat the health problems of these workers in terms of HIV/AIDS, Cancroid, venereal diseases, etc.
3. A shift in society's perception of prostitutes with the help of the media, powerful legislative and judicial bodies, human rights activists, etc. to remove the stigma and humiliation these men and women face daily.

Australia, although a country similar to India, has only decriminalized the sex trade, it cannot be used as a completely accurate comparative study because Sex Trade Unions in Australia do not focus on the stigma of prostitution, only on the first two questions. But the stigma of prostitution in India has led to the denial of voter ID, ration cards, and even admission to educational institutions to people who openly and voluntarily work in the industry.

However, it should be noted that the unionization of sex workers, as seen in the example of various countries around the world where prostitution is legal or decriminalized, has proven to be beneficial and undoubtedly a necessity. It is the foremost method of protecting workers from the myriad obstacles that plague their existence. India currently has several prostitution unions, the largest of which is the National Network of Sex Workers in India, which represents the rights and views of sex workers across the country, but specifically seeks to create public awareness that not all women in the sex industry are victims of trafficking with people and many of them practice this profession voluntarily. Another union affiliated with the New Trade Union of India initiative is the Karnataka Sex Workers Union, which has been vocal in its fight against the stigma attached to the profession, a stigma based on the false belief that all sex workers are victims. The fact is that workers are not only vulnerable to abuse by clients and spectators but also to imprisonment. Sex workers perform a similar function to any worker, performing an activity that contributes to the creation of a final product that is profitably sold to the general public. Although the sex industry does not constitute an industry by the standards of the Industrial Disputes Act 1947, workers in the industry are still workers and, although not protected by the Act, cannot be denied protection. Even countries where prostitution has been legalized continue to deny sex workers full industrial and civil rights in their country. Unions must give these workers the respect they deserve and give them the rights that all workers are entitled to.

Views are personal.