Breaking the Silence: Spotlighting the Lives and Rights of Sex Workers in India

By Akshinta Das, Girl Rising Student Ambassador India

Aarti stood by the red light after finishing her job. She was tired, abused, and volatile but she had to work. For women like Aarti, survival depends on work that society refuses to recognize.

One of the most critical victories for India’s sex worker community came during the COVID-19 pandemic, when a government-appointed commission acknowledged sex workers as women who work with full agency—deserving of recognition, protection, and dignity, just like any other worker.

This acknowledgment came through a submission to the National Human Rights Commission (NHRC) in August 2020. It highlighted how sex workers were excluded from the government’s relief measures announced during the first wave of the pandemic. On March 26, 2020, the Indian government launched a ₹1.7 lakh crore (2B USD) relief package intended to support migrant workers, the rural and urban poor, and frontline health workers—but sex workers, lacking legal recognition, were left out.

In India, there are over 80,000 sex workers who are just not availing the benefits because sex work is not recognized as legitimate work in India. The NHRC on October 7, 2020, which is issued on an advisory which requested sex work as legitimate during COVID-19. But it went haywire.

During COVID-19 with the imposition of a nationwide lockdown, sex workers can support their households and not been able to access the Public Distribution System due to a lack of proper administration. Although the food has not been accessed due to improper or lack of supply, it is not enough in small quantities.

Unfortunately, the plight of sex workers is not limited to the challenges posed by COVID-19. British Photographer and Filmmaker Zara Briski’s ‘Born into Brothels’ draws our attention towards the difficult life of sex workers, living in Asia’s biggest red-light area, Sonagchi in Kolkata, India. Stigmatized by society and ignored by legislation sex workers are subjected to harassment by the brothel owners.

Sex workers are further prone to exploitation by law enforcement agencies who illegally detain and sexually abuse them. A resident of Songachi recounts how she ran away from where she was kept forcibly and sought help from the police when she was raped by her friends. Each time the brothels are raided, the owners get out by bribing the policemen. The life of children living in the Red Light Areas aren’t easy either.

The Immoral Traffic (Prevention) Act, 1956 (ITPA) is the primary law dealing with sex work in India. The act aims at preventing the trafficking of human beings for sexual exploitation. It does not criminalise prostitution but several activities related to it like owning and managing a brothel, pimping, kerb-crawling, etc. are illegal. Hence, sex work performed privately and consensually is legal in India. But the law makes sex workers living in Red Light Areas vulnerable to police action who while enforcing anti-trafficking laws often cross their limits by taking action against sex workers and their clients who are engaged in consensual and private sex work. Besides ITPA, The Constitution of India (1950), Indian Penal Code (1860), and Juvenile Justice Act (2015) contain provisions dealing with prostitution.