ARTICLE

NUMBER 21.
SYNOPSIS BY- SAHIL CHAWLA

ARTICLE NUMBER 21
ARTICLE 21 OF CONSTITUTION OF INDIA AND RIGHT TO LIVELIHOOD WHICH
DEALING WITH FUNDAMENTAL RIGHTS.
THIS ARTICLE IS COUCHED IN A NEGATIVE FORM AND ENJOINS THE STATE
NOT TO DEPRIVE ANY PERSON NOT NECESSARILY ONLY A CITIZEN, OF HIS
LIFE OR PERSONAL LIBERTY EXCEPT ACCORDING TO PROCEDURE
ESTABLISHED BY LAW.

TO BE BORN POOR IN OUR WORLD IS TO BE BORN VULNERABLE AND IN DANGER OF

EXPLOITATION. TO BE BORN FEMALE AND POOR IS TO GREATLY INTENSIFY THE RISKS.
E.G.
IF YOU ARE BORN A GIRL TO PARENTS OF TEA-PICKERS IN ASSAM IN NORTHEASTERN
INDIA (EARNING AS LITTLE AS 150 RUPEES A DAY) THERE IS A GOOD CHANCE YOU WILL
BE SOLD TO A LOCAL RECRUITMENT AGENT BY YOUR LOVED ONES FOR AROUND 3000
RUPEES, AND THE AGENT WILL SELL YOU ON TO A CITY EMPLOYER FOR UP TO 7000
RUPEES AND INTO A LIFE OF ABUSE AND SUFFERING.
WHAT IS SEX SLAVERY/TRAFFICKING?
SEX TRAFFICKING OR SLAVERY IS THE EXPLOITATION OF WOMEN AND CHILDREN, WITHIN
NATIONAL OR ACROSS INTERNATIONAL BORDERS, FOR THE PURPOSES OF FORCED SEX
WORK. COMMERCIAL SEXUAL EXPLOITATION INCLUDES PROSTITUTION AND SEX
TRAFFICKING OF WOMEN AND GIRLS, AND IS CHARACTERIZED BY THE EXPLOITATION OF
A HUMAN BEING IN EXCHANGE FOR GOODS OR MONEY.

WHAT IS THE CURRENT SCENARIO?

THERE ARE AROUND THREE MILLION WOMEN IN THE SEX INDUSTRY IN INDIA TODAY.
WHETHER WE CALL THEM BY THE POLITICALLY CORRECT TERM SEX WORKERS OR BY
THE LABELLING TERM PROSTITUTES WHICH IMPLICATE THEM AS DIRTY EVIL WHORES,
THEY LEAD AN EXTREMELY MARGINALIZED LIFE. MANY OF THEM WERE PUSHED INTO
THIS PROFESSION BY TRAFFICKERS WHO SOURCED THEM FROM DALIT, ADIVASI AND
POOR HOUSEHOLDS OF INTERIOR INDIA, BANGLADESH AND NEPAL.
UNDERSTANDING THE NUANCES OF SEX WORK
IN ORDER TO UNDERSTAND WHAT NEEDS TO BE DONE TO CHANGE THIS PATHETIC
SITUATION, WE SHOULD UNDERSTAND THE NUANCES OF THE SEX WORK IN THE
CONTEXT OF MANY ARGUMENTS FOR AND AGAINST THOSE NUANCES.
THERE ARE PEOPLE WHO ARGUE THAT SEX WORK SHOULD NOT BE EQUATED WITH
SEXUAL EXPLOITATION OR SEX TRAFFICKING WHICH SHOULD BE DEALT WITH
SEPARATELY.
THEY FURTHER ARGUE THAT SEX WORK IS IN FACT A KIND OF SOCIAL SERVICE. TO
THEM, SEX WORKERS ARE NEITHER VICTIMS TO BE RESCUED NOR "DIRTY, EVIL
WHORES" TO BE PUNISHED AND ERADICATED. SUCH ARGUMENTS ARE AGAINST FREE
SEXUAL EXPRESSION AND AUTONOMY OF WOMEN WHO DARE TO HAVE SEX IN WAYS
THAT OFFEND CONVENTIONAL MORAL SENSIBILITIES AND ARE COMING FROM THE
PATRIARCHAL RELIGIOUS FUNDAMENTALISTS.
THEY EMPHASIZE THAT WOMEN ARE NOT ALWAYS DREAMING ABOUT BEING SEXUALLY

SHOULD INDIA LEGALIZE SEX WORK?

ARECENT REMARK MADE BY LALITHA KUMARAMANGALAM, CHAIRPERSON OF THE NATIONAL
COMMISSION FOR WOMEN IN INDIA ABOUT THE NEED FOR LEGALIZATION OF SEX WORK
INVITED A HUGE CONTROVERSY. CURRENTLY A SPECIAL PANEL APPOINTED BY THE SUPREME
COURT OF INDIA IS PREPARING POTENTIAL AMENDMENTS IN THE EXISTING INDIAN LAWS TO
MAKE SEX WORK SAFE.
MANY ACTIVISTS AND NGOS WANT CHANGES IN THE EXISTING LAWS BY DISTINGUISHING SEX
WORK FROM TRAFFICKING. THEY FEEL SEX WORK SHOULD BE MADE LEGAL, SEX WORKERS
SHOULD BE ABLE PAY TAX ON THEIR INCOME, ENJOY LABOR RIGHTS INCLUDING RIGHT TO
FORM TRADE UNIONS, AND ABOVE ALL TO LIVE WITH DIGNITY. THESE ACTIVISTS FEEL THAT
SUCH MEASURES STOP FORCIBLE TRAFFICKING, RESPECT CHOICE OF WOMEN WHO WANT TO
VOLUNTARILY PURSUE SEX WORK, IMPROVE HYGIENE AMONG SEX WORKERS AND CLIENTS,
AND THEREBY LIMIT THE SPREAD OF HIV/AIDS AND OTHER DISEASES.

THECENTRAL GOVERNMENTIS IMPLEMENTING UJJAWALA, A COMPREHENSIVE

SCHEME FOR PREVENTION OF TRAFFICKING AND RESCUE, REHABILITATION AND
REINTEGRATION OF VICTIMS OF TRAFFICKING FORCOMMERCIAL SEXUAL EXPLOITATION
SINCE 4TH DECEMBER, 2007.
IT CONSISTS OF CERTAIN MECHANISMS FOR THE REINTEGRATION AND REPATRIATION
OF VICTIMS INCLUDING CROSS BORDER VICTIMS.
THE TARGET GROUP OR MAIN BENEFICIARIES OF THIS SCHEME ARE WOMEN AND
CHILD VICTIMS WHO HAVE BEEN TRAFFICKED FOR COMMERCIAL SEXUAL
EXPLOITATION AS WELL AS THOSE WOMEN AND CHILDREN WHO ARE VULNERABLE TO
BECOMING VICTIMS OF THIS CRIME. THESE VULNERABLE SECTIONS INCLUDE SLUM
DWELLERS, CHILDREN OF SEX WORKERS, REFUGEES, HOMELESS VICTIMS OF NATURAL
DISASTERS AND SO ON.

(2007)THE UJJAWALA SCHEME HAS FIVE COMPONENTS PREVENTION- THIS PART CONSISTS OF THE FORMATION OF COMMUNITY VIGILANCE
GROUPS AND ADOLESCENT GROUPS CALLED BALIKA AND BALALA SANGHS. IT ALSO
INCLUDES THE CARRYING OUT OF SENSITIZATION WORKSHOPS, SEMINARS AND
AWARENESS GENERATION CAMPAIGNS THROUGH STREET PLAYS, PUPPETRY, POSTERS AND
LEAFLETS. THE MAIN AIM IS TO MAKE FUNCTIONARIES SUCH AS THE POLICE AND
COMMUNITY SENSITIVE TOWARDS THE NEEDS OF VICTIMS OF TRAFFICKING.
RESCUE- THIS COMPONENT INCLUDES CREATION OF A NETWORK OF CONTACTS THAT
INCLUDE POLICE, NGO'S, WOMEN'S GROUPS, YOUTH GROUPS, PANCHAYATS, HOTELS, TOUR
OPERATORS AND SO ON. THESE CONTACTS WILL BE USED TO COLLECT INFORMATION ON
TRAFFICKERS, SUSPICIOUS PEOPLE AND VULNERABLE FAMILIES. IT ALSO INCLUDES THE
COST OF TRANSPORTATION, FOOD, SHELTER, TOILETRIES, CLOTHING, TRAUMA
CARE/COUNSELLING AND MEDICAL AID GIVEN TO A RESCUED VICTIM AND THE PAYMENT
OF INCENTIVES TO DECOY CUSTOMERS AND INFORMANTS.
REHABILITATION- THIS STEP OFFERS REFUGE TO VICTIMS IN SAFE SHELTER HOMES WITH
THE PROVISION OF BASIC NECESSITIES SUCH AS FOOD, CLOTHING AND MEDICAL CARE. IT
ALSO INCLUDES SPECIALIZED COUNSELLING, LEGAL AID, FORMAL OR OPEN SCHOOL
EDUCATION FOR CHILDREN AND VOCATIONAL TRAINING FOR AN ALTERNATIVE LIVELIHOOD.

REINTEGRATION- THIS COMPONENT INVOLVES RESTORING THE VICTIM TO THEIR

FAMILY AND COMMUNITY, IF THEY DESIRE. IT INCLUDES THE SETTING UP OF HALF WAY
HOMES, WHERE GAINFULLY EMPLOYED GROUPS OF VICTIMS WHO WISH TO BE
REINTEGRATED WITH THE COMMUNITY, WORK AND LIVE SEMI INDEPENDENTLY. IT ALSO
INCLUDES THE COST OF TRAVEL FOR THE VICTIM AND AN ESCORT TO HER HOMETOWN.
REPATRIATION- THIS IS APPLICABLE TO CROSS BORDER VICTIMS OF COMMERCIAL
SEXUAL EXPLOITATION. IT INCLUDES THE SETTING UP OF TRANSIT POINTS AT BORDER
CHECKPOINTS TO PROVIDE FOOD AND OTHER INCIDENTALS TO THE VICTIM. IT ALSO
INCLUDES DOCUMENTATION AND COST OF TRAVEL OF THE VICTIM AND AN ESCORT TO
HER COUNTRY OF ORIGIN OR BORDER.

National Scheme for Rehabilitation of Sex Workers

A panel constituted by the Supreme Court of India to look into the rehabilitation of sex workers,
on 08th of November, 2012 has submitted a rehabilitation scheme to the Supreme Court. The
panel has suggested to the Apex Court that the scheme should be a national scheme.
The scheme is first of its kind and provides rehabilitation to sex workers as well as
victims of commercial sexual exploitation. Some of the important high lights of the
scheme are

It will be a national scheme.

Provision for shelter institutional & non institutional.
Scheme provides various kinds of options - education, vocational training, job, economic enterprise, etc.
Support for education of children of sex workers.
Victim can be referred for the scheme by any one social work organization, department of women &
child development, self group, police, sex work collective, etc.
Victims can themselves make an application for the scheme.
Introducing, the concept of Mentor, a person to assist the victim in her rehabilitation.
Mentor will be paid for providing services.
A monitoring team consisting of victims, district collector, social workers, and representatives from department of women
and child development, police, district chambers of commerce and industries.
Provision of assisting the sex worker to get voting card, ration card, adhar card, etc to get benefits from government schemes.
Victim can choose the place of their rehabilitation.

ARHITECTURAL APPROACH
MANY NGO ARE WORKING IN AHEADING TO THIS DIRECTION BY MAKING SCHOOLS FOR THE
CHILDRENS OF SEX WORKERS
AND ALSO GENERATINGS PROGRAMS AND SCHEME FOR REHABS OF SEX WORKERS.
DEVELOPING AN ENVIRONMENT WHICH HELP THEM OVERCOMING THERE PAST
WOMEN OPPORTUNNITY CENTRE CAN BE DEVELOP FOR THE SEX WORKERS
WORKSHOP CAN BE MADE FOR THEIR TRAINNIG
MEDITATION CENTRE FOR THEM
EDUCATION CENTRE FOR THEM AND THERE CHILDRENS
INTERACTING SPACES CAN BE GENERATED AND SITOUT CAN BE MADE TO DEVELOP THEIR SOCIAL
BELIEVES
MARKET AREA CAN BE DEVELOP FOR THEM SO THAT GOODS DEVELOPED BY THEM CAN BE EXHIBHIT
TO THE MARKET AND
THEY CAN EARN SOMETHING TO THEIR BASIC NEEDS

SITE SELECTION
MUNICIPAL CORPORATION OF DELHI PROPOSED A REHABILITATION CENTRE
FOR SEX WORKERS AND DAY AND NIGHT CARE CENTRE AT SWAMI
SHRADHANAND MARG IN AN DISUSE MCD SCHOOL.

LITERATURE STUDY
NGO FOR REHABILITATION CENTRE
SCEHEMES DEVELOPED FOR REHABILITATION FOR SEX WORKERS
CASE STUDY
DURBAR MAHILA SAMANWAYA COMMITTEE(WEST BENGAL)
ODANADI SEVA FOR SEXUALLY EXPLOITS GIRLS AND THERE CHILDREN.

REQUIREMENTS
TRAUMA CARE CENTRE OR A RESCUE HOME
COUNCELLER ROOM
ADMINISTRATIVE AREA
VICTIMS RESIDENCES AREA
EDUCATION CENTRE(SMALL SCALE SCHOOL)
TRAINING CENTRE
OPPORTUNITY CENTRE
MEETING SPACE
VOCATIONAL SCHOOL
RESIDENTIAL SCHOOL.
FOODING AMENITIES
INTERACTING SPACES