Dear All,

I am surprised to see that there are very few responses to the
proposed ITPA amendment bill, where as number of NGOs are working in
the field of HIV prevention, care etc.

HIV infection, in fact revolutionized many areas of disciplines and discourses
like public health, medical ethics, public policies, law, technology, counseling
etc which is reflected in many international and national law, policies,
protocols and guidelines.

What is preventing us from debating on the implications of such an important
issue?

The proposed amendment to ITPA is considered to be "protective" of
women. There is no change in the basic premise of the law as it was
first brought in 1956. i. e.

1. Women are always to be "protected"
2. Once a woman is victimized, she will be a victim for ever in her life.
3. A woman in prostitution does not have her own voice. Others will
talk for her well-being.

All the modifications brought to ITPA is trying to make the punishment
more stringent.

But for whom? Though it is intended for traffickers, madams and pimps, there is
sufficient evidence to show that in majority of cases ordinary sex workers are
punished or harassed under the guise of the law.

Most of the time, other IPC sections, which have nothing to do with
prostitution, are also used.

This is happening because of the so called "moralistic" interpretation of the
act by law implementers situated in the same social fabric.

The new amendment is only reinforcing the same as it does not make a
distinction between trafficking and voluntary sex work. That means we
are still not prepared to accept the "agency" of sex workers to have
control and decision making in their own life.

Indirectly it is the denial of self-determination to any woman, because she has
to prove that she is not a "fallen woman" in order to get justice even in the
case of right violation such as rape.

The new amendment will only worsen the situation unless there is a
"right" perception in the society, which can influence law
implementing bodies. I request those who are working in the field of
HIV and women's organizations to think loudly on this.

Regards

Dr. Jayasree. A.K
e-mail: akjayasree@...


Dr. A.K.Jayasree
+91-0883246008
+91-0883-6570888(Direct)