SEX WORK AND THE LAW - HIV/AIDS Data Hub
SEX WORK AND THE LAW - HIV/AIDS Data Hub
SEX WORK AND THE LAW - HIV/AIDS Data Hub
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TABLE 1: LEGALITY OF ADULT <strong>SEX</strong> <strong>WORK</strong> IN SOUTH ASIA<br />
Legal Illegal Not Illegal*<br />
Country<br />
Afghanistan<br />
Bangladesh<br />
Bhutan<br />
India<br />
Maldives<br />
Nepal<br />
Pakistan<br />
Sri Lanka<br />
Sex work in<br />
private Soliciting Brothels Laws<br />
Sex workers may be charged with adultery under Article<br />
427 of the Penal Code 1976, and punished with<br />
‘long imprisonment’ i.e. a term ranging from 5 to 15<br />
years. Courts may also impose punishments under<br />
Hanafi principles of sharia law. There are periodic<br />
police crackdowns on migrant sex workers in Kabul’s<br />
brothels, 60 and reports that hundreds of female<br />
sex workers are imprisoned every year for unlawful<br />
sexual relationships. 61<br />
Suppression of Immoral Traffic Act, 1933 prohibits<br />
soliciting in public and brothel keeping. Oppression<br />
of Women and Children (Special Enactment) Act, 1995<br />
prohibits hiring of women for sex work.<br />
The Penal Code 2004 criminalizes sex workers<br />
and their clients, and promotion of prostitution<br />
including by brothel keeping and soliciting.<br />
The Immoral Traffic Prevention Act provides offences<br />
for brothel keeping (Section 3), living on earnings<br />
of sex work (Section 4), procuring, inducing or<br />
detaining for sex work (Section 5 & 6), sex work in<br />
areas near public places and notified areas (Section<br />
7), and soliciting (Section 8).<br />
Sharia law applies, which criminalizes all aspects of<br />
sex work. Penal Code Section 88 provides penalties<br />
for disobeying orders issued in sharia law.<br />
People soliciting for sex work may be arrested<br />
under public order offences. There are no specific<br />
offences relating to brothels, but raids are frequent.<br />
Although there is no specific offence for sex work,<br />
adultery is illegal and subject to severe punishment<br />
under the Offence of Zina (Enforcement of Hudood)<br />
Ordinance, 1979.<br />
The Vagrants Ordinance prohibits soliciting. The<br />
Brothels Ordinance prohibits brothel keeping.<br />
* Generally not prohibited but exceptions apply.<br />
60 Woman gets 11 years for running Kabul brothel, Reuters, 29 June 2008; Huggler J. (2006) Chinese<br />
prostitutes arrested in Kabul ‘restaurant’ raids. The Independent. 10 February 2006; Police raid suspected<br />
Chinese brothels in Afghan capital, AP Worldstream, 2 February 2005.<br />
61 Afghanistan: Food prices fuelling sex work in north, IRIN News, 16 July 2008.<br />
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