SEX WORK AND THE LAW - HIV/AIDS Data Hub

order to ensure smooth operation of the sex trade. Hotel managers play a crucial
role as they are responsible for arranging and maintaining the overall sex trade in
hotels. In the absence of the hotel owner, they maintain liaison with members of law
enforcement agencies, political leaders and local administration to run the sex trade
without any ‘hazards’...
Local leaders, members of law enforcement agencies, and local administration,
because of their powerful status, are positioned in the highest level of hierarchy of
the power structure across all settings. It was reported that local leaders benefited
economically by the sex trade, as money was collected and sent to them directly or
indirectly. They also deputed their mastans to control the sex trade. In some districts,
their involvement was quite open as they themselves were owners of hotels where
sex trade took place.
Because of the illegal status of sex trade, law enforcement agencies can easily
interfere and play a critical role in making sex trade smooth or difficult. They are direct
beneficiaries as they receive money through the trade. 89
Tenancy laws are reportedly of little effect in protecting brothel-based sex workers from
discrimination, arbitrary eviction or high rents.
The room rent is extortionate and must be paid on daily bases. Otherwise the brothel
dweller risks the threat of eviction and violence by agents, who come to collect the
money on behalf of brothel landlords. 90
4.2.3 Efforts to improve the legal environment 91
Bangladesh’s 3rd National Strategic Plan for HIV and AIDS Response 2011-2015 includes a
strategy to “Conduct advocacy to strengthen an enabling environment”. The Strategy
states:
Advocacy will be provided to key gatekeepers such as police and law enforcement
agencies on effective HIV prevention, and on working with and protecting the rights
of members of vulnerable groups, including PWID (people who inject drugs), sex
workers, hijra 92 s and MSM.
The Government of Bangladesh’s 2010 UNGASS Country Report states:
The National Policy on HIV/AIDS and STD Related Issues was ratified in 1997 and
provides the overarching policy framework for the programme in Bangladesh. The
national policy has not been reviewed for more than a decade in the context of the
changing situation in the country. As a result, the existing provisions of laws are
used haphazardly, often to harass vulnerable populations leading to interference
and weakening of the program...Some of the laws that hamper the program
implementation are: the Code of Criminal Procedure (Section 54: provision of arrest
without a warrant); b) Penal Code, (Section 377: prohibiting carnal knowledge against
the order of nature); c) Dhaka Metropolitan Police Ordinance 1976 (Section 86: penalty
for being found under suspicious circumstances between sunset and sunrise); d)
89 de Beyer J., (ed). (2009), 20 years of HIV in Bangladesh: Experiences and Way Forward, Dhaka: World Bank
and UNAIDS, pp.106-107.
90 Terre des hommes (2005) op cit., p.6.
91 See: Karim R., Selim N., Rashid S (2008) op cit., p.4.
92 Hijra is a South Asian term for a man who has a feminine gender identity.
50