SEX WORK AND THE LAW - HIV/AIDS Data Hub

The DMSC approach has reduced the number of underage sex workers (from 25% in 1992
to 2% in 2008) and incidence of police raids (from 162 in 2003 to 22 in 2009 in Sonagachi). 213
The DMSC model of self-regulation is regarded as highly successful internationally and has
been replicated in other states of India (e.g., Andhra Pradesh). However, it is a model that
may be difficult to replicate in other social settings where sex work is organized differently
and there is no history of community organizing.
DMSC has proposed that a state level central self-regulatory board be formed, which can
act as an ombudsman and can also advocate and lobby with the state and national bodies
on policy and law reform issues. 214
DMSC provides an alternative approach to addressing trafficking that avoids problems
inherent in relying on police:
[DMSC] sees as most urgent the need to establish better labour standards in sex work,
and support individual sex workers tackling exploitative situations. This includes
supporting unwilling and underage sex workers by helping them decide what to
do, rather than handing them over to the police where they are likely to face more
harassment. 215
Sex worker advocates argue that mobilization of sex worker communities through
organized collectives and industry self-regulation has the potential to be more effective
than relying on police and adversarial courts to protect worker’s rights and address issues
such as trafficking:
Given that the exercise of rights is through the courts of law, the position between
parties is automatically adversarial. It is usually the State against the sex workers.
Any possibility of negotiation is severely thwarted. For instance, many collectives of
sex workers work with the police to prevent minor girls from doing sex work. The
sex workers in fact become the watchdog in the community. By working with the
communities where the sex workers work, not only is minor exploitation curbed, but
also an active AIDS prevention is possible. The valuable resources of compromise and
coordination are lost when adversarial positions are adopted. 216
The Lawyers Collective also recommends self-regulatory boards that oversee condom
use, health checks, and the prevention of entry of minors to the sex industry. The Lawyers
Collective argues that self-regulatory approaches to preventing trafficking and underage
workers are more effective than arbitrary raid and rescue operations. Giving greater
control to sex workers enables them to set their own working conditions and enforce
their own rules. 217
Avahan India AIDS Initiative 218
The Avahan India AIDS Initiative has scaled up HIV interventions in six Indian states. In
addition to HIV behaviour change education, condom distribution, and STI treatment,
213 Ibid.
214 Bandyopadhyay N. (2008) op cit., p.32.
215 Bandyopadhyay N. (2008) op cit, p.3.
216 Rao S., Sluggett, C. (2009), op cit., p.9.
217 Grover A., et al (2003) op cit pp.131-132.
218 Avahan is funded by the Bill and Melinda Gates Foundation. See: Rau B. (2011) The Avahan-India AIDS
Initiative: Promising Approaches to Combination HIV Prevention Programming in Concentrated Epidemics. Case
Study Series. Arlington, VA: USAID AIDSTAR-One.
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