SEX WORK AND THE LAW - HIV/AIDS Data Hub

Sex workers are routinely harassed by law enforcement agencies. Violence against sex
workers is not only widespread, but is also legitimized, and accepted by many.
In the 1950s, ‘dancing-girls’ were legitimized as ‘artists’ in a High Court order allowing
them to perform for three hours every evening. This is the only legal cover sex workers
have obtained to date. Other activities such as red-light districts and brothels remain
in business by offering huge sums in bribes to the police.
…Only about 11.4 percent of female sex workers and 14 percent of male sex workers
are reached by HIV prevention programmes, yet far fewer have ever utilized the
services. The major barriers are accessibility, quality, affordability and the noncooperative
attitude of healthcare providers.
Due to the stigma and discrimination attached to sex work, sex workers do not
declare their profession. However once the occupation of the sex worker is known
to the community, or even to healthcare providers, a significant amount of stigma is
observed. Many sex workers avoid public health providers altogether because they
fear discrimination, harassment or abuse.
4.7.3 Efforts to improve the legal environment
A draft HIV/AIDS Prevention and Treatment Act has been presented to government by
the National AIDS Control Programme, which includes a proposed provision that “no
law enforcement or other public official shall arrest or detain, or in any manner harass,
impede, restrict or otherwise prevent” use of condoms or other HIV prevention products
or services by most-at-risk populations, including sex workers. 258
A national consultation on HIV and sex work was held in 2009 and a National Strategy on
Female Sex Work in Pakistan was published in 2010. The National Strategy on Female Sex
Work in Pakistan states: 259
FSWs (female sex workers) are routinely harassed by law enforcement agencies.
Police assume various roles in the sex industry from networking, running brothels,
to taking monthly/weekly bhatta (protection money) from brothel owners or FSWs.
It is extremely difficult to nearly impossible to run a sex business without assistance
from police in Pakistan, and madams and pimps keep a regular liaison with police and
provide benefits in terms of pay-offs or free sex or both.
Within the legal context that is in place, it will be possible to change the current
attitudes of the police to a more supportive role. This has been done elsewhere by
liaising with senior police officers; by adapting existing guidelines and by conducting
advocacy sessions with police and other important stakeholders on reduction of
stigma and discrimination and to promote understanding of the goals and objectives
of the HIV prevention interventions. One very concrete approach that involves sex
workers, NGO staff and the police is the establishment of crisis response teams to
reduce harassment of FSWs and to document rights violations…
258 Draft HIV and AIDS Prevention and Treatment Act, section 20. http://www.nacp.gov.pk/introduction/
national-HIV-AIDS-Law.pdf
259 National AIDS Control Program (2010) National Strategy on HIV preventative services for female sex workers
in Pakistan.
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