Born unto Brothels—Toward a Legal Ethnography of Sex Work in an Indian Red-Light Area

2008 ◽  
Vol 33 (03) ◽  
pp. 579-629 ◽  
Author(s):  
Prabha Kotiswaran

The global sex panic around sex work and trafficking has fostered prostitution law reform worldwide. While the normative status of sex work remains deeply contested, abolitionists and sex work advocates alike display an unwavering faith in the power of criminal law; for abolitionists, strictly enforced criminal laws can eliminate sex markets, whereas for sex work advocates, decriminalization can empower sex workers. I problematize both narratives by delineating the political economy and legal ethnography of Sonagachi, one of India's largest red-light areas. I show how within Sonagachi there exist highly internally differentiated groups of stakeholders, including sex workers, who, variously endowed by a plural rule network—consisting of formal legal rules, informal social norms, and market structures—routinely enter into bargains in the shadow of the criminal law whose outcomes cannot be determined a priori. I highlight the complex relationship between criminal law and sex markets by analyzing the distributional effects of criminalizing customers on Sonagachi's sex industry.

2020 ◽  
Vol 2020 (14) ◽  
pp. 90-116
Author(s):  
Jamie Chai Yun Liew

This article examines how migrant and immigrant sex workers have been rendered invisible before the courts and parliament in the reform of laws regarding sex work in Canada. A discourse analysis of the expansive legal record in the Bedford case and the transcripts of Parliamentary debates and testimony before Standing Committees confirm the lack of nuanced discussion on how criminal law reform could impact migrant and immigrant sex workers. As such, while the case of Bedford and the resulting change in the law made by Parliament have been celebrated as a win for some sex workers as an acknowledgment, recognition and judicial validation of experiences by legal institutions of sex workers, a sub-group of women – migrant and immigrant sex workers – remain in the shadows. This article examines how law excludes migrant and immigrant sex workers; it is a starting point for research on how migrant and immigrant sex workers may participate in future legal reform.


Affilia ◽  
2021 ◽  
pp. 088610992110227
Author(s):  
Sharvari Karandikar ◽  
Kaitlin Casassa ◽  
Logan Knight ◽  
Megan España ◽  
Njeri Kagotho

While societal and structural factors often constrain women’s agency in patriarchal settings, women nevertheless find creative ways to manifest and develop agency. Female sex workers (FSWs), in particular, are regularly assumed to have little or no agency, but an important body of literature suggests otherwise. To add to this knowledge, this study sought to answer the question: How do FSWs in Mumbai, India, exert agency in personal and professional contexts? In-depth interviews were conducted with 12 FSWs in the Kamathipura red-light area. Four themes emerged: (a) sex work as a rational and empowering choice, (b) resources and assets, (c) sex work as a means of achievement, and (d) managing violence, retribution, and fear. These themes reveal expressions of agency that illustrate how sex workers are intentional, rational, goal-oriented, and resilient. The findings of this study can contribute to the removal of stigma surrounding sex work and inform service providers working with this population in their efforts to treat sex workers with dignity and respect. Further research is needed in this area, especially which centers on the voices of the agentic sex workers themselves.


2017 ◽  
Vol 1 (1) ◽  
pp. 26-36
Author(s):  
Anushree Nagpal ◽  
Atiqua Tajdar ◽  
Masood Ahsan Siddiqui ◽  
Mohammad Hassan ◽  
Suman Gaur ◽  
...  

The term ‘sex workers’ refers to those involved in prostitution. This particular term is preferred as it does not have the derogatory, sexist connotation that the term ‘prostitute’ has. Belonging to a highly stigmatized profession with no financial and familial support forthcoming, the latter years of the lives of destitute female sex workers are spent in abject misery and poverty. Effort has been made to study the socio economic status and the ways adopted by these women, post active prostitution period, to support themselves and their families. This paper is based on the field study conducted in central Delhi red light area during August-September, 2016. Direct interviews with the respondents using questionnaires as well as participant observation techniques were used to collect the data. The study indicate that destitute female sex workers, once out of active prostitution, start working as domestic helpers, work with local voluntary organizations, or as helpers in brothels. The income earned is very meager with hardly any amount left to be saved. Most of the women live in one room rented accommodations. Their access to medical facilities was found to be extremely restricted.


2021 ◽  
Vol 10 (3) ◽  
pp. 86
Author(s):  
Francine Tremblay

Sex work in all its forms is an occupation that belongs to the service industry, and like any other work, sexual labour is open to exploitation. However, the reason why sex work is seen to be different from other forms of labour is that it betrays the socially accepted rules of love and intimacy and is exercised within a criminalised environment. As a cultural symbol, sex work remains steadfastly linked to aberration and dangerousness. This article juxtaposes the legal and lay definitions of consent and exploitation based on conversations with fourteen Canadian sex workers. The objective of this exploratory article is to delve within two ill-defined and highly contested notions related to the sex industry—consent and exploitation.


2016 ◽  
Vol 21 (4) ◽  
pp. 173-187 ◽  
Author(s):  
Alice Orchiston

Decriminalising (or legalising) sex work is argued to improve sex workers’ safety and provide access to labour rights. However, there is a paucity of empirical research comparing how different regulatory approaches affect working conditions in the sex industry, especially in relation to venues that are managed by third parties. This article uses a mixed methods study of the Australian legal brothel sector to critically explore the relationship between external regulation and working conditions. Two dominant models of sex industry regulation are compared: decriminalisation and licensing. First, the article documents workplace practices in the Australian legal brothel sector, examining sex workers’ agency, autonomy and control over the labour process. Second, it analyses the capacity of each regulatory model to protect sex workers from unsafe and unfair working conditions. On the basis of these findings, the article concludes that brothel-based sex work is precarious and substantively excluded from the protective mantle of labour law, notwithstanding its legality. It is argued that the key determinant of conditions in the legal brothel sector is the extent to which the state enforces formal labour protections, as distinct from the underlying regulatory model adopted.


2016 ◽  
Vol 8 (1) ◽  
pp. 7
Author(s):  
Teodora Hurtado Saa

Resumen: Este artículo versa sobre el actual estado    de la teorización, de la terminología y del conocimien- to empírico relativo a la producción social y ejercicio del trabajo sexual, con atención especial a las teorías    y conceptos que estructuran el tema de la participación diferenciada de las mujeres en general, y de las muje- res con características étnicas/raciales subalternizadas en particular, en el mercado del sexo. Se delinea una postura alternativa a los planteamientos convenciona- les higienistas, criminalistas o victimistas desde donde tradicionalmente se ha analizado la cuestión. Adicio- nalmente, se reflexiona sobre el crecimiento, expansión y modernización de la industria del sexo, en la que algu- nos países post-industrializados asumen la condición de demandantes y los países en vía de desarrollo, la de ofer- tantes de mano de obra para el consumo de experiencias sexuales de diferente índole. De igual modo, se delibera sobre la importancia que tiene la comercialización del sexo, para el desarrollo económico de algunos países y el trabajo sexual como estrategia de “rebusque” frente a los embates de la vida cotidiana. Asimismo, describimos las formas de explotación y de ejercicio del oficio de tra- bajadoras del sexo.Palabras claves: Mercado global del sexo, construcción de la ocupación, interseccionalidad, trabajo sexual, mu- jeres afrocolombianas, sexualidades disidentesFrom the Hygienist Paradigm to Intersectionality. The Social Construction of Sexual WorkAbstract: The present article deals with the current state of the theorizing, the terminology and the empirical knowledge about the social production and exercise of sex work, with special attention to theories and concepts that structure the subject of the different participation in the sex trade of women in general, and of women with subalternized ethnic/racial features in particular. It de- lineates an alternative view to conventional hygienist approaches, or criminal or victimization approaches, traditionally used to analyze the issue. In addition, this paper reflects on the growth, expansion and moderniza- tion of the sex industry, in which some post-industrialized countries provide the demand and developing countries provide the supply of labor for the consumption of sexual experiences. Similarly, it discusses the importance of the commercialization of sex for the economic development of some countries and of sex work as a strategy of look- ing for informal work while coping with the ravages of everyday life. It also describes the forms of exploitation of sex workers in the exercise of their profession. Key words: global sex market, occupation, intersection- ality, sex work, Afro-Colombian women, dissident sexu- alities


2018 ◽  
Vol 14 (1) ◽  
pp. 114-137
Author(s):  
Marta Olasik

The main objective of this article is to provide a multi-faceted and spatially-sensitive reflection on sex work. Taking as a point of departure subversive feminist politics on the one hand and the much contingent notion of citizenship on the other, I intend to present various forms of prostitution as potentially positive and empowering modes of sexual and emotional auto-creation. Informed by the leading research of the subject, as well as inspired and educated by Australia-based Dr Elizabeth Smith from La Trobe University in Melbourne, who had researched and presented female sex workers as self-caring and subversive subjects who make own choices and derive satisfaction from their occupation, I wish to seek academic justice for all those women (and men or trans people, for that matter) in the sex industry who feel stigmatized by political pressure and ultra-feminist circles across Europe. Translating Dr Smith’s significant research into European (and Polish) social realities would be a valuable contribution to the local discussions on gender and sexuality, and axes they intersect with. More importantly, however, a framework of a conceptual interdisciplinary approach needs to be adopted—one in which a specific queer form of lesbian feminist reflection is combined with human geography, both of which have much to offer to various strands of sociological theory and practice. Therefore, as a queer lesbian scholar based in Poland, I would like to diverge a bit from my usual topic in order to pay an academic and activist tribute to the much neglected strand of sociology of sex work. However, my multi-faceted and interdisciplinary academic activity allows me to combine the matter in question with the field of lesbian studies. Both a female sex worker and a lesbian have been culturally positioned through the lens of what so-called femininity is, without a possibility to establish control over their own subjectivities. Hence, on the one hand the article is going to be an academic re-interpretation of sex work as such, but on the other, methodological possibilities of acknowledging and researching lesbian sex workers will be additionally considered with special attention to feminist epistemologies and praxis. While a sensitivity to a given locality is of utmost importance when dealing with gender and sexuality issues, I would like to suggest a somewhat overall approach to investigating both female empowerment through sex work and lesbian studies inclusive of sex workers. Importantly, the more common understandings of the sex industry need to be de-constructed in order for a diversity of transgressive discourses to emerge.


2019 ◽  
pp. 127-139
Author(s):  
Simanti Dasgupta

Drawing on ethnographic work with Durbar Mahila Samanwaya Committee (DMSC), a grassroots sex worker organisation in Sonagachi, the iconic red-light district in Kolkata, India, this paper explores the politics of the detritus generated by raids as a form of state violence. While the current literature mainly focuses on its institutional ramifications, this article explores the significance of the raid in its immediate relation to the brothel as a home and a space to collectivise for labour rights. Drawing on atyachar (oppression), the Bengali word sex workers use to depict the violence of raids, I argue that they experience the raid not as a spectacle, but as an ordinary form of violence in contrast to their extraordinary experience of return to rebuild their lives. Return signals both a reclamation of the detritus as well as subversion of the state’s attempt to undermine DMSC’s labour movement.


2020 ◽  
Vol 28 (3) ◽  
pp. 257-279
Author(s):  
Sharron FitzGerald ◽  
Maggie O’Neill ◽  
Gillian Wylie

The Republic of Ireland is a good case study to highlight the problems associated with uncritical appeals to criminal law as the only appropriate tool to tackle demand and protect sex workers from harm. In 2017, the Criminal Law (Sexual Offences) Act came into force in the Republic of Ireland (hereafter Ireland) making it a criminal offence to purchase sex in the jurisdiction. Ireland’s decision to introduce Swedish-style laws followed a protracted public campaign instigated in 2009 by the Irish and radical feminist inspired neo-abolitionist organisation, Turn off the Red Light. In this article, we confront and de-centre the Turn off the Red Light campaign’s hegemonic narrative that the criminal rather than social justice responses provide a more effective vehicle for sex workers’ empowerment. Undertaking our intervention in Irish feminist prostitution politics as a ‘politics of doing’ social justice through our separate and combined research, we extend our analysis by invoking Nancy Fraser and Barbara Hudson’s theoretical work on social and restorative justice. We wish to develop a theoretical framework that can serve as a roadmap for restorative social justice – the process of achieving rights, recognition and redistribution through relational, reflective and discursive interventions in sex work research, policy and practice. We argue that by ‘thinking’ sex workers’ positionality in social relations differently, the ‘doings’ of restorative social justice for sex workers can begin or take place.


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