Editorial
A case of morals
It is time for policymakers to debate the legal specifics of prostitutionThe city of Itahari in Sunsari district is a fast growing urban centre identified for graduation to sub-metropolitan city status. In recent times, with its growing urban infrastructure and rise in population, Itahari has also acquired an unsavoury reputation as a prostitution hub. Located at the intersection of the East-West Highway and the North-South Koshi Highway, the city’s roughly 450 hotels, lodges and restaurants house more than 700 prostitutes aged 14-60, according to the police. Given the city’s proximity to the Nepal-India border, Itahari’s insalubrious reputation attracts customers from as far as Patna in India.
Well-aware of the prostitution racket, the Nepal Police, at the beginning of the month of Asar (mid-June), launched a targeted campaign, arresting 200 people. Of them, 12 hotel operators have been charged with human trafficking. The police’s continual raids on hotels, lodges and restaurants known to house prostitutes have led to an exodus of the city’s sex workers to Kathmandu and nearby Biratnagar and Kakkadbhitta, where policing is relatively lax. Still, in recent days, police have arrested 32 people from Kakkadbhitta, 40 from Birtamod and 22 from Damak for prostitution-related charges.
In the absence of a specific law on prostitution, Nepal’s sex workers occupy a strange, limbic space. Prostitution is not clearly defined in any legal instrument so police resort to vague laws like the Public Offence Act. Given the Act’s deliberately indistinct language, any action that contravenes societal morals can be deemed a violation. Pimps and madams, on the other hand, are prosecuted under the Human Trafficking and Transportation (Control) Act, and can be jailed for 10-15 years and/or fined between Rs 50,000-100,000.
Prostitutes are among the most marginalised of workers, socially stigmatised and at the mercy of corrupt police, pimps and johns. Inarguably, the majority of women are engaged in prostitution under duress, whether real or perceived, or extenuating circumstances, such as extreme poverty and a lack of job opportunities. Current legal provisions, rights activists argue, further penalise prostitutes, who are already victims. The time, therefore, has come for Nepal to initiate a debate on whether to legalise or outlaw prostitution. Arguments for and against prostitution are myriad and have their own logic. Legalising prostitution would require strict governmental monitoring and a host of registration and ‘red light’ provisions. However, it would mean a safer and healthier working environment and could even curb trafficking. Making prostitution illegal would satisfy society’s puritanical values but push sex workers farther into the margins. Alternative models could be considered, like that of Sweden where buying sex is illegal but selling it is not. This protects sex workers while limiting the growth of the industry. As the world’s oldest profession, prostitution requires significant attention from Nepal’s policymakers.