Deconstructing Conventional Morality: Defending Sex Work as a Profession

By Mahi Dahibaokar

Drawing parallels with Amsterdam's regulated model, where sex work is legal and workers are granted autonomy, security, and legal recognition, the article underscores the need for a similar approach in India. It argues that conventional morality assigns dignity to certain professions while demeaning others, advocating for an inclusive view that respects all forms of labor. This shift calls for improved working conditions and rights for sex workers, challenging societal prejudices and conventional morality’s exclusionary practices.

Sex work, often referred to as the "world's oldest profession," must be recognized and accepted not merely for its historical significance but as a form of legitimate labor deserving the same rights and protections as any other occupation. Across history and cultures, prostitution has been viewed through various lenses—frequently as an "evil," sometimes as a "necessary evil" that protected "respected" women and preserved marriage institutions. These interpretations, however, are rooted in outdated assumptions about male sexual urges and social order. Furthermore, patriarchy has played a significant role in shaping the trajectory of Indian sex workers. The patriarchal framework has historically marginalized women, relegating them to the periphery of societal recognition. In the case of sex work, it has been instrumental in stigmatizing the profession while simultaneously exploiting it to maintain social and economic hierarchies. This duality reflects the gendered oppression embedded in cultural and legal systems, ensuring that sex workers remain a vulnerable and ostracized group.

The stigma attached to sex work is not just historical but also embedded in legal systems. The Supreme Court of India, in Kaushalya Devi vs. State of Uttar Pradesh, declared sex work a "social evil" that needed to be eradicated for the sake of public morality. This ruling intertwined public morality with the livelihoods of specific societal sections, leading to post-colonial anti-prostitution laws. These laws generated moral panic, forcing sex workers into hiding and dispersing them across cities, much to the dismay of "respected citizens."

In this context, sex workers are often labeled as "fallen women," reduced to targets of pity or objects of rescue missions. However, the Second World Whores Congress in 1986 underscored that prostitutes reject any help contingent upon leaving their profession; they demand recognition as workers. In a society where sexual activity is only tolerated within heterosexual households, sex workers continue to be marginalized and ignored by the state.

Case Study: Husna Bai

One such marginalized worker was Husna Bai, a 24-year-old woman stood before the Allahabad High Court, challenging sections of the Suppression of Immoral Trafficking Act (SITA). She sought to have it declared unconstitutional, arguing that its restrictions violated her fundamental right to practice her profession. Husna Bai’s demand for recognition of sex work as legitimate labor marked a revolutionary step, emphasizing that her services should be seen as sexual labor.

Sex workers, like Husna Bai, sell their services and get paid like any other laborer. However, they face enormous risks, including physical violence from clients, without the protections or agencies that other workers rely on for help. Husna Bai’s petition took aim specifically at sections 20 and 4 of the SITA. Section 20 empowered magistrates to arbitrarily remove sex workers from their localities, making them vulnerable to displacement. Section 4 criminalized anyone living off the earnings of a prostitute, even family members, threatening the livelihood of those who rely on them.

While the court ultimately rejected Husna Bai's petition on technical grounds, the case brought attention to the unconstitutional aspects of SITA and exposed the deep-seated biases that continue to shape the law. It was a partial win for the sex workers' rights movement, but the courts still clung to the notion that prostitution undermines public morals.

Prostitution as Labor and Economic Rights

For many women, particularly those from poor and marginalized backgrounds, sex work is the highest-paying industry available within a patriarchal capitalist system. Yet, conventional morality marginalizes sex workers, excluding them from civil society and denying them labor rights. Husna Bai’s legal challenge was revolutionary in that it framed prostitution as a profession, not as an evil to be eradicated. Her petition rejected the assumption that sex work is unproductive, arguing instead for the improvement of working conditions, access to secure environments, and recognition of sex workers as citizens with economic rights. Sex workers' rights are violated on multiple occasions. These violations range from denial of access to healthcare, police harassment, and the criminalization of their livelihood under legal frameworks that perpetuate stigma. Additionally, they face physical violence from clients, displacement from their homes, and exclusion from labor protections enjoyed by workers in other professions.

Learning from Amsterdam’s Red-Light District

The red-light district of Amsterdam offers a glimpse into what regulated, and legally recognized sex work could look like in India. In 2000, the Netherlands legalized prostitution, giving sex workers greater autonomy, reducing criminal activity, and improving labor conditions. In Amsterdam, sex workers are recognized as independent workers, registered with the Chamber of Commerce, and are required to pay taxes like any other business owner. This system was designed to eliminate illegal exploitation and ensure safer, more hygienic working conditions.

While the Amsterdam model is not without its flaws, it demonstrates the possibilities of treating sex work as legitimate labor. Sex workers in Amsterdam enjoy greater social security, legal protections, and the right to voice their concerns. They are not excluded from civil society but are integrated into it as taxpayers and workers deserving of dignity and respect.

Challenging Conventional Morality

The logic behind conventional morality, which assigns dignity to some professions while looking down upon others, must be questioned. Excluding sex workers from civil society only perpetuates the insecurities and prejudices inherent in these eyond the lens of morality and focus instead on the rights and dignities of those who engage in it. By recognizing sex work as legitimate labor, we begin dismantling the prejudices that marginalize sex workers, pushing for a more inclusive society that respects their economic and civil rights.

About the Author

Mahi Dahibaokar is a Master's in Public Policy Student at the Jindal School of Government and Public Policy. She has a strong foundation in political theory. Her research interests encompass electoral studies, gender, urban governance. She is currently interning with Vidhi Centre for Legal Policy

Bibliography

1. Pateman, Carole. "What's Wrong with Prostitution." In The Sexual Contract, 189–218. Stanford, CA: Stanford University Press, 1988.

2. De, Rohit. "The Case of the Honest Prostitute: Sex, Work, and Freedom in the Indian Constitution." In People’s Constitution: The Everyday Life of Law in the Indian Republic, 158–192. Princeton, NJ: Princeton University Press, 2020.

3. Pluskota, Marion. "Selling Sex in Amsterdam." Journal of Social History 52, no. 3 (2019): 654–678. https://www.jstor.org/stable/26551109

4. International Committee for Prostitutes' Rights. Second World Whores' Congress: Statement on Prostitution and Feminism. European Parliament, Brussels, October 1–4, 1986.

5. Kaushaliya Devi v. The State of Uttar Pradesh, (1958), AIR 1958 SC 404, Supreme Court of India.