WHY MASSAGE IS TOUCHY

 

 

The Centre has moved amendments to the Immoral Traffic Prevention Act (on prostitution), expanding the ambit to punish dance bars and beauty and massage parlours if they offer sex services in disguise. This is meant to protect women from exploitation but the old fear is back – of it being a perfect means for the corrupt to make things worse. The new Bill is expected to be placed in Parliament in the current Budget session and has come about on the basis of a PIL filed in 2002 by the NGO Shakti Vahini. The new provisions are in sync with international developments which are largely pro-women. In fact, Rishikant, the anti-trafficking officer in Shakti Vahini on whose behest the PIL was filed, told TSI, “We cannot stop implementing good measures because the system is corrupt. Women are forced to work as sex slaves in these centres. Can we afford this?”

The new Bill empathises with women saying those caught in such centres offering sex services would be treated as victims and not culprits. But this has not removed doubts. Delhi High Court lawyer Naina Kejripal told TSI, “The provisions seem good on paper that the government will consider the women as victims. But what about upper middle-class or high-class girls who are willingly employed? Will they also be treated as victims? Then, any girl can claim to have been employed by force”.

Until 1956, prostitution was dealt with by State laws. The UN International Convention for the Suppression of Traffic in Persons and of the Exploitation of the Prostitution of others (of 1949) was the basis of the first big legislation, the Suppression of Immoral Traffic Act (SITA, of 1956). Emphasis moved from suppression to prevention by 1986, when the law was amended extensively. Now, a fresh perspective has been added. The new Bill says that ‘commercial sexual exploitation today is not purely brothel based; it is spreading everywhere – residential areas, hotels, clubs, etc . . . Menace of HIV/AIDS and increasing number of young girls and children being trafficked for sex in trade, cross-border trafficking, etc. are some of the compelling issues that have necessitated the amendment to ITPA’. Noble thoughts. But India has a poor record of implementing good intentions. This ought to be the test case. We need to improve.