You are on page 1of 8

[Rights Issues] Legalizing Prostitution, Gender Gap Report, Widows of

Vrindavan, Christian Women Property rights


1.

Legalizing prostitution
1.

Immoral Traffic prevention Act, 1956

2.

Pro arguments: sex trade be legalized bcoz:

3.

Anti-Arguments: Sex trade must not be legalized bcoz:

2.

WEF: Gender Gap Report 2014 (Oct 14)

3.

Property rights of Christian women (Sep-14)

4.

Widows of Vrindavan (Sep-14)

5.

Stopping Child marriages: some fodder (Sep-14)

6.

UPSCs proforma vs rights of disabled

Legalizing prostitution
Relevance in Mains:

GS1: Women-poverty associated issues and remedies; social empowerment

GS2: laws for protection and betterment of vulnerable sections.

Prostitution in India: Disturbing numbers

7 lakh

Registered sex workers in India (Health ministry, 2012)

13 lakh

Total Sex workers in India (NACO estimate, 2012)

40%

Of them are underage (Study by Women and child ministry)

33%

Of missing children never found. Many of them sold off as within India or in Middle-east.

LEGALIZING PROSTITUTION: PRO & ANTI-ARGUMENTS

Timeline of Events

1956 Immoral Traffic prevention Act, 1956

2007

Women and Child Development ministry launched Ujjwala scheme for rescue-rehabreintegration of trafficked women.

2011

Supreme court appointed Pradip Ghosh panel to suggest reform in ITPA act and rehabilitation
of sex workers. Report possible in 2015.

1.

Lalitha Kumaramangalam (chairman of National Commission for Women) said sex trade
should be legalized. (2014, Oct W4)

2.

And since then every day Hindu running minimum one article on why it should be
legalized. Hence topic important.

2014

Immoral Traffic prevention Act, 1956

The act does not prohibit sex work, per se.

but sex workers, her children and associates can be arrested for

Running brothel

Soliciting in public places.

if person >18 years age, is living on sex workers income- he can be jailed for 2 years.

This means, even sex workers children can be arrested because at 18 age, they are barely out of school and wont have a job.

If sex worker arrested in ITPA, her children forced to join the flesh-trade.

This act aims to stop under-age girls from prostitution. But despite amendments in 72 and 86, it hasnt stopped.

Under ITPA, Police can raid a premise without warrant. This provision misused for harassment and bribery by police. Sex workers
constantly live under threat of raids=>Entry of pimps who manage policemen=>exploitation by pimps.

Pro arguments: sex trade be legalized bcoz:


1.

Prostitutes too have right to live with Dignity under Article 21. (Ex-Justice Katju).

2.

Theyll be saved from police raids and social-stigma.

3.

Their dependents and children can benefit from Government schemes= better Education and employment alternatives for their
families.

4.

In the absence of regulation, sex workers forced to serve clients in unhygienic, unhealthy conditions, without condoms=>
HIV+STD. Laws and regulation can stop this.

5.

Minimum wages, Work-hours can be regularized. Exploitation by pimps, madams, brothel-owners, police and politicians will stop.

6.

Sex workers will be covered under labour laws, social security benefits, EPFO. Government can earn taxes from them.

7.

I-cards will be issued. Police can distinguish between (voluntary) sex work vs. (forced) trafficking. Trafficking of underage girls can
stopped.

8.

2002: New Trade Union Initiative labelled sex work as unorganized labour.

9.

Sex workers must be allowed to enjoy same labour rights and human rights as others.

10.

All India Network of Sex Workers & other groups claim that sex trade legalization will reduce trafficking of women, help them get
health and welfare schemes.

Anti-Arguments: Sex trade must not be legalized bcoz:


1.

Fundamental duty in Indian Constitution: Renounce the practices derogatory to the dignity of women. By legalizing sex-trade,
Youll send wrong message to new generations of boys that women are sexual commodities and that prostitution is harmless
recreational activity.

2.

Women do not join prostitution by on their will. Most of them are abused, coerced and tricked into sex trade by pimps. So, Instead
of legalizing this activity, Government should give alternative employment to sex-workers and put pimps into jails.

3.

Legalizing sex trade- will benefit pimps to force more women into prostitution.

4.

It is not possible to protect someone whose employment exposes them to the likelihood of being raped on average once a week.

5.

2000: Sex trade legalized in Netherlands. Sex industry expanded by 25% with East Europe girls brought in, many of them
underage. So, Legalization does not control the sex industry. It expands this immoral activity.

6.

Legalized sex trade=> compulsory medical checkups=> but even if sex worker got HIV, shell test negative for the first 4-6 weeks
and infecting more clients in the meantime. To stop HIV, prostitution has to be stopped completely.

7.

Wrong assumption that legalized sex trade =condom used = less HIV. Because some sex workers would agree to go without
condoms e.g. older women unable to find clients, pimps pressure etc.

8.

Registered sex workers=> no minors trafficked. This is also wrong assumption because if fake Aadhar cards can be created then
fake id cards for under-age sex workers can be created as well.

9.

In short, Prostitution can never be a legitimate business because it will always be associated with crime, corruption, class, mass
sexual exploitation and human trafficking.

10.

if Government cant stop something then it should be legalized=> on that logic even narcotic drugs should be legalized. End result
would be broken families and dysfunctional youth- just like in the West.

WEF: Gender Gap Report 2014 (Oct 14)


Relevance

World-Ranking-report type MCQs- mainly in CDS, CAPF and Banks.

Fodder for GS1, GS2, Essay and Interview.

Basics
1.

World Economic forum prepares Gender Gap report since 2006.

2.

Top5 for 2014: Iceland > Finland > Norway > Sweden > Denmark.

Gender empowerment index measures 4 fronts

Front

Criteria

Indias rank /142 nations

1.Economic
participation

Salaries

134

2.Education

Access to basic and higher edu.

126

3.Health and
survival

Life expectancy and sex ratio

141 out of 142 countries. Means 2nd most


bogus country in the world.

4.Political
empowerment

Representation in Decision
Making position

15

114(2014); 101(2013). Means weve become


more bogus than last year.

Overall

Except the political empowerment front, we are among the 20 most-bogus countries in the world on gender imbalance.
India women: Disturbing numbers from WEF report
Numbers not much important except when you want to turn GD into fish market

0%

Seats reserved in parliament for women.

2.5%

Total fertility rate

7%

of Company board seats occupied by females.

9%

firms owned by females

15%

of Indian scientists are female.

19%

Employed in non-agriculture labor

28%

Married in childhood before reaching age of 20

33%

Become mothers before reaching age of 20

44%

Suffer from malnutrition

55%

Women Aware about contraceptives

67%

Deliveries by trained person

Hours spend daily in unpaid work.

190

Maternal mortality ration per 1 lakh live births

MCQ: Find incorrect statements about Global Gender Gap Report 2014?
1.

Benchmarks national gender gaps on four fronts viz. economic, political, education and health.

2.

Is prepared by World Bank.

3.

Norway is ranked 1st on having minimum gender gap.

Correct choices
A.

Only 1 and 2

B.

Only 2 and 3

C.

Only 1 and 3

D.

None of them

Property rights of Christian women (Sep-14)


Relevance: fodder for the topic need for uniform civil code in India in Essay / Interview. Classic mistake by many candidates- when they
hear uniform civil code, their points only center around Muslim personnel law and talaaq. But an ideal answer needs to discuss status of
women in other religion as well.
What is the problem?
Indian Succession Act, 1925 says: in a Christian house, IF a son dies without writing will, and there are no children/grandchildren, then:

His property would go to his father. in this case, His mother wont get a penny.

If father also dead then, property will be shared equally among siblings and mother.

Thus Christian mother are discriminated in property inheritance.


1.

Law Commission chairman Justice AP Shah gave report #247.

2.

He asked Government to amend the law so that both mother and father have equal share in dead sons property.

Widows of Vrindavan (Sep-14)


Topic in news because BJP-MP Hema Malini said many of these widows have high bank balance and yet begging for more money, they
should leave Vrindavan.
Relevance:

GSM1: Women, Poverty development issues. GSM2: Vulnerable section

Essay / Interview: plight of elderly in India

Points to consider:

Poor widows from all over India come to Vrindavan for shelter, because theyve no other place to go, relatives unwilling to look
after them.

It is not religion but poverty that forced them to Vrindavan.

If theyre forced out of this city, theyll not get livelihood opportunities in other towns

Constitution guarantees every citizen right to reside in any part of India, including Vrindavan.

Problem of widows:

2007: Maintenance and Welfare of Parents and Senior Citizens Act. Adults need to give food, cloths, housing and medical care to
their parents.

But, Most of the Vrindavan widows are without children / family too poor / family doesnt care. Hence theyre forced to seek refuge
in Vrindavan, beg for money while singing bhajans.

2010: NCW report says ~75% of Vrindavan widows are from West Bengal. (meaning, W.Begal is the most bogus state in widowwelfare)

Supreme court ordered Government to provide proper housing and food to them.

But most of them dont have proof of residence => cant get ration card=>cant benefit from Government schemes.

Stopping Child marriages: some fodder (Sep-14)


Relevance: a few fodder points for descriptive question / essay from a Hindu column.
1.

Child marriages increase Infant Mortality Rate (IMR), Maternal Mortality Rate (MMR); prevents the girl child from realizing her true
potential or education / career ambition.

2.

Need networking between lawyers, NGOs, Police and District administration, revenue officials.

3.

Political interference when Police wants to book the caste leaders. This must stop.

4.

5.
6.

Often, girl child turns hostile during court proceedings, case collapses. Hence need to make appropriate participants in Child
Marriages Prevention Act 2006.
Need funds for setting up of special homes for victims, skill Development training.
Usually such families are poor and illiterate. Need to ensure theyre adequately covered under Government schemes for welfare,
income and education.

UPSCs proforma vs rights of disabled


Exam-Relevance: None, because I dont think UPSC will ask question on a case where they themselves were defeated. Anyways lets
check the matter:

Even if a PH-candidate has a valid disability certificate, the UPSC would ask them to fillup a new proforma form and attach
photographs showing disability.

This infringes the right to privacy of the applicant- for example an amputee female.

Chief Commissioner for Persons with Disability has ordered UPSC to stop this practice.

Wait, commissioner becomes important for Mains GS2: syllabus topic- Statutory, regulatory and various quasi-judicial bodies.
(GS2) Write a note on the origin and function of Chief Commissioner for persons with disabilities. 100 words

It is a statutory body- separate commissioners at national and state level.

Under Persons with disabilities (equal opportunity) Act, 1995.

Under Ministry of social justice and empowerment.

Functions:
1.
2.

Safeguard the rights of PH. Can take Suo-moto action.


Has power of a Civil court under CPC (Code of civil procedure). He can summon people, issue fines and arrest warrants for nonappearance, order union and state Government to disclose information.

3.

Monitors that Government schemes and funds properly used for benefit of PH

4.

Monitors that laws and regulations donot discriminate against PH like this Lord Curzon UPSC.

5.

National Chief coordinates with state chiefs.