The National Network of Sex Workers (NNSW) and women's rights organisations in India have expressed outrage over the Delhi Commission for Women (DCW) chairperson, Swati Maliwal calling sex work and prostitution akin to “rape” and calling for its “eradication”.

“We call on her to immediately withdraw her statement and tender an unconditional apology to the all women in sex work, whose dignity has been impacted by her observations,” Meena Saraswathi Seshu, SANGRAM, Sangli, Maharashtra of the NNSW told dna, adding, “The country's apex court has recognised the need to ensure sex workers are able to live a life of dignity. In fact the supreme court set up a panel to discuss “conditions conducive for sex workers to live with dignity in accordance with the provisions of Article 21 of the Constitution.”

At a national consultation on Human Trafficking on Indo-Nepal Border: Post Earthquake Perspective organised by Public Advocacy Initiatives for Rights and Values in India (PAIRVI), on Tuesday, Maliwal equated prostitution with rape and said, “It is a 'blot' on society which needs to be eradicated with a stronger response by the state.” Referring to the number of condoms being reportedly distributed in the red light area of GB Road every month, Maliwal added, “Six lakh condoms means six lakh rapes we are allowing in Delhi.”

Incidentally in March 2013, the government had moved to differentiate ‘prostitution’ from exploitation in the amended Section 370 of the Indian Penal Code. By inserting a new definition of exploitation, the Criminal Law Amendment Bill 2013 passed by Lok Sabha clarified a position that till then conflated consensual adult sex work and sex trafficking: ‘Expression “exploitation” shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude, or the forced removal of organs.’

“This formulation clarified the government’s stand of removing adults voluntarily involved in sex work from the ambit of criminalisation,” said Meena Seshu, from the National Network of Sex Workers (NNSW). “This gave a new lease of life to people in the sex trade of their own volition, and enabled them to seek legal protection if they face violence while working.” According to her, “For sex workers who practice of their own volition, the distinction between sexual exploitation and consensual adult sex work is very significant as it enables sex workers and their advocates to legally contest oppressive and forced sex work towards creation of safe and dignified work conditions for sex workers.”

Joint Secretary, NNSW Sangeetha too underlined, “The DCW chairperson should do her homework before launching into a campaign that hasn't engaged with the ongoing debates and dialogues to recognise the rights of adult consenting workers to remain in sex work and ensure their human rights and dignity are protected, such a short sighted and uninformed perspective demeans the office of a commission set up to protect the rights and dignity of women.”

Seshu wanted to know if Maliwal knew of the contribution of sex workers in reducing HIV transmission in the country. “A large number of sex worker led organisations are leading the HIV response and doing invaluable peer-based outreach and HIV prevention in partnership with the Ministry of Health and Family Welfare, National Aids Control Organisation, Government of India. Given that premise, the remarks of the DCW chairperson that, use of condoms is indicative of the extent of “rape being allowed in Delhi,” is both blatantly uninformed and bigoted. Such statements from people in positions of authority have the effect of negatively impacting the HIV response. It is shocking that this statement comes from the women’s commission at a time when women are fighting for recognition to the right to sexual health.”

The United Nations, and various human rights organisations, activists globally and in India have called for an end to the conflation of trafficking and sex work, which criminalises and stigmatises women in sex work. The Global Commission on HIV and Law calls on countries to “reform their approach towards sex work. Rather than punishing consenting adults involved in sex work, countries must ensure safe working conditions and offer sex workers and their clients access to effective HIV and health services and commodities… Take Complementary legal measures to ensure safe working conditions to sex workers.” And they must “take all measures to stop police harassment and violence against sex workers.’ The UN appointed Special Rapporteur on Violence Against Women in her India report submitted to the UN General Assembly in April 2014 also called on the Government of India to review its approach towards sex workers and ensure that their human rights are protected.