Skip to main content Accessibility help
×
Home
Hostname: page-component-cf9d5c678-dkwk2 Total loading time: 0.169 Render date: 2021-08-03T20:20:32.910Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "metricsAbstractViews": false, "figures": true, "newCiteModal": false, "newCitedByModal": true, "newEcommerce": true, "newUsageEvents": true }

Advocating Sex Workers’ Rights by Identity-Based Associations in Nepal

Published online by Cambridge University Press:  15 June 2020

Masako TANAKA
Affiliation:
Faculty of Global Studies, Sophia University

Abstract

There is no specific law in Nepal that directly criminalizes sex work. However, many sex workers have experienced arbitrary detention by law-enforcement authorities. The Human Trafficking and Transportation (Control) Act, 2007 (HTTCA) criminalizes pimps and clients, but not sex workers directly. However, the Act was overinclusive and often criminalized women engaged in voluntary sex work. The new Criminal (Code) Act 2017 criminalizes advertising and providing facilities for sex work in the section concerning crimes against the public good. These laws are used to prosecute sex workers. Two identity-based associations (IBAs) emphasize the importance of decriminalization, but do not support the legalization of sex work. A licensing system, if introduced under legalization, may exclude the most vulnerable sex workers, including housewives, migrants, and sexual minorities, who are secretly engaged in the business. I conclude that ongoing advocacy of IBAs should seek to provide safe working environments for sex workers in Nepal.

Type
Sex Work in Asia
Copyright
© Cambridge University Press and KoGuan Law School, Shanghai Jiao Tong University 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Footnotes

The author thanks Dr Lynette Chua, chair and discussant of the panel, and Prof. Dr Hiroshi Fukurai, president of the ALSA, for their suggestions and encouragement during the research. The author also would like to thank the members and staff of the Jagriti Mahila Maha Sanga (JMMS) and the Blue Diamond Society (BDS) for their patience in sharing their experiences and extends special thanks to Ms Shanti Tiwari, Senior Programme Officer of the JMMS, and Ms Manisha Dhakal, Executive Director of the BDS, for their guidance during research in Nepal. The author appreciates their generosity and continuous support in replying to the endless enquiries and thanks Enago for English-language editing.

*

Professor of Development Studies at Sophia University in Japan and teacher of Gender and Development and South Asian Studies at Sophia University in Japan. As a practitioner and activist, the author has been involved in various civil-society movements both in Japan and in Nepal. Her research includes migrants and trafficking survivors, and the roles of their own organizations in the social-integration process. Correspondence to Masako Tanaka, Faculty of Global Studies, Sophia University, 7–1 Kioi-cho, Chiyoda-ku, 102–8554, Tokyo, Japan. E-mail address: masakotanakajp@gmail.com.

References

BDS (2019) “About Us,” http://www.bds.org.np/ (accessed 23 July 2019).Google Scholar
Caviglia, Lisa (2018) Sex Work in Nepal: The Making and Unmaking of the Category, Oxon: Routledge.Google Scholar
FWLD (2014) Human Trafficking and Transportation (Control) Act, 2007: Its Implementation, Kathmandu: FWLD.Google Scholar
Nepal Law Commission (2017) “Criminal (Code) Act, 2074,” http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/106060/129899/F1095481449/NPL106060%20Npl.pdf (accessed 4 April 2019).Google Scholar
Sexuality, Poverty and the Law Programme (n.d.) “Map of Sex Work Law, Institute of Development Studies in UK,” http://www.spl.ids.ac.uk/sexworklaw (accessed 15 July 2019).Google Scholar
Shukla, Rakesh (2010) Sex Work and Laws in South Asia: A Monograph, Sangli: Sampada Gramin Mahila Sanstha (SANGRAM), https://www.sangram.org/upload/resources/sex_work_and_laws_in_south_asia.pdf (accessed 27 November 2018).Google Scholar
SWASA (2016) “Regional Meeting on Sex Work(er) Rights,” https://www.sangram.org/upload/resources/SWASA-CEDAW-Regional-Meeting-SW-Rights-Nepal-2016.pdf (accessed 27 November 2018).Google Scholar
Tanaka, Masako (2016) “A Women’s NGO as an Incubator: Promoting Identity-Based Associations in Civil Society of Nepal,” in Schwabenland, C., Lange, C., Onyx, J., & Nakagawa, S., eds., Women’ s Emancipation and Civil Society Organisations: Challenging or Supporting the Status Quo?, Bristol: Policy Press, 185207.CrossRefGoogle Scholar
UNAIDS (2018) “Sex Workers: Population Size Estimate—Number 2016,” http://www.aidsinfoonline.org/gam/stock/shared/dv/PivotData_2018_7_22_636678151733621264.htm (accessed 15 July 2019).Google Scholar
UNDP (2012) “Sex Work and the Law in Asia and the Pacific,” https://www.undp.org/content/undp/en/home/librarypage/hiv-aids/sex-work-and-the-law-in-asia-and-the-pacific.html (accessed 27 November 2018).Google Scholar
UNFPA and UNDP (2014) Sex Work and Violence in Kathmandu, Nepal: Understanding Factors for Safety and Protection, Kathmandu: UNFPA and UNDP.Google Scholar
Worthen, Miranda (2011) “Sex Trafficking or Sex Work? Conceptions of Trafficking among Anti-Trafficking Organizations in Nepal.” 30 Refugee Survey Quarterly 87106.CrossRefGoogle Scholar

Send article to Kindle

To send this article to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle.

Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Advocating Sex Workers’ Rights by Identity-Based Associations in Nepal
Available formats
×

Send article to Dropbox

To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Dropbox.

Advocating Sex Workers’ Rights by Identity-Based Associations in Nepal
Available formats
×

Send article to Google Drive

To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Google Drive.

Advocating Sex Workers’ Rights by Identity-Based Associations in Nepal
Available formats
×
×

Reply to: Submit a response

Please enter your response.

Your details

Please enter a valid email address.

Conflicting interests

Do you have any conflicting interests? *