Prostitution in Nepal

Last updated

Prostitution is illegal in Nepal. The Human Trafficking and Transportation (Control) Act, 2064, Act Number 5 of the Year 2064 (2008), criminalises prostitution [1] and living of the earnings of prostitution by including it in the definition of human trafficking. [2] UNAIDS estimate there to be 67,300 prostitutes in the country. [3]

Contents

Government policies

Although there are no laws in Nepal criminalizing sex work specifically, there are some laws that were enacted throughout the 1980s that criminalize trafficking within and outside of Nepal that are used towards sex work. [4] [5] Many of these laws are sometimes interpreted to accuse sex workers as well, which comes from a lack of knowledge in the distinction between the sex trafficking scene and sex work. Sex work is a term used to refer to all aspects of the lawful and unlawful sex industries around the world. [6] There are various forms of sex work, including physical and verbal forms. This distinction is one that is not truly understood; thus, many of the policies and laws enacted within Nepal against trafficking—many argue—should not be applied to sex work. Authorities and laws trying to stop true slavery—trafficking—get misapplied to sex workers, clients and others involved in the sex industry.

In 1986, the Traffic in Humans (Control) Act was passed in Nepal and was aimed at stopping trafficking in the form of prostitution. [5] However, this act, like many others, proved to be ineffective, mainly due to the fact that the act was “largely aimed at criminalizing prostitution rather than curbing trafficking activities.” [5]

In 2008, the Human Trafficking and Transportation (Control) Act, criminalised prostitution and living of the earnings of prostitution by including it in the definition of human trafficking. [2]

Reasons for entering the sex industry

For many, entering into the sex industry is the only way in which they could survive economically in Nepal. [5] However, sex work is not officially recognized among the industrial or service sectors of labor. There is a large case of sex trafficking in Nepal, but voluntary sex work is more common than many believe.

Among the developing poor nations throughout Southeast Asia today, Nepal remains one of the most poverty-stricken. Research shows that about 38% of the Nepali population is living under US$1 per day, and 82% under US$2 per day. [5] Due to this high rate of poverty, the rural poor Nepalese people generally have large families, are landless or have very small landholdings, have high rates of illiteracy and are concentrated in specific ethnic, caste and minority groups. [7] These issues of poverty are part of why many people, including both cisgender and transgender men and women, go into the sex industry in Nepal. Due to their large families, these sex workers need to find a way to help out within the household. More specifically, there are not many opportunities for the women sex workers, and women in general, to break out of the domestic environment and duties which have left them in poverty, so the only option left for them is going into sex work. [5]

Nepal, like many other Southeast Asian countries, has a limited amount of resources for women. Recently, the Nepalese government has recognized more rights for women in terms of family involvement, physical integrity, ownership rights, and overall civil liberties. [8] However, this does not change the fact that women are still highly underrepresented in Nepalese society, and do not have the same rights that men do. [5]

Women constitute a majority of these sex workers, because they rarely have any opportunities otherwise. These women may feel empowered by the work that they do, in the sense that they can better provide for their families, and be seen for something other than what society treats women. In some cases, girls that are put into the sex industry are forced to migrate to carpet factories outside of Nepal or in more centralized cities by their families to better provide for them. After a while, they are either abducted into the traffic scene, or coerced to join. [5] The issue of poverty has driven many families in Nepal to desperation, to the point of putting their daughters out on the streets to earn money to help out in the home. [9]

Human trafficking in Nepal—more specifically, sex trafficking—is a common precursor to voluntary sex work. After escaping from the sex trafficking world, women return to sex work when they return to Nepal, [5] for it is the only thing they know.

Consequences of sex work

Sex work in Nepal can be a short-term relief to the poverty and struggles encountered by these hundreds of women on a daily basis. The long-term effects bring a new perspective to sex work, and are a big part of the argument against sex work.

Short-term consequences

Many people go into the sex work field in hopes of finding a better opportunity for their families and for themselves. This is especially true in Nepal, which is ranked as one of the countries with the lowest human development indicators in the world, ranked 143 in the United Nations Human Development Index, [5] with an HDI of 0.458. [10] Because sex workers usually belong to the lower castes of the caste system within Nepal (a survey conducted by UN Nepal, showed that the majority of the sex workers were from Tamangs and Dalits), India, and other Southeast Asian countries, they feel as though sex work is the only opportunity that they truly have to better their lives and that of their families. The Nepalese caste system makes it very difficult for people of any class to rise up to a higher class. There have been rare instances in which members of a specific class have risen, and even in these cases, the members only rise within their own caste (see also Nepalese caste system). Due to this social trap, sex work is seen as a way to escape from the social organization. Sex work can allow those in lower castes to provide for their family in a different way. [9] In the short-term, going into the sex industry would seem like a logical solution, since the money that many of these sex workers make can go towards the improvement of their families.

Long-term consequences

Sex workers are exposed to a variety of serious risks, including: sexually transmitted diseases, a decrease in security, and a loss of human rights.

Sexually transmitted diseases

Nepal faces increasing HIV prevalence among most at-risk populations (MARPs) such as sex workers, injecting drug users (IDUs), men who have sex with men (MSM), and migrants. [11] Since 1988, when the first case of HIV/AIDS in Nepal was reported, more than 1,750 cases of AIDS and over 11,000 cases of HIV infection were officially reported. Since Nepal is limited in terms of its public health surveillance system, the actual number of infections throughout the country is said to be more. UNAIDS estimates that approximately 30,000 people were living with HIV in 2018. HIV prevalence amongst sex workers was estimated to be 4.2%, compared to 0.1% for the general population [12]

Compromised security

The entry of women into sex work can sometimes take an unexpected turn. Although some women go into the sex industry voluntarily, they can end up being taken into the larger sex trafficking scene to India and surrounding areas. The trafficking of women and girls to India is a major problem which has made international news. Every year, a rough estimate of about 7,000 Nepali girls are trafficked to India, where they are forced into prostitution. [13] Nepalese women and girls, especially virgins, are favored in India, because of their fair skin and young looks (see also Human trafficking in Nepal).

Since the policy of an open border between China and Nepal, a large number of Nepalese women in recent years have been sold into prostitution or as brides to Chinese men. [14]

Aside from being kidnapped into the trafficking scene, sex workers run the risk of being abused sexually against their will. When things like this happen, it is hard for these sex workers to get protection, because they are seen as criminals. [15] This is one of the reasons that many are fighting to legalize voluntary sex work. Many argue that these people deserve protection against harm, just like those that are taken into the trafficking scene.

Loss of human rights

When living a life in the sex industry, many argue that the risk of losing human rights is common. Many times, especially in Nepal, the sex industry is run by organized crime. [16] The sex industry contributes between 2–14% of gross domestic product in countries such as Nepal. [16] Due to this, there is a great incentive for corruption as far as within officials and the police. [16] “This puts women sex workers in vulnerable positions because the institution mandated to protect people either ignores their problems or takes part in the abuse.” [16] If sex workers were to challenge the authority of these officials—even by demanding control over their own bodies—they are running the risk of being punished within the community and even the law. This is another controversial issue, in that the suppliers are always the ones being punished, while the demand sector of this industry seems to get away with their equally incriminating actions. [15] [16]

Sex trafficking

Nepal is a source, transit, and destination country for women and children subjected to sex trafficking. Nepali women and girls are subjected to sex trafficking in Nepal, India, the Middle East, Asia, and Sub-Saharan Africa. Unregistered migrants, including the large number of Nepalis who travel through India or rely on unregistered recruiting agents, are particularly vulnerable to sex trafficking. Some migrants from Bangladesh, Sri Lanka, and possibly other countries transit Nepal en route to employment in the Middle East, using potentially falsified Nepali travel documents, and may be subjected to human trafficking. Some government officials reportedly accept bribes to include false information in Nepali identity documents or provide fraudulent documents to prospective labor migrants, a tactic used by unscrupulous recruiters to evade recruitment regulations. Many Nepalis, including children, whose home or livelihood was destroyed by the 2015 earthquakes continue to be vulnerable to trafficking. Traffickers increasingly utilize social media and mobile technologies to lure and deceive their victims. [17]

The United States Department of State Office to Monitor and Combat Trafficking in Persons ranks Nepal as a 'Tier 2' country. [17]

See also

Related Research Articles

<span class="mw-page-title-main">Prostitution in Thailand</span>

Prostitution in Thailand is illegal. However, due to police corruption and an economic reliance on prostitution dating back to the Vietnam War, it remains a significant presence in the country. It results from poverty, low levels of education and a lack of employment in rural areas. Prostitutes mostly come from the northeastern (Isan) region of Thailand, from ethnic minorities or from neighbouring countries, especially Cambodia, Myanmar, and Laos. UNAIDS in 2019 estimated the total population of sex workers in Thailand to be 43,000.

<span class="mw-page-title-main">Prostitution in India</span> Overview of the legality and practice of prostitution in India

Prostitution is legal in India, but a number of related activities including soliciting, kerb crawling, owning or managing a brothel, prostitution in a hotel, child prostitution, pimping and pandering are illegal. There are, however, many brothels illegally operating in Indian cities including Mumbai, Delhi, Kolkata, Bangalore, and Chennai. UNAIDS estimate there were 657,829 prostitutes in the country as of 2016. Other unofficial estimates have calculated India has roughly 3–10 million prostitutes. India is widely regarded as having one of the world's largest commercial sex industry. It has emerged as a global hub of sex tourism, attracting sex tourists from wealthy countries. The sex industry in India is a multi-billion dollar one, and one of the fastest growing.

Prostitution in Myanmar is illegal, but widespread. Prostitution is a major social issue that particularly affects women and children. UNAIDS estimate there to be 66,000 prostitutes in the country.

Prostitution in Greece is legal at the age of 18, and regulated. It is estimated that fewer than 1,000 women are legally employed as prostitutes and approximately 20,000 women, half of whom are of foreign origin and the other half are Greek, are engaged in illegal prostitution. Many women affected by the economic crisis have turned to prostitution through poverty.

Prostitution in Kenya is widespread. The legal situation is complex. Although prostitution is not criminalised by National law, municipal by-laws may prohibit it.. It is illegal to profit from the prostitution of others, and to aid, abet, compel or incite prostitution.. UNAIDS estimate there to be 133,675 prostitutes in the country.

Prostitution in Zambia is legal and common. Related activities such as soliciting and procuring are prohibited. UNAIDS estimate there are 9,285 prostitutes in the capital, Lusaka. Many women turn to prostitution due to poverty. Sex workers report law enforcement is corrupt, inconsistent and often abusive.

Prostitution in Guyana is illegal but widespread. Prostitution law is antiquated and dates from the colonial era. Law enforcement is inconsistent and sex workers report violence and abuse by the police. Many turn to prostitution for economic reasons and the lack of other job opportunities. Prostitution continues to receive greater public attention due to the high incidence of HIV/AIDS among prostitutes. Prostitution in the country is separated into three types: "uptown", servicing affluent clients, "downtown", servicing the working classes, and mining sites. UNAIDS estimate there to be 6,000 prostitutes in the country.

<span class="mw-page-title-main">HIV/AIDS in Nepal</span>

The first HIV/AIDS cases in Nepal were reported in 1988. The HIV epidemic is largely attributed to sexual transmissions and account for more than 85% of the total new HIV infections. Coinciding with the outbreak of civil unrest, there was a drastic increase in the new cases in 1996. The infection rate of HIV/AIDS in Nepal among the adult population is estimated to be below the 1 percent threshold which is considered "generalized and severe". However, the prevalence rate masks a concentrated epidemic among at-risk populations such as female sex workers (FSWs), male sex workers (MSWs), injecting drug users (IDUs), men who have sex with men (MSM), Transgender Groups (TG), migrants and male labor migrants (MLMs) as well as their spouses. Socio-Cultural taboos and stigmas that pose an issue for open discussion concerning sex education and sex habits to practice has manifest crucial role in spread of HIV/AIDS in Nepal. With this, factors such as poverty, illiteracy, political instability combined with gender inequality make the tasks challenging.

This is an overview of prostitution by region.

Prostitution in Burkina Faso is not specifically prohibited by the law, but soliciting and pimping are illegal. Burkinabe society only accepts sexual intercourse within marriage. In 2009, Voice of America reported that the number of prostitutes in Burkina Faso had increased as a result of the country's poverty. The increase in prostitution has given rise to fears of an increase in the number of Burkinabés infected with HIV and AIDS. UNAIDS estimate there to be 31,000 prostitutes in the country.

Prostitution in Tanzania is illegal but widespread. UNAIDS estimate there to be 155,450 prostitutes in the country. Many women and young girls are forced into prostitution due to poverty, lack of job opportunities, culture, and the disintegration of the family unit. Many university students have to turn to prostitution for economic reasons.

<span class="mw-page-title-main">Prostitution in Africa</span> Overview of the legality and practice of prostitution in Africa

The legal status of prostitution in Africa varies widely. It is frequently common in practice, partially driven by the widespread poverty in many sub-Saharan African countries, and is one of the drivers for the prevalence of AIDS in Africa. Senegal and Côte d'Ivoire permit the operations of brothels. In other countries, prostitution may be legal, but brothels are not allowed to operate. In some countries where prostitution is illegal, the law is rarely enforced.

Prostitution in Eswatini is illegal, the anti-prostitution laws dating back to 1889, when the country Eswatini was a protectorate of South Africa. Law enforcement is inconsistent, particularly near industrial sites and military bases. Police tend to turn a blind eye to prostitution in clubs. There are periodic clamp-downs by the police.

Human trafficking in Nepal is a growing criminal industry affecting multiple other countries beyond Nepal, primarily across Asia and the Middle East. Nepal is mainly a source country for men, women and children subjected to the forced labor and sex trafficking. U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 2" in 2017.

Prostitution in Uzbekistan is illegal, but prostitution has increased within the country since the collapse of the Soviet Union. UNAIDS estimated there to be 22,000 sex workers in the country in 2019. Many of the women have turned to prostitution in Uzbekistan because of poverty.

Prostitution in Botswana is not illegal, but laws such as public disorder, vagrancy, loitering and state recognised religious provisions are used to prosecute prostitutes. Related activities such as soliciting and brothel keeping are illegal. Botswana has made proposals to make prostitution legal to prevent the spread of AIDS. However, there has been mass opposition to it by the Catholic Church. Prostitution is widespread and takes place on the street, bars, hotels, brothels and the cabs of long-distance trucks.

Prostitution in Angola is illegal and prevalent since the 1990s. Prostitution increased further at the end of the civil war in 2001. Prohibition is not consistently enforced. Many women engage in prostitution due to poverty. It was estimated in 2013 that there were about 33,00 sex workers in the country. Many Namibian women enter the country illegally, often via the border municipality of Curoca, and travel to towns such as Ondjiva, Lubango and Luanda to work as prostitutes.

Prostitution in Somalia is officially illegal. There is generally very little voluntary prostitution in the country according to the African Medical Research and Education Foundation (AMREF). UNAIDS estimated there were 10,957 sex workers in Somalia in 2016.

Prostitution in Papua New Guinea is generally regarded as illegal but widely practiced with the laws rarely enforced. Prostitution occurs on the streets, in bars, brothels and in logging, mining, and palm oil areas. In 2010 it was estimated there were 2.000 prostitutes in the capital, Port Moresby. The drought in 2016 caused a rise in prostitution. Many of the women have turned to sex work due to poverty or unemployment.

<span class="mw-page-title-main">Prostitution in Mumbai</span>

Mumbai, is a city in India which contains the neighborhood of Kamathipura, one of the largest red-light districts in Asia. India is regarded as having one of the largest commercial sex trades globally. These neighborhoods are so large and popular that Mumbai has been called the "ultimate destination" for sex tourism. The red-light districts or lal bazaars in Mumbai are inhabited by thousands of sex workers including women, men, children, and transgender people.

References

  1. ↑ "Part 4 – Human Trafficking and Transportation (Control) Act, 2064". Nepal Law Commission. Retrieved 17 April 2019. Section 15(d)
  2. 1 2 "Sex Work Law - Countries". Sexuality, Poverty and Law. Retrieved 31 March 2018.
  3. ↑ "Sex workers: Population size estimate - Number, 2016". www.aidsinfoonline.org. UNAIDS. Archived from the original on 4 June 2019. Retrieved 21 July 2018.
  4. ↑ Shukla, Rakesh (April 2010). "Sex Work and Laws in South Asia: A Monograph" (PDF). Monograph Ser. 4. pp. 21–26. Archived from the original (PDF) on 26 August 2011. Retrieved 25 March 2012.
  5. 1 2 3 4 5 6 7 8 9 10 Hennink, Monique; Padam Simkhada (2004). "Sex Trafficking in Nepal: Context and Process" (PDF). Opportunities and Choices Writing Paper. Retrieved 15 April 2012.
  6. ↑ Hoang, Kimberly Kay (February 2015). Dealing in Desire - Asian Ascendancy, Western Decline, and the Hidden Currencies of Global Sex Work. University of California Press. ISBN   9780520275577.
  7. ↑ "Rural Poverty in Nepal". Rural Poverty Portal. Retrieved 18 March 2012.
  8. ↑ "Gender Equality and Social Institutions in Nepal". Social Institutions & Gender Index. Retrieved 5 April 2012.
  9. 1 2 Richardson, Erin (17 November 1998). "Nepal Sex Trade". TED Case Studies. Retrieved 14 April 2012.
  10. ↑ "Nepal Country Profile: Human Development Indicators". International Human Development Indicators. Archived from the original on 15 April 2012. Retrieved 14 April 2012.
  11. ↑ Upadhya, Raji; Erik Nora (August 2008). "HIV/AIDS in Nepal" (PDF). The World Bank. Retrieved 18 March 2012.
  12. ↑ "Nepal". UNAIDS: Joined United Nations Programme on HIV/AIDS. Retrieved 8 December 2019.
  13. ↑ "More than 200,000 Nepali girls trafficked to Indian red light areas — SOS Children". Soschildrensvillages.org.uk. 2009-02-19. Retrieved 2011-10-15.
  14. ↑ Kathmandu opens borders with China and triggers slave trade
  15. 1 2 "Sex and Money: A National Search for Human Worth". Film. 2011. Retrieved 14 April 2012.
  16. 1 2 3 4 5 Pyle, Jean L. (2001). "Sex, Maids, and Export Processing: Risks and Reasons for Gendered Global Productions Networks". International Journal of Politics, Culture, and Society. 15 (1): 55–76. doi:10.1023/A:1011167800391. JSTOR   20000175. S2CID   154064171.
  17. 1 2 "Nepal 2018 Trafficking in Persons Report". U.S. Department of State. Archived from the original on 29 July 2018. Retrieved 29 July 2018.PD-icon.svg This article incorporates text from this source, which is in the public domain .

Further reading

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.