Page 18 - Tehelka Issue 15 August 2018

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prostitution and begging are the main sources of
their income. Also, it is noteworthy to mention that
hormones and chemicals are also administered by
transgender people for non-illegal purpose like sex-
change. Making this as punishable offence would
hinder their rights to live with dignity.
Then, by including inflicting hIV/AIDS, pregnancy,
etc. punishable offences would demoralise the vic-
tims and complicate their lives further due to stig-
matisation. The fear of punishment will compel them
to never come out, as a result the objective to prevent
hIV-AIDS, pregnancy of minors due to sexual ex-
ploitation and trafficking in general, would become
Akkai difficult.

Padmashali, Also, Chapter XII, Section 31 (xi) that deals with il-
legal migration of persons within India or outside
the country would lead to further victimisation of
Transgender and hapless migrants or people who migrate to another
place-(a) for work and (b) who want to escape from
Human Rights the stigma back home. The Bill does nothing to ad-
dress their plight, instead acts to penalise their ac-
tions which only be termed as unsympathetic.
Activist Chapter XII Section 39 (2) criminalises “soliciting”

graphs” — which undoubtedly controls the commu-
You (Maneka Gandhi) being at a reputed position in through electronic messages and “obscene photo-
the Cabinet and being a woman yourself failed in nication freedom and hinders the ability of sex work-
your duty to use the terminology called ‘transgender’. ers to bargain with their clients.
When the Supreme Court has clearly passed a
judgment in favour of us, has acknowledged our conclusion
rights under the Indian constitution, how could you Globally, human trafficking is the third most notori-
not recognise it? The Bill should take about poverty, ous and illegal trade (after drugs and arms trade) that
caste and class discrimination, without addressing deals in buying and selling of humans for various
these issues you cannot combat trafficking. So, my exploitations in commercial sectors. human traffick-
question to the government is what have you done to ing has given rise to some of the most heinous crimes
address the poverty, class and caste discrimination? of all time that vary from sexual exploitation, prosti-
The rich are richest, poor are poorest and middle are tution, child labour, domestic work, bonded labour,
middle. You (government has failed to understand forced labour, organ and skin trade, forced marriage
the issues that are within the system and this call for to begging, etc.
democratic discussion across the society. If one sees, the labour trading system around
the world has adversely transformed giving rise to
illicit workforce to meet the demand of monstrous
workload in every sector — organised and unor-
or shutdown any property used for trafficking on the ganised. The traffickers have been able to use the
basis of a mere a complaint. loopholes in such a system to carry on their sinister
activities. Inefficient laws give opportunity to many
Chapter XII, Section 31, (iv) (vii) (viii)(ix) under the offenders to run their sinister businesses, human
category Offences And Penalties, points like admin- trafficking has as a consequence had a manifold
istration of any chemical substance or hormones for increase in India.
sexual maturity; victim who is a pregnant woman or Significant stakeholders like civil society, activ-
the offence results in pregnancy; by causing or ex- ists, sex workers collectives, transgender commu-
posing the person to a hIV/AIDS; begging, etc. that nity, etc. have shared apprehensions and pointed out
fall under ‘aggravated form of trafficking’ target the that how the new legislation, if passed in the present
adult sex workers and transgender communities as form, will directly lead to violation of fundamental

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