Sex Work

All the countries of the region have criminal offences applicable to sex work, ranging from trafficking and brothel keeping to soliciting and seducing. Although sex work itself is not unlawful, the law still provides considerable scope for police harassment and arrest of sex workers. In practice, the mere possession of condoms is often sufficient to evoke such harassment.

The law in India recognizes the concept of “protective custody”, whereby individuals can be detained in corrective institutions or welfare homes, ostensibly for their own protection. There have been many reports of sex workers being detained on this basis, with few procedural safeguards and no effective right of appeal. Moreover, by drawing an analogy with prisoners who can be compelled to undergo medical examinations the courts in India have held that sex workers under “protective custody” can be subjected to compulsory HIV testing.