Sex work, often referred to as the world’s oldest profession, exists in a complex and contentious space within Sri Lanka’s legal and social frameworks. Despite the criminalisation of related activities, the persistence of sex work indicates significant gaps in the legal and social protections for sex workers. Decriminalising sex work offers a crucial opportunity to enhance human rights and safety for one of the most marginalised groups in Sri Lankan society.
Current legal framework
In Sri Lanka, sex work itself is not explicitly illegal, but related activities such as soliciting, procuring, and operating brothels are criminalised under various ordinances. The Vagrants Ordinance of 1842 and the Brothels Ordinance of 1889 are the primary laws used to penalise sex workers. These laws, remnants of British colonial rule, have broad and vague definitions, allowing for discriminatory enforcement against sex workers.
The Vagrants Ordinance criminalises behaviours associated with vagrancy, including soliciting and loitering, disproportionately targeting sex workers. Similarly, the Brothels Ordinance criminalises the operation of brothels, pushing the industry underground and making it more challenging for sex workers to seek justice or health services without fear of arrest.
These laws create a hostile environment, pushing sex work into clandestine spaces where the risks of violence, exploitation, and health issues are magnified. For instance, sex workers in Colombo frequently face harassment and arbitrary detention under the pretext of maintaining public decency. Women working in urban massage parlours often report being raided and arrested on charges of soliciting or operating a brothel, involving verbal and physical abuse by law enforcement officers. The use of condoms as evidence of sex work further exacerbates health risks by discouraging safe practices.
Sakuni Mayadunna, a transgender sex worker and activist, recounted her experience of being arrested under loitering charges, only to be falsely accused of drug possession later. She emphasised that discrimination in the job market often forces transgender individuals into sex work, where they face extortion, blackmail, and sexual violence from law enforcement officers.
The impact of these laws perpetuates a cycle of marginalisation and abuse. Fear of arrest and social ostracism prevents sex workers from accessing essential services like healthcare, education, and housing. Many have been assaulted or robbed but fear seeking justice due to potential arrest. This social exclusion extends to their families, with children facing bullying at school and sex workers being ostracised by their communities.
Cultural and religious influences
Sri Lanka’s cultural and religious landscape profoundly influences societal attitudes towards sex work. Predominantly Buddhist, the country’s conservative values often view sex work as morally reprehensible. This stigma extends beyond societal judgement to include institutional discrimination, where sex workers are marginalised and denied basic human rights.
The pervasive cultural and religious condemnation of sex work exacerbates the challenges sex workers face, including violence, exploitation, and lack of legal protection. A report by the Grassrooted Trust highlighted that sex workers are often denied social services and subjected to public shaming due to these deep-rooted cultural beliefs.
Advocating for rights and safety
The decriminalisation of sex work is not only a legal reform but a critical step towards safeguarding human rights. Decriminalisation would involve repealing laws that criminalise sex work and related activities, thereby reducing the stigma and discrimination faced by sex workers. It would also facilitate better access to healthcare, social services, and legal protection, enabling sex workers to report crimes without fear of retribution. Organisations such as the International Commission of Jurists (ICJ) and local advocacy groups have been vocal in their calls for the repeal of the Vagrants Ordinance and other discriminatory laws.
Comparative perspectives
Globally, various countries have adopted different approaches to sex work, offering valuable insights for Sri Lanka. For instance, the Netherlands and New Zealand have decriminalised sex work, recognising it as legitimate labour and providing sex workers with legal and social protections. In these countries, sex workers have the same labour rights as other workers, including access to healthcare, social security, and the ability to report abuses to the authorities without fear of arrest.
In Germany, the Prostitution Act of 2002 improved the conditions for sex workers by granting them full social and legal rights. These examples demonstrate that decriminalisation can lead to improved health and safety outcomes for sex workers, as well as greater societal acceptance.
The path forward
Decriminalising sex work in Sri Lanka is a necessary step towards ensuring the human rights and safety of sex workers. By repealing outdated and discriminatory laws such as the Vagrants Ordinance and Brothels Ordinance, Sri Lanka can provide sex workers with the legal and social protections they deserve. This shift would not only enhance the dignity and safety of sex workers but also align Sri Lanka with international human rights standards.
Implementing decriminalisation would require a multifaceted approach. Firstly, it involves legal reforms to repeal the Vagrants Ordinance and Brothels Ordinance. Secondly, it requires public education and advocacy to change societal attitudes towards sex work, promoting a view that recognises the agency and rights of sex workers. Public education campaigns are crucial to change the deeply ingrained negative perceptions of sex work in Sri Lanka, emphasising the human rights and dignity of sex workers, and highlighting their contributions to society.
Thirdly, it necessitates the establishment of support systems, including healthcare, legal aid, and social services, to assist sex workers in transitioning to a decriminalised framework. The establishment of specialised health clinics and legal aid services would ensure that sex workers have access to the resources they need to lead safe and healthy lives.
Real-life testimonies and research highlight the urgent need for legal reforms. As Sri Lanka grapples with this issue, it must prioritise the voices and rights of sex workers, recognising their work as legitimate and worthy of protection. The path to decriminalisation is a path to justice, safety, and human dignity for all sex workers in Sri Lanka. By listening to these voices and taking concrete steps towards legal reform, Sri Lanka can make significant strides in protecting the rights and safety of its sex workers.
(Geilee Skandakumar, a feminist with a background in law, advocates for sexual and reproductive health and rights, human rights, peace-building, politics, and women’s rights. With a practical approach, she actively works to empower women and promote equality, embodying activism and advocacy in her pursuits)
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The views and opinions expressed in this column are those of the author, and do not necessarily reflect those of this publication