An Indefinite Sentence

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An Indefinite Sentence Page 40

by Siddharth Dube


  the annual 125,000 arrests: Priscilla Alexander, On Prostitution, Paper for the National Task Force on Prostitution (San Francisco: February 1987).

  “This paradigm is ‘control working conditions’ ”: In addition to the United Nations’ World Health Organization and UNAIDS, other prominent institutions that took an early stand in favor of decriminalization and related reform included the editorial boards of The Lancet and The Economist. See, e.g., “Buying Sex, Safely,” editorial, The Lancet, August 10, 1996; “Giving the Customer What He Wants: To Its Buyers and Sellers, the Sex Trade Is Just Another Business,” The Economist, February 12, 1998, https://www.economist.com/special/1998/02/12/giving-the-customer-what-he-wants.

  Alexander’s article appeared: Alexander, “Sex Work and HIV/AIDS.”

  when the Bank first fully enunciated: World Bank, Confronting AIDS: Public Priorities in a Global Epidemic (New York: Oxford University Press, 1997), http://documents.worldbank.org/curated/en/211211468779168446/pdf/multi0page.pdf.

  CHAPTER 15: DEATHS—AND WOMEN’S REVOLUTIONS

  the AIDS pandemic had become: All AIDS data after 1996 are from UNAIDS’ original reports unless specifically noted.

  The US government’s National Intelligence Council: National Intelligence Council, “The Global Infectious Disease Threat and Its Implications for the United States,” January 2000, https://www.dni.gov/files/documents/infectiousdiseases_2000.pdf.

  the Maharashtra government attempted . . . The Supreme Court: Lawyers Collective, Legislating an Epidemic: HIV/AIDS in India (Delhi: Universal Law Publishing Company, 2003); Rohini Sahini et al., Prostitution and Beyond: An analysis of sex work in India (New Delhi: Sage, 2008); Sangram, Raided: How Anti-trafficking Strategies Increase Sex Workers’ Vulnerability to Exploitative Practices (Sangli: Sangram, 2018).

  South India AIDS Action Programme: In addition to specifically cited materials, the section on SIAAP is based on discussions with Shyamala Nataraj, B. Sekar, Suniti Solomon, Mary Thomas, and members of its sangam in Theni district, Tamil Nadu.

  brothels were a rarity: See notes for chapter 22, below, particularly Rakhi Dandona, Lalit Dandona, G. Anil Kumar, et al., “Demography and Sex Work Characteristics of Female Sex Workers in India,” BMC International Health and Human Rights 6, no. 5 (April 14, 2006): 5, https://bmcinthealthhumrights.biomedcentral.com/articles/10.1186/1472-698X-6-5.

  The commission’s report: National Commission on Women (NCW), Societal Violence on Women and Children in Prostitution (New Delhi: Ministry of Women and Child Development, Government of India, 1996).

  Recent research: Kenneth Ballhatchet, Race, Sex and Class under the Raj (London: Weidenfeld and Nicolson, 1980); Antoinette Burton, Burdens of History: British Feminists, Indian Women, and Imperial Culture, 1865–1915 (Chapel Hill: University of North Carolina, 1994); Janaki Nair, Women and Law in Colonial India: A Social History (New Delhi: Kali for Women, 1996); Sumanta Banerjee, Dangerous Outcast: The Prostitute in Nineteenth Century Bengal (Calcutta: Seagull, 1998); Philippa Levine, “A Multitude of Unchaste Women: Prostitution in the British Empire,” Journal of Women’s History, Winter 2004, https://muse.jhu.edu/article/52285/pdf; Erica Wald, “From Begums and Bibis to Abandoned Females and Idle Women: Sexual Relationships, Venereal Disease and the Redefinition of Prostitution in Early Nineteenth-Century India,” Indian Economic and Social History Review 46 (2009): 1, http://ier.sagepub.com/cgi/content/abstract/46/1/5.

  the text of a recent petition: National Commission on Women (NCW), Societal Violence on Women and Children in Prostitution.

  Durbar: This section is based on discussions with Smarajit Jana and interviews over the years with numerous Durbar officials and members, including Bharati Dey and Sadhana Mukherjee. Useful sources on the Durbar’s development include Celia Dugger, “Going Brothel to Brothel, Prostitutes Preach about Using Condoms,” New York Times, January 4, 1999, https://partners.nytimes.com/library/world/asia/010499india-aids.html; Allie Irvine, “Calcutta Sex Workers Unite Under the Co-operative Banner,” Co-op Dialogue, International Cooperative Alliance, September–December 1997, www.uwcc.wisc.edu/icic/orgs/ica/struc/Regional-Offices1/Regional-Office-for-Asia-and-Pacific1/Asia--Co-op-Dialogue--Vol--7--No--3--1991/Calcutta-Sex-Workers-Unite-Under-the-Co-1.html; “Sonagachi: A Sex Worker Project in a Red Light District of Calcutta, India,” in Female Sex Worker HIV Prevention Projects: Lessons Learnt from Papua New Guinea, India and Bangladesh (Geneva: UNAIDS, 2000); Prabha Kotiswaran, Dangerous Sex, Invisible Labor: Sex Work and the Law in India (New Delhi: Oxford University Press, 2011). Manifestos and other documents from Durbar are reproduced in Prabha Kotiswaran, ed., Sex Work (New Delhi: Women Unlimited, 2011).

  Indrajit Gupta: Udayan Namboodiri and Nandita Chowdhury, “Sex Workers: Legal Soliciting,” India Today, December 8, 1997; Irvine, “Calcutta Sex Workers Unite Under the Co-operative Banner.”

  a group of Bengali sex workers: Ashwini Tambe, Codes of Misconduct: Regulating Prostitution in Late Colonial Bombay (Minneapolis: University of Minnesota, 2009).

  CHAPTER 16: AN ERA OF UNCERTAINTY

  The dangers and hardships that beset them: See PUCL-Karnataka, “Human Rights Violations Against Sexuality Minorities in India,” February 2001, http://www.pucl.org/Topics/Gender/2003/sexual-minorities.pdf, and PUCL-Karnataka, Human Rights Violations Against the Transgender Community: A Study of Kothi and Hijra Sex Workers in Bangalore, India, September 2003, http://www.pucl.org/Topics/Gender/2004/transgender.htm.

  Shabnam Mausi: “Eunuch MP Takes Seat,” BBC News, March 6, 2000, http://news.bbc.co.uk/2/hi/south_asia/668042.stm; Susan H. Williams, Social Difference and Constitutionalism in Pan-Asia (Cambridge, UK: Cambridge University Press, 2014).

  Several key points about the transformative years of gay mobilization are taken from the following important essays: Radhika Ramasubban, “Culture, Politics and Discourses on Sexuality: A History of Resistance to the Anti-sodomy Law in India,” in SexPolitics: Reports from the Front Lines, eds. Richard Parker, Rosalind Petchesky, and Robert Sember (Rio de Janiero: Sexuality Policy Watch Secretariat, 2007), www.sxpolitics.org/frontlines; Dennis Altman, “AIDS and the Globalization of Sexuality,” Social Identities 14, no. 2 (2008): 145–160, https://www.tandfonline.com/doi/full/10.1080/13504630801931161.

  Broader research about Indian sexual behaviors: National AIDS Control Organization (NACO), National Baseline General Population Behavioural Surveillance Survey—2001 (New Delhi: Ministry of Health and Family Welfare, Government of India, 2002), http://www.nacoonline.org/publication/31.pdf.

  Maharashtra’s chief minister: Madhu Jain and Sheela Raval, “Ire over Fire,” India Today, December 21, 1998, https://www.indiatoday.in/magazine/society-the-arts/films/story/19981221-controversial-film-fire-is-sent-back-to-censor-board-matter-taken-to-court-827561-1998-12-21.

  The BJP ideologue: Swapan Dasgupta, “The Problem Is Not Homosexuality,” Rediff India Abroad, August 23, 2004, www.rediff.com/news/2004/aug/23swadas.htm.

  Low-income gay men and hijras: Human Rights Watch, “Epidemic of Abuse: Police Harassment of HIV/AIDS Outreach Workers in India,” July 2002, www.hrw.org/reports/2002/india2/india0602.pdf, 24–25; Ramasubban, “Culture, Politics and Discourses on Sexuality”; Jeremy Seabrook, Love in a Different Climate: Men Who Have Sex With Men in India (London: Verso, 1999); PUCL-Karnataka, “Human Rights Violations Against Sexuality Minorities in India” and Human Rights Violations Against the Transgender Community.

  The brutal murder of two gay men: Swapan Dasgupta, “The Problem Is Not Homosexuality,” Rediff India Abroad, August 23, 2004, www.rediff.com/news/2004/aug/23swadas.htm.

  An investigation by Human Rights Watch: Human Rights Watch, “Epidemic of Abuse.”

  In the most concerted case: Ibid.

  CHAPTER 17: A NEW MILLENNIUM

  a favorite Cavafy poem: C.P. Cavafy, “And I lounged and lay on their beds,” Selected Poems by C.P. Cavafy, translated by Edmund Keeley and Philip Sherrard (Princeton: Princeton University, 1992).

  it was uncon
scionable to let tens of millions: Tina Rosenberg, “Look at Brazil: The World’s AIDS Crisis Is Solvable,” New York Times, January 28, 2001, www.nytimes.com/2001/01/28/magazine/look-at-brazil.html?pagewanted=all; Peter Gill, Body Count: How They Turned AIDS into a Catastrophe (London: Profile, 2006).

  CHAPTER 18: THINGS FALL APART

  The pandemic was a baffling choice: Esther Kaplan, With God on Their Side: How Christian Fundamentalists Trampled Science, Policy, and Democracy in George W. Bush’s White House (New York: New Press, 2005); Helen Epstein, “God and the Fight Against AIDS,” New York Review of Books, April 28, 2005, https://www.nybooks.com/articles/2005/04/28/god-and-the-fight-against-aids/.

  AIDS had not figured: Richard Goldstein, “Stealth Homophobia: What a Bush Administration Would Mean for Gays,” The Village Voice, December 12, 2000.

  Bush considered closing: Esther Kaplan, “Dangerous Council,” Poz, November 2002, www.poz.com/articles/182_994.shtml.

  his administration led: Human Rights Watch, “U.N.: AIDS Conference Whitewash; U.S., Vatican, Egypt Undermining Frank Language in Conference Document,” June 19, 2001, www.hrw.org/news/2001/06/19/un-aids-conference-whitewash.

  The Bush administration even scuppered: Joanne Csete, “HIV/AIDS and Human Rights,” HIV/AIDS Policy and Law Review 10, no 1 (2005): 10, http://sagecollection.ca/en/system/files/policy_and_law_review_101.pdf.

  USAID chief Andrew Natsios: Bob Herbert, “In America; Refusing to Save Africans,” New York Times, June 11, 2001, https://www.nytimes.com/2001/06/11/opinion/in-america-refusing-to-save-africans.html; Amir Attaran, Kenneth A. Freedberg, and Martin Hirsch, “Dead Wrong on AIDS,” Washington Post, June 15, 2001, https://www.washingtonpost.com/archive/opinions/2001/06/15/dead-wrong-on-aids/e961381c-717a-4d2e-9f6d-58a8b0adc2f6/?noredirect=on&utm_term=.f7b299fed14a; Tina Rosenberg, “Think Again: AIDS,” Foreign Policy, October 22, 2009, http://foreignpolicy.com/2009/10/22/think-again-aids/.

  Unsurprisingly, realpolitik led Bush: Gretchen Soderlund, “Running from the Rescuers: New U.S. Crusades Against Sex Trafficking and the Rhetoric of Abolition,” NWSA Journal 17, no. 3 (Fall 2005): 64–87, https://muse.jhu.edu/journals/nwsa_journal/toc/nwsa17.3.html (I draw extensively from Soderlund in this section).

  At precisely the point: Ibid.

  “biblical values and sexual purity”: Epstein, “God and the Fight Against AIDS”; Soderlund, “Running from the Rescuers.”

  The section critiquing the Bush administration’s AIDS policies draws extensively on the following sources: Deborah Sontag, “Early Tests for U.S. in Its Global Fight on AIDS,” New York Times, July 14, 2004, https://www.nytimes.com/2004/07/14/world/early-tests-for-us-in-its-global-fight-on-aids.html; Dennis Altman, “Rights Matter: Structural Interventions and Vulnerable Communities,” Jonathan Mann Memorial Lecture, July 14, 2004, reproduced in HIV Australia, September–November 2004, https://www.jstor.org/stable/4065340; “Is It Churlish to Criticise Bush over His Spending on AIDS?,” The Lancet, July 24, 2004, www.thelancet.com/journals/lancet/article/PIIS0140-6736(04)16732-9/fulltext; Aryeh Neier, “US Ideologues Put Millions at Risk,” International Herald Tribune, March 5, 2005, http://archive.li/xrNeV; “Too Much Morality, Too Little Sense: Politicians Must Suspend Moral Judgments if AIDS Is to Be Defeated,” editorial, The Economist, July 18, 2005, and the related articles in that week’s issue, www.economist.com/node/4223619; Debbie Nathan, “Oversexed,” August 29, 2005, www.thenation.com/doc/20050829; Peter Gill, Body Count: How They Turned AIDS into a Catastrophe (London: Profile Books, 2006); Elizabeth Pisani, The Wisdom of Whores: Bureaucrats, Brothels, and the Business of AIDS (London: Granta, 2008).

  With half a million people worldwide: “Ideology and AIDS,” editorial, New York Times, February 26, 2005, www.nytimes.com/2005/02/26/opinion/ideology-and-aids.html?_r=0.

  Sex work was the other, larger target: These sections draw from the following sources, in addition to the books by Gill, Kaplan, and Pisani cited above, Epstein, “God and the Fight Against AIDS,” Nathan, “Oversexed,” and Soderlund, “Running from the Rescuers”; United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act, 2003, 22 USC 7601, http://openjurist.org/title-22/us-code/section-7601/findings; “Sex Is Their Business: Attitudes to Commercial Sex Are Hardening. But Tougher Laws Are Wrong in Both Principle and Practice,” The Economist, September 2, 2004, www.economist.com/node/3151258/; Jo Doezema, “Now You See Her, Now You Don’t: Sex Workers at the UN Trafficking Protocol Negotiation,” Social & Legal Studies, Vol. 14(1), 61–89, 2005, http://sls.sagepub.com/content/14/1/61; David Brown, “U.S. Backs Off Stipulation on AIDS Funds,” Washington Post, May 18, 2005, https://www.washingtonpost.com/archive/politics/2005/05/18/us-backs-off-stipulation-on-aids-funds/0e3c68b4-7eb8-4cb1-ac8c-ca52ef29e825/?utm_term=.8a3cc6003ff4.; Janie Chuang, “The United States as Global Sheriff: Using Unilateral Sanctions to Combat Human Trafficking,” Michigan Journal of International Law, Volume 27, 437–494 (2006), repository.law.umich.edu/mjil/vol27/iss2/2; Jayne Huckerby, “United States of America,” in Global Alliance Against Traffic in Women (GAATW), Collateral Damage: The Impact of Anti-Trafficking Measures on Human Rights around the World (Bangkok: GAATW, 2007), http://www.gaatw.org/resources/publications/908-collateral-damage-the-impact-of-anti-trafficking-measures-on-human-rights-around-the-world; Nicole Franck Masenior and Chris Beyrer, “The US Anti-Prostitution Pledge: First Amendment Challenges and Public Health Priorities,” PloS Medicine, July 2007, http://journals.plos.org/plosmedicine/article?id=10.1371/journal.pmed.0040207; E. Benjamin Skinner, “The Fight to End Global Slavery,” World Policy Journal 26, no. 2 (Summer 2009): 33–41, https://read.dukeupress.edu/world-policy-journal/article-abstract/26/2/33/100343/The-Fight-to-End-Global-Slavery; Aziza Ahmed, “Feminism, Power, and Sex Work in the context of HIV/AIDS,” Harvard Journal of Law and Gender 34, no. 1 (Winter 2011), 226–258, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1768386.

  the early 1900s hysteria over “White Slave Traffic”: Empirical investigations would later conclude that the “white slavery” narrative was hugely exaggerated. Jo Doezema, “Loose Women or Lost Women? The Re-emergence of the Myth of ‘White Slavery’ in Contemporary Discourses of ‘Trafficking in Women,’ ” Gender Issues 18, no. 1 (Winter 2000), www.walnet.org/csis/papers/doezema-loose.html; Frederick K. Grittner, White Slavery: Myth, Ideology, and American Law (New York: Garland, 1990).

  to punish sex workers as well as other “undesirables”: In the United States, the White-Slave Traffic Act of 1910—with an amended version still in force—had as its stated intent the protection of women and girls from human trafficking and prostitution, but its broad and ambiguous language of combating “debauchery” and “any other immoral purpose” meant that it was for decades actively used to prosecute premarital, extramarital, and interracial relationships. Eric Weiner, “The Long, Colorful History of the Mann Act,” All Things Considered, National Public Radio, March 11, 2008, www.npr.org/templates/story/story.php?storyId=88104308.

  In the United States and other industrialized countries, the anti-trafficking rhetoric is increasingly a cover for harsh anti-immigration policies, in part by purposely muddying the distinction between human smuggling and human trafficking. Janie Chuang, “The United States as Global Sheriff: Using Unilateral Sanctions to Combat Human Trafficking,” Michigan Journal of International Law 27 (2006): 437–94, h9p://repository.law.umich.edu/mjil/vol27/iss2/2; Global Alliance Against Traffic in Women (GAATW), Collateral Damage: The Impact of Anti-Trafficking Measures on Human Rights around the World (Bangkok: GAATW, 2007), www.gaatw.org/resources/publications/908-collateral-damage-the-impact-of-anti-trafficking-measures-on-human-rights-around-the-world.

  The pioneering grassroots groups: Csete, “HIV/AIDS and Human Rights”; Altman, “Rights Matter”; Monte Reel, “Where Prostitutes Also Fight AIDS: Brazil’s Sex Workers Hand Out Condoms, Crossing U.S. Ideological Line,” Washington Post, March 2, 2006, https://www.washingtonpost.com/archive/politics/2006/03/02/where-prostitutes-also-fight-aids-span-classbankh
eadbrazils-sex-workers-hand-out-condoms-crossing-us-ideological-linespan/1fcb2b09-025d-49cf-ae7f-e7b171327f43/?utm_term=.ebcf068a9123.

  “hundreds of thousands”: Soderlund, “Running from the Rescuers.”

  President Clinton had staunchly opposed the TVPA: Chuang, “The United States as Global Sheriff: Using Unilateral Sanctions to Combat Human Trafficking”; Ronald Weitzer,“The Social Construction of Sex Trafficking: Ideology and Institutionalization of a Moral Crusade,” Politics and Society 35, no. 3 (September 2007): pages 447–475, http://pas.sagepub.com/cgi/content/abstract/35/3/447; Philip Shenon, “Feminist Coalition Protests U.S. Stance on Sex Trafficking Treaty,” New York Times, January 13, 2000, https://www.nytimes.com/2000/01/13/world/feminist-coalition-protests-us-stance-on-sex-trafficking-treaty.html.

  I testified against: The Congressional Human Rights Caucus, later renamed the Tom Lantos Human Rights Commission. See https://humanrightscommission.house.gov/about.

  CHAPTER 19: A WORLD WAR UNFOLDS

  “I cannot see”: Email to author, May 9, 2005.

  India’s new Congress-led government: Bishaka Datta and Siddharth Dube, “Sex Work Is No Crime,” Times of India, December 12, 2007 https://timesofindia.indiatimes.com/edit-page/LEADER-ARTICLE-Sex-Work-Is-No-Crime/articleshow/2615557.cms; Patralekha Chatterjee, “Anti-Human-Trafficking Law Sparks Debate in India,” The Lancet 371, no. 9617 (March 22, 2008): 975–76, https://www.thelancet.com/journals/lancet/article/PIIS0140673608604365/fulltext.

  In the US states: Melissa Hope Ditmore, ed., Encyclopedia of Prostitution and Sex Work (Westport, CT: Greenwood, 2006); ProCon.org, US Federal and State Prostitution Laws and Related Punishments, https://prostitution.procon.org/view.resource.php?resourceID=000119.

 

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