Research On Sex Work, Exploitation And Penal Frameworks In Nepal
Legal Framework
Human Trafficking and Transportation (Control) Act, 2064 (2007)
Criminalises trafficking, exploitation, and forcing anyone into prostitution.
Punishment: 10+ years of imprisonment for forcing minors, fines for adults.
Muluki Criminal Code (Nepal, 2074)
Section 119: Prohibits solicitation of prostitution.
Section 120: Criminalises providing premises, transport, or facilities for prostitution.
Key Principles
Consent: Adult consensual sex work exists in a legal grey area.
Exploitation: Any form of coercion, trafficking, or manipulation constitutes criminal liability.
Third-party liability: Brothel owners, pimps, or facilitators are penalised.
Case Studies
Case 1: Brothel Owner Exploiting Minors in Kathmandu (2017)
Facts:
A guesthouse owner in Balaju, Kathmandu was operating a brothel with minors. Two girls aged 14 and 16 were rescued.
Legal Issues:
Violation of HTTCA: forcing minors into prostitution.
Liability of premises owner.
Outcome:
Arrested and remanded for investigation.
Charged under HTTCA for trafficking minors, with potential imprisonment exceeding 10 years.
Significance:
Reinforces strict penalties for trafficking minors.
Clarifies criminal liability of facilitators or property owners.
Case 2: Female Perpetrators Forcing Girls into Prostitution in Damak (2018)
Facts:
Two women coerced eight girls into prostitution in a rented house in Damak.
Legal Issues:
Applicability of HTTCA to female perpetrators.
Distinction between voluntary sex work and coercion.
Outcome:
Arrest and investigation for trafficking and exploitation.
Highlighted active police enforcement beyond Kathmandu.
Significance:
Shows that women can also be liable for trafficking.
Enforcement is possible in regional municipalities.
Case 3: Forced Prostitution in the Badi Community (Ongoing)
Facts:
Traditional practice of pushing Badi girls into prostitution due to poverty and caste marginalisation.
Legal Issues:
Applicability of HTTCA in cultural/traditional contexts.
Challenges of prosecuting family- or community-based exploitation.
Outcome:
Limited prosecutions due to socio-economic complexity.
Legal provisions exist, but enforcement is inconsistent.
Significance:
Highlights intersection of poverty, caste, and gender.
Illustrates enforcement gaps despite strong anti-trafficking laws.
Case 4: Adult Consensual Sex Work and Solicitation (Kathmandu, 2019)
Facts:
A sex worker was arrested for soliciting clients in a public area.
Legal Issues:
Section 119 of the Criminal Code prohibits solicitation.
Distinguishing voluntary sex work from trafficking or forced prostitution.
Outcome:
Fined for solicitation; no imprisonment.
Case clarified that adult sex work itself is not criminal, but public solicitation is.
Significance:
Reinforces the “grey area” in Nepalese law for adult consensual sex work.
Courts focus on public order rather than penalising sex workers themselves.
Case 5: Transgender Sex Workers Facing Exploitation (2020)
Facts:
Transgender sex workers were victims of assault and forced exploitation, with limited police protection.
Legal Issues:
Enforcement of anti-trafficking laws for marginalized groups.
Access to justice for transgender victims.
Outcome:
Some victims received compensation; perpetrators were prosecuted under HTTCA.
Systemic gaps in protection for transgender sex workers remain.
Significance:
Shows intersectional vulnerabilities in sex work.
Emphasises the need for inclusive law enforcement and victim protection.
Analysis
Criminal Liability
Forcing someone into sex work → strict penalties under HTTCA.
Providing premises or transport for prostitution → penalised under Section 120.
Adult Consensual Sex Work
Not fully criminalised; grey area exists.
Public solicitation may lead to fines, but the act itself is not punishable.
Vulnerable Groups
Minors, marginalized castes (Badi), and transgender individuals are disproportionately exploited.
Laws exist but enforcement is uneven, especially in rural areas.
Enforcement Trends
Police raids, arrests of facilitators, and rescue operations are common.
Community and cultural practices complicate prosecution.
Policy Implications
Need for legal clarity distinguishing consensual sex work from exploitation.
Stronger victim protection mechanisms, especially for minors and transgender individuals.
Focus on prosecuting traffickers rather than criminalising sex workers.
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