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Prabha Kotiswaran 《Feminist Legal Studies》2012,20(3):245-262
In recent years, rather than addressing the needs of sex workers themselves or of trafficked persons, international anti-trafficking law has been mobilised towards an ideological end, namely the abolition of sex work. The vulnerability of ??third world?? female sex workers in particular has provided a potent image for justifying state intervention backed by the full force of the criminal law. Moral legitimacy has been afforded to this by a radical feminist discourse which views sex workers as nothing but hapless victims. Drawing on the work of Martha Fineman and legal realists like Robert Hale, this article redeploys vulnerability in trafficking debates to depart from its narrative of victimhood and to offer a renewed critique of liberal legalism, which has in the trafficking context been characterised by legal strategies of criminalisation and the attendant rescue and rehabilitation of trafficked persons. Specifically, it examines how three Indian social legislations regulating bonded labour, contract labour and inter-state migrant labour, and targeted at the domestic trafficking of men, conceptualise vulnerability in substantially different ways when compared to the 2000 Palermo Protocol on Trafficking (at least as it has been enforced to date). To the extent that these Indian laws construe the vulnerability of labour as systemic, trafficking is understood as a problem of labour migration to be addressed primarily by labour law. As such, this view of vulnerability, I argue, not only helps to de-exceptionalise trafficking as always equivalent to the trafficking of women for sex work, and therefore sex work, but also to substantively address the vulnerability of both male and female workers in other labour markets. 相似文献
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Prabha Kotiswaran 《Law & social inquiry》2008,33(3):579-629
The global sex panic around sex work and trafficking has fostered prostitution law reform worldwide. While the normative status of sex work remains deeply contested, abolitionists and sex work advocates alike display an unwavering faith in the power of criminal law; for abolitionists, strictly enforced criminal laws can eliminate sex markets, whereas for sex work advocates, decriminalization can empower sex workers. I problematize both narratives by delineating the political economy and legal ethnography of Sonagachi, one of India's largest red-light areas. I show how within Sonagachi there exist highly internally differentiated groups of stakeholders, including sex workers, who, variously endowed by a plural rule network—consisting of formal legal rules, informal social norms, and market structures—routinely enter into bargains in the shadow of the criminal law whose outcomes cannot be determined a priori. I highlight the complex relationship between criminal law and sex markets by analyzing the distributional effects of criminalizing customers on Sonagachi's sex industry. 相似文献
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Of late, the Indian state has adopted an abolitionist stance towards sex work and bar dancing. This article argues that although in the Indian state of Maharashtra, the judicial overturning of the ban against bar dancing has been celebrated by feminists as a triumph of women's right to livelihood over patriarchal demands of women's sexual morality, the judgment is predicated on a sharp distinction between morally 'good' and 'bad' female labour, namely, bar dancing and sex work. This is ironic given their striking sociological similarities and the stigmatization and levels of state abuse inflicted against both. The article considers the usefulness of the totalizing logic of neo-liberalism for explaining the increased judicial and feminist tolerance for bar dancing. The article argues that prospects for redistributive law reform for all sexual workers are dim unless the arbitrary legal distinctions drawn between markets in female sexual labour are overcome. 相似文献
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