Prostitution, pornography, and other forms of commercial sex are a multibillion dollar industry. They enrich a small minority of predators, while the larger community is left to pay for the damage. Prostitution, which now a days is also termed as commercial sex work, is an ancient and widespread phenomenon. Even though it is never welcomed by any society, women, men and trans-genders sell sex all over the world and have done so forever. Every society and their regulatory mechanism i.e. State has its own way of addressing prostitution. This paper will first explore on the major forms of prevailing regulating methods for controlling the impact of prostitution and will briefly discuss their appropriateness and weaknesses in addressing the real problem. The paper will then briefly highlight the existing regulatory framework on prostitution in Nepal and will discuss the existing practices in this regard. The paper argues that the current regulatory framework of Nepal seems ideal from the theoretical point of view, but the implementation of the law as against the idealistic concept is problematic and is fueling human immunodeficiency virus (HIV) epidemic. In the past, every society condemns prostitution on moral grounds by relating it to promiscuity. From the public health dimensions, prostitutes also received attention as disease vectors – those who would spread sexually transmitted diseases (STDs). However, the gravity of STD’s infections was overshadowed by the perception of promiscuity associated with the prostitution. The moral concern related to the issue has dominated the public health concern and States were more focused on abolishing or regulating it by different means then to treat the correlated health disorders. Since large number of prostitutes constitute of women sex workers. When the women’s rights groups started raising voices against their sufferings, and the recognition of women’s rights got momentum around the world, the issue of prostitution also received some attention at the national and international levels. However, women’s groups themselves have differences and were divided in regard to the concept of prostitution and about rights of sex workers.
Sex workers, usually referred to as prostitutes, have occupied an anomalous position in societies throughout history. Prostitutes are generally regarded as a social category, as women who do not adhere to sexual and other behavioural norms; pitied or despised, they are excluded from mainstream society, their lowly and marginal position analogous to that of a low caste or minority ethnic group. Outcast status denies them whatever international, national or customary protection from abuse is available to others as citizens, women or workers.  This social exclusion renders the prostitute vulnerable to exploitation. The designation of prostitution as a special human rights issue, a violation in itself, emphasises the distinction between prostitution and other forms of female or low-status labour, such as cleaning or food-serving, however exploitative they are. It thus reinforces the marginal, and therefore vulnerable, position of the women and men involved in prostitution. By dismissing the entire sex industry as abusive, it also obscures the particular problems and violations of international norms within the industry which are of concern to sex workers. (Prostitution on the International Agenda: the 'Trafficking' framework: The earliest definitions of 'trafficking' were used to distinguish the 'innocent' woman, who found herself in the sex industry as a result of abduction or deceit, from the ordinary prostitute. This was to allow the participation in the treaties about 'trafficking' of the many national governments which permitted highly regulated forms of prostitution. These were not willing to sign a document which required the elimination of prostitution. For this reason, until 1949 prostitution was not named as a separate phenomenon...
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