Focus the ‘Red
Lights’; Nagarasobhanis need recognition for legalised sex trade
?
2017-02-20 Daily Mirror
K.K.S Perera
Gauthama Buddha not only accepted an
invitation for alms by Ambapali, but acknowledged a donation
of ashram by the lady sex-worker of Vaisali. On another
occasion the Buddha used a corpse of a prostitute to convey a
message to those who patronised her services by spending
thousands of Kahavanu for a night. He first auctioned the carcass,
there were no bidders—next he offered it free, yet there was
no response : perhaps they gained insight over the repulsive
nature of human body. Sex for sale is an ancient profession
that needs to be legalised.
Roughly speaking, there are two types of
prostitutes: those enforced into the trade by social deprivation or
poverty [harlot, street walker or bandhaka in Buddhist literature]
and those who wished to do it as they feel it is a convenient way
to earn ‘good money’; this type is called a courtesan [ganika or
nagarasobhini]. The intention of the first is survival and is
therefore, karmmically far less harmful than the other type whose
motive might be lack of self-respect. The first is not gladly
involved in wrong occupation while the second obviously is. Buddha
or kings never attempted to punish or ban the profession. Buddhist
literature is full of stories about ganika or nagarasobhinis. The
story of 30 young men and 29 wives plus a harlot hired by the only
bachelor in a group of excursionists accidentally meet the Buddha
while searching for the missing harlot, who vanished with valuables
collected from the affluent party. The term ‘sex worker’ was coined
in 1978 by sex worker activist Carol Leigh. Its use became
fashionable after publication of the text, ‘Sex Work: Writings By
Women In The Sex Industry’ in 1987. The term “sex worker” is widely
used, including in academic work by agencies, such as WHO.
Hazards of ‘free operation’….
We use our laws to prohibit, ban and arrest
the ‘wrongdoers’ or sex workers’ like in most other countries,
where sex workers are regarded as worthy of disgrace, disapproval
and marginalized preventing them from seeking legal redress for
discrimination that deem them spreaders of disease. We think they
are a public nuisance and offenders against decency. Sex workers
never disclose their work to medical authorities due to fear of
such disapproval. The criminalization of sex trade leads to
reluctance in disclosure as there is very little legal protection
for them. In many cases, a victimized sex worker may not be able to
take action against her attacker. Many sex workers, as per research
do not use condoms due to the fear of confrontation and cruelty
from clients. Education about disease prevention through condom use
and other health practices needs a legally monitored healthcare
system.
“All professions are conspiracies against the
laity” - said George Bernard Shaw - the oldest profession is not
excluded.
The society must treat all professions alike
without discrimination. It’s worth noting here what “Tina” Fey, the
American actress, comedian, writer and producer once said,
“Politics and prostitution have to be the only jobs where
inexperience is considered a virtue. In what other profession would
you brag about not knowing stuff?
They rightfully opposed Casinos, the idea was
dropped; but hoards of ‘imported’ labour, working at construction
sites since then have encouraged the trade. Latest news warns of
brothels mushrooming around their lodging places in the city where
long queues of mongoloids waiting for their turn are seen.
Kalidasa, Kumaradasa and Royal Courtesan
Hindu Scriptures always condemned
Prostitution. Parashara Smriti says, ‘selling Wine and meat,
consuming prohibited foods, patronizing prostitutes a shoodra falls
from his caste’. But the greatest Indian poet Kalidasa, a Classical
Sanskrit writer and dramatist was murdered by a courtesan in Sri
Lanka during the reign of King Kumaradasa 513-522 AD. Kumaradasa,
the poet and the son of King Mugalan, who defeated brother Kassapa
of Lion Rock Sigiriya, during his eighteen year-stay in India had
developed a close friendship with Kalidasa, the poet, dramatist and
literati. Having read Janakiharanaya authored by the King, an
elated poet visited him in Sri Lanka. During his sojourn Kalidasa
patronised a ‘high-end’ courtesan and found two lines of an
incomplete poem inscribed on the wall of her luxurious bedroom.
‘The bee settled to draw the nectar
From the lotus with tender care’ , - [The
forest bee got to the honey without hurting the flower, but got
away only in the morning when the lily unfolded its petals.] The
king who visited the ‘lady’ on an earlier occasion, and whilst in
the passionate company of her, inspired by a bee entangled in the
petals of a lotus flower, wrote the two poetic lines, and offered
an incentive to anybody who could complete the other two lines.
Kalidasa recognized the handwriting of his friend Kumaradasa, and
wanted to take the King by surprise, he completed the verse which
read,‘Bursting the ensnaring petals it escaped like ensnared here
the whole night awake,’ - [The relation of the sun seeking the
society of the lotus-eyed enjoyed, indeed, her company , but
sleepless was caught in his toils].
The courtesan was plagued with greed. The
woman seized the opportunity; she murdered Kalidasa, concealed the
body in order to claim the reward for herself. The king in turn on
his next visit recognised Kalidasa’s handwriting bringing the whole
fatal trick to light. As the story goes, at the State funeral
accorded to his friend, King Kumaradasa, unable to stand the grief,
he king threw himself upon flames of the pyre, followed by his five
‘Queens’. Though the validity or accuracy of the story, given in
semi-historical records namely, Pujavaliya and Perakumba Sirita
cannot be completely trusted, we could reasonably surmise that the
Kings and their ilk [while enjoying the comforts of five queens]
also frequented Deluxe abodes of ‘Royal Courtesans’ in the good-old
days as well.
"Sex workers never disclose their work to
medical authorities due to fear of such disapproval. The
criminalization of sex trade leads to reluctance in disclosure as
there is very little legal protection for them"
Buddhist views on the practice
Buddhism does not support or oppose
prostitution. Gauthama Buddha only seized an opportunity to prove a
point or to explain that prostitution is an unpleasant act.
Buddhists do not look down upon the worker. It provided and
encouraged the practitioners an opportunity to practice dharma,
that they have an equal opening to become liberated.
There’s no concept of sexual offence in
Buddhism, that being a sex worker is morally wrong. It may be or it
may not be, depending upon the person. Sex work takes a profound
toll on a person physically and psychologically. It’s probably not
the best occupation to get into if you want a peaceful and steady
life. But having said so, there is no crime involved and it surely
wouldn’t be unconditionally forbidden.
Legality of profession in ancient India
The Lords, Senators, Merchants, Generals;
everyone had one wish.....get married to beautiful Ammbapali
[Amrapali]. The State decided to make her a prostitute, they
thought it was dangerous to hand over Amrapali to any one, that
others would not accept it simply. It would create violence in
Vaishali, the most influential democracy of ancient India. Amrapali
was forced to be a ‘Nagar Vadhu’ meaning ‘wife of the city’, a
prostitute, by order of Parliament.
The Buddha never looked down upon sex workers.
On the contrary he provided a chance for them to go into the
correct path in the same manner as anybody else. When he accepted
the invitation from Ambapali for lunch; the Licchavi princes
offered an invitation too. He declined it honouring Ambapali’s.
Jivaka, the Buddha’s physician was mothered by a prostitute. He was
never grimaced upon for his birth. There are many instances where
prostitutes attained enlightenment, after being diligently
practised Dhamma. In fact, the experience of a prostitute might
help her towards illumination sooner than others. Although
cherished as the original expressions of the Buddha, these
teachings were preserved vocally for about four centuries before
being scripted, providing many openings for some passages to be
intentionally or inadvertently ‘corrected’ by people less
enlightened than the Buddha.
Legal dimensions of sex work
Exchange of sexual services for money is legal
in England, but a few related activities, like soliciting in a
public place and owning or managing a brothel and pimping are
crimes. Pornography is legal in the USA, but prostitution is
illegal in most States. However, in other nations, both
prostitution and pornography are illegal; whereas, in some both are
legal. However, those who oppose the legalisation of the sex trade
argue that it is naturally unfair and can never be practised in a
way that compliments the rights of those who engaged in it. The
World Health Organization recommends decriminalization of sex work.
A recent WHO report says, “Violence against sex workers is
associated with inconsistent condom use or lack of condom use, and
with increased risk of STI and HIV infection. Violence also
prevents sex workers from accessing HIV information and services.”
The Lancet, the top medical journal published
that there is “no other option” to decriminalization of sex work in
order to protect participants from HIV. Rhode Island legalized
prostitution in 1980 by accident. When lawmakers deemed the State
statute on prostitution to be overly broad they unintentionally
removed the part defining the act itself as an offence while trying
to revise it; they didn’t realize the error for two decades. This
caused the new cases of gonorrhoea among women statewide to decline
by 39%, over the next six years. Interestingly, sexual brutality
also declined by 30%.
As a first step, the health and law
enforcement authorities may carry out a research on the local sex
trade prior to introduction of guidelines regulating the running of
‘ill-famed’ houses - the legal draughtsman could prepare the basic
structure for liberalizing the trade on lines of similar
legislation in other nations. The indecencies are not prostitutes;
it’s the poverty which is indecent, and the criminal unreliability
of the rulers who make this poverty a deadening
certainty.