In Bhutan, the discussion around sex work has been virtually non-existent in national spaces and the casual conversations when they do occur are limited and primarily centered on criminalisation. Advocates who muster up the courage to discuss the subject are usually accused of ‘promoting sex work’ or are asked ‘are you trying to push our daughters into sex work’. The Penal Code of Bhutan 2004 criminalises sex work under Section 373 ‘A defendant shall be guilty of the offence of prostitution, if the defendant offers, agrees to engage, or engages in sexual conduct with another person for money or property.’ In addition, promotion of prostitution under Section 375 and patronising a prostitute under Section 377 are also illegal. This is a full criminalisation model, i.e., criminalising all parties involved to address sex work with the aim of reducing or eliminating it. However, an estimate by Khandu et al (2021) found that there are about 597 sex workers in the country which indicates the law has not been successful. Therefore, it is time to revamp the model by decriminalising sex work to offer a more humane and equitable approach in order to address the challenges associated with it and improve the wellbeing of sex workers.
The main focus has been on demonising sex workers and the ethics surrounding the profession which often neglect other parties involved—those who buy sex or promote its sale which are also illegal in the country. Although the issue is more complex than it seems, it is more essential to include those who demand and promote sex work in the dialogues regarding criminalisation of sex work. Countries like Sweden, Norway and Canada have switched to Nordic framework which aims to reduce demand by criminalising purchase and promotion of sex work, and not sale of it while several others advocate for full decriminalisation. Instead of continuing with full criminalisation or prohibitionist system, sex workers in Bhutan are advocating for the adoption of the abolitionist approach., i.e., to decriminalise sale and purchase of sex work, and criminalise third parties to ensure their safety, reduce stigma, and focus on addressing the systemic issues that contribute to their vulnerability without penalizing individuals engaged in consensual sex work. Amid ostracisation and accusations, the group’s rationale behind decriminalisation of consensual sex work are to improve access to services (including legal), implement socio-economic interventions, monitor human trafficking, and make sex workers an equally productive citizen who usually falls through the cracks of government systems.
I choose to use the term “sex work” instead of “prostitution” to reflect a respectful perspective, and importantly to honor the agency of the sex workers. Sex work is not, nor should it be viewed as a euphemism for prostitution. “Sex work” is the appropriate term to accurately define the profession, a term first coined by Carol Leigh in 1978. This is also the kind of language the actual sex workers in Bhutan prefer which I validated after meeting some of them over the years.
It is of utmost importance to distinguish consensual sex work from human trafficking because conflating the two leads to harmful policies. While some opponents of decriminalisation argue that it could increase trafficking, research shows that decriminalising consensual sex work can actually help monitor and combat trafficking more effectively. A common misunderstanding is that the industry breeds trafficking when in reality the issue of trafficking should be viewed as a separate issue from the regulation of industry which through law enforcement can better target criminal activities without penalizing consensual sex workers. Moreover, sex workers are usually not comfortable seeking medical help or even reporting violence due to the fear of repercussions, but if sex work is decriminalised, it could remove such barriers and improve their health and safety. As a profession, sex workers can also participate openly in the formal economy which would allow them to contribute through taxes and regulated services. The government can regulate working conditions whether they are paid fairly or work in safe environments by bringing sex work into the legal framework. This can also lead to more reliable data on the industry which would allow for better-targeted social services and health interventions. As sex workers gain legal status, they can access labor rights and protections, which are often denied to them under criminalisation models.
The only Sex Workers’ group in Bhutan called Red Purse Network (RPN) has remained in hiding since they decided to come together in 2019. They have over 150 registered members who are all female sex workers from all over the country, mostly concentrated in the capital city and along the border towns. The co-founders of RPN noted that the number of sex workers increased following the government’s decision to close down drayangs (entertainment clubs where [mostly] women danced on request) in January 2022. Ironically, the government shut down these establishments because they believed they were associated with or facilitated sex work. The group explained that, although there were sex workers working in drayangs but the number of sex workers employed in the dyarangs stood at 28.2 percent out of 245 girls surveyed in 2015. Those who were involved in sex work from drayang were only seeking for clients whenever they were in need for money. However, due to complete shutdown of this venue, resulting in girls losing their livelihood further drove them to work full time as sex workers.
Furthermore, the group has observed an increasing number of young people including minors who are entering sex work post-pandemic. This surge is occurring in part because of the government’s decision to revise of operating hours for the entertainment venues with more young people turning to sex work to sustain their nightlife.
Several case studies on sex workers by RPN captures many challenges such as discrimination and stigma in the society, and violence and exploitation; a global study revealed that sex workers face a 45-75 percent more risk of experiencing physical and sexual violence at work (Deering et al., 2014). There are also issues of limited access to legal protection, a lack of access to education and insufficient support for their mental health. It is also noted that some sex workers are minors which makes them more susceptible to exploitation and abuse. Civil Society organizations and community-based organizations in Bhutan are working closely with sex workers to better understand their needs, and extend support to them.
We all use our bodies and minds in different ways to make a living, which means sex work is not fundamentally any different. Whether sex work is the oldest profession or not, the current realities of sex workers and the need for improved working conditions and legal frameworks are far more important than its origins. The Royal Government of Bhutan has made attempts to include sex workers in their HIV outreach programmes through the Ministry of Health for which RPN is grateful. However, these efforts should be expanded to other socio-economic areas which can only be achieved in the event sex work is decriminalised.
When a country decriminalises sex work, it does not translate to endorsement or encouragement of the profession. Instead, it acknowledges the harsh realities that sex workers face. While there are concerns about decriminalisation, evidence suggests a well-regulated approach whether it is a full decriminalisation or abolitionist approach, can mitigate the risks and result in better outcomes for sex workers. Now Bhutan stands at a crossroads; it can continue its current stance on sex work, while ignoring the issue of violence, substance abuse and trafficking that afflict sex workers. Or Bhutan can work towards decriminalising sex work where it can work together with these people and help them become productive citizens and possibly prevent minors from entering the trade. Bhutan needs to embrace a compassionate and pragmatic approach of decriminalising sex work and lead the way in respecting human rights of sex workers and which will, in turn, give a deeper meaning to the country’s philosophy of Gross National Happiness.
Contributed by Wangchuk Dema