Непалдағы проституция: заңдық жағдай және практикасы

Overview of the legality and practice of prostitution in Nepal
Prostitution is illegal in Nepal. The Human Trafficking and Transportation (Control) Act, 2064, Act Number 5 of the Year 2064 (2008), criminalises prostitution and living of the earnings of prostitution by including it in the definition of human trafficking. UNAIDS estimate there to be 67,300 prostitutes in the country.

Although there are no laws in Nepal criminalizing sex work specifically, there are some laws that were enacted throughout the 1980s that criminalize trafficking within and outside of Nepal that are used towards sex work. Many of these laws are sometimes interpreted to accuse sex workers as well, which comes from a lack of knowledge in the distinction between the sex trafficking scene and sex work. Sex work is a term used to refer to all aspects of the lawful and unlawful sex industries around the world. There are various forms of sex work, including physical and verbal forms. This distinction is one that is not truly understood; thus, many of the policies and laws enacted within Nepal against trafficking—many argue—should not be applied to sex work. Authorities and laws trying to stop true slavery—trafficking—get misapplied to sex workers, clients and others involved in the sex industry. In 1986, the Traffic in Humans (Control) Act was passed in Nepal and was aimed at stopping trafficking in the form of prostitution. These issues of poverty are part of why many people, including both cisgender and transgender men and women, go into the sex industry in Nepal. Due to their large families, these sex workers need to find a way to help out within the household. More specifically, there are not many opportunities for the women sex workers, and women in general, to break out of the domestic environment and duties which have left them in poverty, so the only option left for them is going into sex work. However, this does not change the fact that women are still highly underrepresented in Nepalese society, and do not have the same rights that men do. Human trafficking in Nepal—more specifically, sex trafficking—is a common precursor to voluntary sex work. After escaping from the sex trafficking world, women return to sex work when they return to Nepal, Because sex workers usually belong to the lower castes of the caste system within Nepal (a survey conducted by UN Nepal, showed that the majority of the sex workers were from Tamangs and Dalits), India, and other Southeast Asian countries, they feel as though sex work is the only opportunity that they truly have to better their lives and that of their families. The Nepalese caste system makes it very difficult for people of any class to rise up to a higher class. There have been rare instances in which members of a specific class have risen, and even in these cases, the members only rise within their own caste (see also Nepalese caste system). Due to this social trap, sex work is seen as a way to escape from the social organization. Sex work can allow those in lower castes to provide for their family in a different way. Since 1988, when the first case of HIV/AIDS in Nepal was reported, more than 1,750 cases of AIDS and over 11,000 cases of HIV infection were officially reported. Since Nepal is limited in terms of its public health surveillance system, the actual number of infections throughout the country is said to be more. UNAIDS estimates that approximately 30,000 people were living with HIV in 2018. HIV prevalence amongst sex workers was estimated to be 4.2%, compared to 0.1% for the general population

The entry of women into sex work can sometimes take an unexpected turn. Although some women go into the sex industry voluntarily, they can end up being taken into the larger sex trafficking scene to India and surrounding areas. The trafficking of women and girls to India is a major problem which has made international news. Every year, a rough estimate of about 7,000 Nepali girls are trafficked to India, where they are forced into prostitution. Nepalese women and girls, especially virgins, are favored in India, because of their fair skin and young looks (see also Human trafficking in Nepal). Since the policy of an open border between China and Nepal, a large number of Nepalese women in recent years have been sold into prostitution or as brides to Chinese men. Aside from being kidnapped into the trafficking scene, sex workers run the risk of being abused sexually against their will. When things like this happen, it is hard for these sex workers to get protection, because they are seen as criminals. This is one of the reasons that many are fighting to legalize voluntary sex work. Many argue that these people deserve protection against harm, just like those that are taken into the trafficking scene.

When living a life in the sex industry, many argue that the risk of losing human rights is common. Many times, especially in Nepal, the sex industry is run by organized crime. The sex industry contributes between 2–14% of gross domestic product in countries such as Nepal. The United States Department of State Office to Monitor and Combat Trafficking in Persons ranks Nepal as a 'Tier 2' country.