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Sex work is a term used to refer to all aspects of the lawful and unlawful sex industries around the world. Some refer to this same act as prostitution. Over the past few years, however, there have been debates as to whether the term “prostitution” is the proper term to use when the sexual acts are voluntary. Prostitution is the act of selling sex, but it can also imply “a moral judgment, by implying that individuals who sell sex are involved in a practice that is corrupt and so [they] are themselves unworthy .” The key to saying “sex work” is that it differentiates the voluntary act of selling sex on behalf of the workers from sex trafficking, and it takes out the moral judgment behind the concept of prostitution. Sex workers include men, women, and transgendered persons who offer sexual services in exchange for money. There are various forms of prostitution and sex work, and can either be physical or verbal forms. This article hopes to distinguish the differences between the issue of sex trafficking, or prostitution, within Nepal, and the unrecognized, voluntary labor field of sex work.

Though prostitution in Nepal is illegal, thousands of prostitutes work in Kathmandu, the capital city of Nepal. There is no record of whether these workers voluntarily or involuntarily offer their services for money, but investigations have evidence of both within Kathmandu. There are a number of massage parlors in Thamel, a tourist area of Kathmandu, where sex for money is easily available. Girls can be easily picked up from dance bars in Kathmandu. Another form of prostitution is in cabin restaurant where clients go and drink with girls, afterwards clients pick out a girl and leave with her to have sexual encounters with her for money. Sex workers can work anywhere from these places mentioned, to brothels, bars, in their homes, or on the streets.

Reasons for Entering the Sex Industry
For many, entering into the sex industry is the only way in which they could survive in Nepal. However, sex work is not officially recognized among the industrial or service sectors of labor. There is a large case of sex trafficking in Nepal, but voluntary sex work is more common than many believe.

Among the developing poor nations throughout the world today, Nepal remains one of the most poverty-stricken, with a Human Development Index of 0.458. Due to this high rate of poverty, the rural poor Nepalese people generally have large families, are landless or have very small landholdings, have high rates of illiteracy and are concentrated in specific ethnic, caste and minority groups. These many issues of poverty contribute to the reasons that men, women, and transgenders 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 to rise in the social caste system, so the only option left for them is going into sex work. Nepal, like many other Southeast Asian countries, has a limited amount of resources for women. Recently, the Nepalese government has recognized more rights for women in terms of family involvement, physical integrity, ownership rights, and overall civil liberties. 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. Women constitute a majority of these sex workers, because they rarely have any opportunities otherwise. These women feel empowered by the work that they do, in the sense that they can better provide for their families, and be seen for something other than what society treats women.

Consequences of Sex Work
Sex work in Nepal can be a short-term relief to the poverty and struggles encountered by these hundreds of women on a daily basis. The long-term effects bring a new perspective to sex work, and are a big part of the argument against sex work.

Short-Term Consequences
Many people go into the sex work field in hopes of finding a better opportunity for their families and for themselves. This is especially true in Nepal, which is ranked as one of the most poverty-stricken countries in the world. Because sex workers usually belong to the lower castes of the caste system within Nepal, 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. In the short-term, going into the sex industry is a logical solution, especially since the money that many of these sex workers make can go towards the improvement of their families.

Long-Term Consequences
Sex workers are exposed to a variety of serious risks, including: sexually transmitted diseases, a decrease in security, and a loss of human rights.

Sexually Transmitted Diseases
Nepal faces increasing HIV prevalence among most at-risk populations (MARPs) such as sex workers, injecting drug users (IDUs), men who have sex with men (MSM), and migrants. Since 1988, when the first case of AIDS 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 70,000 people were living with HIV at the end of 2007.

Compromised Security
The empowerment of women through sex work can sometimes end with an unexpected turn. Although some women go into the sex industry voluntarily, they end up being taken into the larger sex trafficking scene to India and surrounding areas. Human trafficking in Nepal of women and girls to India is a major problem which has made international news. Human trafficking of women and girls to India is a major problem which has made international news. Every month 7,000 Nepali girls are trafficked to India where they are forced into prostitution, the government has said. Nepalese women and girls, especially virgins, are favoured in India, because of their fair skin and young looks. Over 40% of 484 prostituted girls rescued during major raids of brothels in Mumbai in 1996 were from Nepal. Aside from being kidnapped into the trafficking scene, sex workers run a 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. These people deserve protection against harm, just like those that are taken into the trafficking scene.

Loss of Human Rights
With the risk of living a life in the sex industry, comes the risk of losing human rights. Sometimes the industry is run by organized crime. It often involves corrupt officials and police. This puts women sex workers in vulnerable positions because the institution mandated to protect people either ignores their problems or takes part in the abuse. If sex workers were to challenge the authority of these officials, even if with their own bodies, they are running the risk of being punished within the community and even the law. This is another controversial issue, in that the suppliers are always the ones being punished, while the demand sector of this industry seems to get away with their equally incriminating actions.

Government Policies
Although there is no specific law in Nepal criminalizing sex work specifically, there are some laws that were enacted throughout the 1980s that criminalize trafficking and prostitution within and outside of Nepal. Many of these laws are sometimes interpreted to accuse sex workers as well, which again comes from a lack of knowledge in the distinction between involuntary and voluntary sex workers. Authorities and laws trying to stop true slaver—trafficking—get misapplied to sex workers, clients and others involved in the sex industry.