Victims Of Sex Trafficking Kept In Police Custody, Granted Bail 

Sarah Thanawala

Sri Lanka and Human Rights Researcher,

Global Human Rights Defence.

On 30th October 2021, a brothel was raided in Mount Lavinia and the victims of the illegal sex trafficking ring, five Indonesian women, were taken into police custody (Daily Mirror, 2021). Section 360C of the Sri Lankan Penal Code punishes sex trafficking with up to 20 years of imprisonment (Daily Mirror, 2021). Although they were victims who were forced to undergo sex work, the women were being charged under the Brothels Ordinance of 1889 that seeks “to provide for the suppression of brothels”, and to prosecute and punish the “keeper or manager” of a brothel (Brothel’s Ordinance, 1889). Furthermore, despite its Protection of Victims of Crimes and Witnesses Act, the victims were denied adequate protection (Daily Mirror, 2021).

Sri Lankan Courts have often observed that sex work is not illegal, only managing a brothel is liable to be punished (Daily Mirror, 2021). While the victims were produced before the magistrate and eventually released on bail, the police failed to charge the management of the brothel and the owner of the brother is yet to be produced before the court (Daily Mirror, 2021; Colombo Gazette, 2021). 

Sources and further reading:

Brothel’s Ordinance of 28th June, 1889. https://www.srilankalaw.lk/Volume-I/brothels-ordinance.html 

Colombo Gazette (2021, November 4). Mount Lavinia brother owner on the loose. https://colombogazette.com/2021/11/04/mount-lavinia-brothel-owner-on-the-loose/ 

Daily Mirror (2021, October 30). Women rescued from sex trafficking ring. https://www.dailymirror.lk/latest_news/Women-rescued-from-sex-trafficking-ring/342-223677 

Parliament of the Democratic Socialist Republic of Sri Lanka. Assistance to and Protection of Victims of Crimes and Witnesses Act, No.4 of 2015. https://www.srilankalaw.lk/YearWisePdf/2015/ASSISTANCE_TO_AND_PROTECTION_OF_VICTIMS_OF_CRIME_AND_WITNESSES_ACT,_No._4_OF_2015.pdf 

Penal Code of 1991. https://www.srilankalaw.lk/Volume-VI/penal-code-ordinance.html