Ethnography at an Intersection: Law, Anti-Trafficking NGOs, and Prostitution in India

Abstract

For a legal anthropologist interested in how different agents and forms of governance shape projects of sexual humanitarianism, the strategies that US-funded non-governmental organizations (NGOs) use in their attempts to reframe an Indian anti-prostitution law as an anti-trafficking instrument generate broader conceptual questions. How do Indian NGOs articulate donor-driven concerns with the postcolonial socio-legal framework within which they work? What impact do they seek to have on the law, legal system, and legal actors? What, in turn, happens to formal law, which is already shaped by a complex history of legal concerns, moral panics, and NGO intervention (itself authorized by law) in this context? How do law and NGOs shape each other across anti-prostitution and anti-trafficking projects in the overlapping contexts of postcoloniality, globalization, neoliberalism, and sexual humanitarianism in India? How might one explore these intersections and relationships methodologically? I show how ethnography at the intersection of anti-prostitution law and anti-trafficking NGOs illuminates: (1) law’s imbrication in a broader, long-standing, and ever-expanding field of governmental action on prostitution; (2) how NGOs and legal actors act, in tension and in collaboration, upon the perceived “problem” of prostitution; and (3) how anti-trafficking NGOs and anti-prostitution law co-constitute each other as they shape contested meanings around prostitution.