Nepal’s sex workers, especially females, continue to face systemic discrimination, criminalization and social stigma despite growing calls for legal reforms and recognition of their rights. A comprehensive report submitted to the Committee on the Elimination of Discrimination Against Women (CEDAW) by multiple sex worker-led organizations and advocacy groups reveals widespread injustices, including arbitrary arrests, police brutality, lack of access to justice and exclusion from healthcare and social security systems.
The report prepared by Sex Workers and Allies South Asia (SWASA), Jagriti Mahila Mahasangh (JMMS), Nari Chetna Samaj (NCS/SWAN) and 17 other grassroots organizations highlights how Nepal’s current legal framework conflates consensual sex work with human trafficking, leading to severe human rights violations. The organizations urge the government to decriminalize sex work and implement policies that protect sex workers from abuse and exploitation.
Sex work in Nepal exists in a legal gray area—it is neither explicitly legalized nor outright criminalized. However, the Human Trafficking and Transportation (Control) Act, 2007 and the National Penal Code treat sex work as an offense by criminalizing solicitation, brothel ownership, and third-party involvement.
The conflation of voluntary adult sex work with human trafficking has resulted in severe misapplications of the law. Many sex workers have been arrested under public decency laws, accused of engaging in trafficking or harassed for merely carrying condoms—often used as “evidence” of solicitation.
According to the report, sex workers often experience arbitrary arrests and detentions, with many routinely apprehended under Section 119 of the National Penal Code, which criminalizes solicitation, and Section 4(1) of the Human Trafficking Act, which wrongfully categorizes all sex work as trafficking. These legal provisions have been widely misused to target sex workers rather than to address actual cases of human trafficking.
Additionally, police extortion and harassment are rampant, with many sex workers reporting that they are forced to pay bribes to avoid arrest. Per the report, law enforcement officers often threaten to expose their identities to families and communities, leveraging social stigma as a means of coercion. This fear of public shaming and familial rejection further isolates sex workers and prevents them from seeking legal protection.
The report also highlights the discriminatory application of laws, where sex workers are frequently targeted under anti-trafficking statutes, while the real perpetrators of human trafficking often evade justice due to weak enforcement mechanisms. Instead of focusing on traffickers, law enforcement prioritizes punitive actions against sex workers, reinforcing a cycle of victimization rather than addressing the root causes of trafficking and exploitation.
“Sex workers are criminalized not because of any harm they cause, but because of moral and social stigma,” says Shanti Tiwari from SWASA Nepal. “This pushes them into more vulnerable conditions, making them easy targets for violence and exploitation.”
The report documents numerous instances of police brutality against sex workers, detailing how law enforcement officers frequently engage in physical and sexual abuse. Many sex workers report being beaten, harassed or even forced to perform sexual favors in exchange for their release. Such abuses not only violate fundamental human rights but also contribute to the deepening stigma and fear within the sex worker community.
Illegal detentions and raids are also common, with more than 55 sex workers forcibly taken to so-called “rescue homes” between 2022 and 2024. These operations, carried out by anti-trafficking NGOs in collaboration with police, often occur without the consent of those being detained. Instead of providing support or protection, these forced rescues further marginalize sex workers, subjecting them to confinement and, in some cases, even mistreatment under the guise of rehabilitation.
Additionally, violations of privacy and forced outings are widespread. “Police officers frequently threaten to disclose a sex worker’s identity to their families or communities as a means of coercion,” Tiwari says. “This tactic not only places sex workers at risk of social exclusion and family rejection but also discourages them from reporting abuses or seeking legal help, effectively trapping them in a cycle of vulnerability and fear.”
The report submitted to CEDAW highlights that over 25 percent of reported violence cases against sex workers in Nepal were perpetrated by police. Another 15 percent involved anti-trafficking NGOs who, instead of assisting victims of trafficking, have been accused of unlawful detentions and forced rehabilitation.
One case study in the report details how a sex worker in Kathmandu was arrested under a public decency law while simply waiting for a bus. She was detained overnight, forced to pay a bribe and later released without any formal charges. “They told me I was loitering and accused me of soliciting clients. But I was just trying to go home,” she recounts.
The report calls for law enforcement reforms, including sensitivity training and legal distinctions between consensual sex work and human trafficking.
Access to healthcare remains a significant challenge for sex workers in Nepal, with many avoiding medical services due to fear of discrimination from healthcare providers. The report submitted to CEDAW highlights several concerning trends in this regard.
One major issue is the denial of medical services, with some hospitals and clinics refusing to treat sex workers once their profession is known. Additionally, many sex workers are subjected to forced HIV testing without their informed consent, violating their privacy and autonomy. Furthermore, sex workers often face difficulties accessing reproductive healthcare, including contraception and safe abortion services, putting them at a higher risk of unintended pregnancies and unsafe abortions.
According to Tiwari, legal barriers prevent sex workers from enrolling in government health programs. “Since citizenship certificates are often required for medical services, many sex workers—who lack proper identification—are denied healthcare altogether,” she says.
One HIV-positive sex worker in rural Nepal was reportedly expelled from her village after her status came to light. “The doctor violated my confidentiality. When my neighbors found out, they forced me to leave,” she shared.
The report recommends that the government implement gender-sensitive health care policies, ensure confidentiality, and remove citizenship requirements for accessing essential health services.
A staggering 63 percent of sex workers in Nepal lack citizenship certificates, rendering them effectively stateless. “Without these essential documents, they face significant barriers in accessing basic rights and services,” Tiwari says. “They are unable to vote in elections, open bank accounts, enroll their children in school or access government welfare programs, further marginalizing them from society and denying them the opportunities that citizenship provides.”
Under the Citizenship Act, a woman can only pass on citizenship to her child if the father is unknown and she provides a formal declaration. This disproportionately affects sex workers, many of whom are single mothers or have been abandoned by their partners. “I wanted to enroll my son at school, but they asked for my citizenship. Without it, he cannot study,” says a sex worker from Nawalparasi.
The report submitted to CEDAW urges the government to reform citizenship laws to ensure that sex workers and their children are not left stateless.
Sex workers and their children face significant barriers in accessing education. Many children of sex workers are denied school admission due to their mother’s profession, while others are expelled if they lack birth certificates. Higher education also remains out of reach for these children as universities require a citizenship certificate for enrollment.
Additionally, Labour Act 2017 does not recognize sex work as a form of labor, meaning sex workers are excluded from labor protections, social security benefits and workplace rights. “The government says we are criminals, but at the same time, they refuse to provide us with alternative livelihoods,” says a sex worker from Kathmandu. “If we are to leave this work, where do we go?”
The submission outlines several key recommendations for the government to address the challenges facing sex workers. These include decriminalizing sex work by removing punitive laws against sex workers, clients and third parties. It also recommends amending trafficking laws to clearly distinguish between consensual sex work and human trafficking. The submission calls for ensuring police accountability by investigating and prosecuting law enforcement officers who abuse sex workers.
Additionally, it emphasizes the need to provide legal recognition and protections, such as granting citizenship, labor rights and access to justice. Finally, the report urges the government to improve healthcare and social security access by removing legal and bureaucratic barriers that prevent sex workers from accessing essential services.
