In a historic move, the Supreme Court issued an order to recognize prostitution as a profession and treat sex workers with dignity.
On the 26th of May, the Apex Court bench comprising of Justices Mr. L. Nageswara Rao, Mr. B.R. Gavai, and Mr. A.S. Bopanna said, “Needless to say, this basic protection of human decency and dignity extends to sex workers and their children, who, bearing the brunt of social stigma attached to their work, are removed to society’s fringes, deprived of their right to live with dignity and opportunities to provide the same to their children.”
The court directed the police to treat sex workers with dignity during brothel raids, saying Prostitution is legal but brothel running is unlawful. The court also said that the police should not file an FIR and harass the workers, protecting the rights of sex workers and their children. The Court said, “not to abuse them, both verbally and physically, subject them to violence or coerce them into any sexual activity.” It further added, “They are a class whose rights are not recognized.”
Meanwhile, the court also issued 10 recommendations of a panel set up on July 19, 201,1 and said, “Notwithstanding the profession, every individual in this country has the right to a dignified life under Article 21 of the Constitution of India. The constitutional protection that is given to all individuals in this country shall be kept in mind by the authorities who have a duty under the Immoral Traffic (Prevention) Act 1956.”
Some of the recommendations include the direction like refraining from legal action against sex workers who are in this profession with consent and an adult. The court also ordered to take strict action if a sex worker files a criminal/sexual/any other type of offense and acts by the law. It further said that any sex worker who is a victim of sexual assault should be provided with all facilities available to a survivor of sexual assault, including immediate medical assistance, by Section 357C of the Code of Criminal Procedure 1973.
Furthermore, the child of a sex worker should not be separated from them just because the parent is in the prostitution profession. The recommendations also suggested keeping the identities of sex workers anonymous from any media exposure in any raid.
With this, the Supreme Court adjourned the matter to the 27th of July.
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