(1) Sex as Work
Context : The Supreme Court has passed an order stating that adult sex workers are entitled to dignity and equal protection under the law
- The apex court, in a landmark decision, has directed the police to respect the rights of consenting sex workers upholding the provisions of the right to a dignified life as enshrined under Article 21 of the Constitution.
- This has been a long-standing demand of the sex workers to get their work decriminalised.
- The court echoed the verdict of the Budhadev Karmakar case that confers on sex workers, the right to live with dignity.
- The Court exercised powers under Article 142 to issue guidelines to recognise the rights of sex workers and to prevent human trafficking till a legislative safeguard is enforced.
- The court has put significant efforts to encourage the government in giving effect to the Trafficking (Prevention, Protection and Rehabilitation) Bill.
The court’s Directive
- The Supreme Court has asked for the government’s response to the decision of recognising the rights of sex workers within a period of six weeks.
- The court has conveyed its determination to uphold the basic protections of human decency and the extension of dignity to sex workers and their children.
- The state governments have been asked to conduct a survey of protective homes under the Immoral Traffic Prevention Act which exemplifies legislation governing sex work in India. This law penalises acts such as running a brothel, soliciting in a public place, living off the earnings of a sex worker and living with or habitually being in the company of one
Road to a compassionate society
- The Supreme Court’s order must ignite a sense of compassion in the civilised society we live in and facilitate the police, media and people to rise above all narrowness and head towards a transformative journey.
- Such a transformed society must recognise the rights of every individual including the sex workers and protect the dignity of all.
- Therefore, it depends considerably on the government to formulate legislation for protecting the legitimate interests of the consenting sex workers, free them from societal stigmas, offer proper health security benefits to prevent the transmission of Sexually Transmitted Diseases, and engage them in the law-making process
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