In a landmark decision recognizing sex work as a “profession” whose practitioners are entitled to dignity and equal protection under the law, the Supreme Court has ordered police to refrain from interfering with or prosecuting adult, consenting sex workers.
According to Article 21 of the Constitution, “every individual in this country has the right to a dignified existence, regardless of occupation,” the court stated.
“Sex workers are entitled to equal legal protection.” On the basis of ‘age’ and ‘consent’, criminal law must apply uniformly in all circumstances. When it is evident that the sex worker is an adult and participating voluntarily, the police must refrain from interfering or initiating any criminal action, a three-judge bench led by Justice L. Nageswara Rao ruled in an order issued after Article 142 of the Constitution was invoked.
Supreme Court: Sex workers should not be “arrested, penalized, harassed, or harmed
The Court ruled that sex workers should not be “arrested, penalized, harassed, or harmed” if brothels are raided, “because voluntary sex work is not criminal and only operating a brothel is illegal.”
The court ruled that a kid of a sex worker should not be separated from the mother solely due to the mother’s employment in the sex trade. The court emphasized that basic protections of human decency and dignity extend to sex workers and their children.
In addition, it should not be assumed that a child was trafficked if it is discovered living in a brothel or among sex workers.
“If the sex worker says that the child is her son or daughter, tests can be conducted to ascertain if the claim is true, and if it is, the child should not be forcefully separated,” the court said.
Medico-legal care
The Supreme court instructed the police not to discriminate against sex workers who file criminal complaints, particularly when the offense committed against them is sexual in character. Sexual assault victims who work in the sex industry should be provided with all available resources, including prompt medical and legal assistance.
“It has been observed that the police are frequently aggressive and violent towards sex workers. “It is as though they are a group whose rights are not acknowledged,” the supreme court stated, calling for greater awareness.
The Supreme court instructed the media to “exercise the utmost care not to disclose the identities of sex workers during arrest, raid, and rescue operations, whether as victims or suspects, and not to print or broadcast any photographs that would result in the revealing of such identities.”
The Supreme court emphasized that voyeurism is a criminal act. The authorities should not interpret measures taken by sex workers, such as the use of condoms, as evidence of their “offense.” The court suggested that the federal government and states must involve sex workers or their representatives in legislative reform.