5 points on what the Supreme Court said about sex work in India
There is a ray of hope for sex workers in India, as the Supreme Court has recognised their rights. On May 26, the apex court issued a slew of directions to protect the rights of sex workers in India. The SC is still waiting for the Centre to file its views on the recommendations made by the panel constituted by the court.
SC’s direction comes in the absence of a law to protect sex workers or guide law enforcement agencies.
Supreme Court has ruled that prostitution is a legal profession and sex workers must be treated with dignity
— IndiaToday (@IndiaToday) May 26, 2022
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Here are the five main highlights from the Supreme Court's ruling:
- Sex workers are entitled to equal protection under the law and have the right to live a dignified life under Article 21 of the Constitution.
- Police should not interfere or take criminal action against prostitutes who are adults and are consenting to sex work. The police cannot humiliate, abuse the sex workers physically or verbally or coerce them into sexual acts. The use of condoms by sex workers for health and safety should not be construed as an offence or evidence of an offence.
- A sex worker who complains of crime against her should be given protection under the law like every other citizen, especially if the crime is of sexual nature.
- Children of sex workers cannot be separated from their mothers due to their profession. Police cannot assume that children living with sex workers are trafficked.
- Adult women in shelter homes or corrective homes detained against their will should be released.
The legality of sex work in India:
Sex work is considered to be the oldest profession in the world. However, it has historically and universally come with a stamp of stigma, abuse and ostracisation.
In India, there is no law that says sex work is illegal. However, soliciting sex work in public, prostituting in hotels, running brothels, arranging for a sex worker, or arranging for sexual acts with a customer are all illegal.
Most of the time, it is the sex workers who get trapped in criminal cases are arrested, despite being abused by pimps and clients.
Good tht Indian Supreme Court has decriminalized prostituted women. It shd criminalize pimps & clients. Sex must not be for sale.Prostitution is NOT a profession.Prostitution is just sex slavery& exploitation of women.NOT a choice.When women hv no choice, they go for sex slavery.
— taslima nasreen (@taslimanasreen) May 26, 2022
Now, if these directions issued by the SC are accepted by the Centre, sex workers would be given equal legal protection.
However, the question of implementing the directions remains. Because, despite the law stating that owning brothels is illegal, we see places like Kamathipura, and other red-light districts all over the country still thriving.
On the ground, the reality for sex workers could be very different than what the SC says on paper.
Countries like Germany, Sweden, etc have legalised prostitution to ensure that sex workers have better access to a safe work environment and healthcare.