Supreme Court recognises sex work as a profession

On 19th May 2022, SC recognised prostitution/sex work as a profession and also said that sex workers
also entitled to dignity and constitutional rights like other professionals.

“It need not be again said that notwithstanding the profession, every individual in this country is
entitled to live a dignified life under Article 21 of the Indian Constitution” the court observed.

According to Indian Penal Code prostitution is not a crime however activities such as pimping or
renting a placed to run a brothel is punishable. The Immoral Traffic (Prevention) Act, 1956 states that
any sex worker had to maintain a distance of 200 meters from any public place with no public
institutions in sight.

Secretive nature of works tends to think people it as a crime, The police, legal system and legal
personals also contribute in making seeing sex work as a crime. Possibilities of rape, trauma and
violence that a client can cause to a prostitute is often ignored. Moreover, any disease caused by poor
sexual hygiene and menstrual hygiene most significantly HIV-AIDS and cervical cancer does not
receive proper medical attention. Children born in brothels are not easily accepted in schools in a
democratic country where everyone have basic rights these kids and workers are deprived of these
rights.

Legalising sex work can change all this and can help them live a respectable life. Some orders by the
court are as follows-

 The SC has directed that Police should not take any criminal action against consenting sex
workers and adults. Any sex worker should not be arrested, harassed, penalised whenever any
raid takes place in a brothel as running a brothel is illegal not voluntary sex work.
 The police should take complaints of sex workers seriously.
 A child should not be separated from her mother merely on the ground that her mother is a sex
worker.
 Any sex worker victim of sexual assault will be given same medical treatment and services as
any other survivor of sexual assault.
 It won’t be presumed that a child is trafficked just on the basis that he/she is living in a brothel
or with a sex worker.
 SC also directed the media to take utmost care and not to reveal identities of any victim or
accused during raids, arrest or rescue operations and not to publish or telecast any such photos
or videos which would disclose their identities.

These directions by SC are first step towards betterment of sex workers. In a country like India, it will
take time for the society to accept this and treat sex workers equally. India as a democratic nation
constitutionally enshrines justice, equality and liberty for every section of the society. Unfortunately,
sex workers have been structurally kept outside the dimensions of “equal opportunities”. It is time that
such grave disregard for human rights and dignity comes to an end. “Basic protection of human
decency and dignity extends to sex workers also”.