K.

HARI HARA SUDHAN

Assistant Professor
School of Law, Vel Tech
Khariharasudhan8@gmail.com
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Born in Brothels: The Hurdle of Providing Education to the
Children’s of Sex Workers
Abstract
“The Best Way to Create your Future is to create it”
- Abraham Lincoln

Prostitution and sex work are professions that diminish all fundamental human rights. Social
workers and activists have focused a lot of attention on the issue of prostitution and sex
trafficking in recent years to let people know that these people are also a part of society.
However, the efforts to combat the negative perception of prostitutes are still woefully
inadequate. India may be growing economically in the twenty-first century, but it cannot
disregard the need for justice, human rights, and the preservation of inter-state harmony with
regard to status, gender, age, and employment. We can claim that the life of a prostitute and
their child is subject to a poor standard of living due to the social stigma associated with
ignoring gender equality under Article 14. Society was not assisting him in guiding them
toward their fundamental rights, which include the freedom from psychological torture and
physical and verbal abuse, as well as the right to adequate healthcare, shelter, and education
for their children. Many times, a woman becomes pregnant and the man involved in the child's
conception refuses to acknowledge the child as his son out of fear that society will not accept
him, even though the child is not involved in it. This is because women may start selling their
bodies in the market for money due to a variety of circumstances and helplessness. The essence
of human existence on Earth is children. The society began to deny children the opportunity to
grow, develop, and live in peace and stability. Many nations have laws in place by their
governments that protect and preserve the right of prostitutes. The children born to these
prostitutes have no future; their living conditions in terms of health, education, and nutrition
are appalling. Peer pressure from society has an effect on their way of life; a girl child turns
him to prostitution, and a boy youngster begins to engage in criminal activity. To Ensure,
Analyze and to Eradicate the hurdles faced by the Children’s, the National Commission for
Protection of Children has Published various reports and Schemes for the Children. We will
discuss in detail in the Upcoming Article.

Keywords: Sex Trafficking, Prostitution, National Commission for Protection of Children,

Article 14 of Indian Constitution, Right to Education
Introduction
Children are regarded as the country's most valuable resources. They do, however, also
represent one of the most marginalized segments of society. The primary causes of the
weakening of the traditional child protection mechanisms forcing children to become
marginalized are changing socioeconomic dynamics of Indian society, such as the rapid
dissolution of joint family systems, migration, poverty, and the loss of livelihood opportunities
(Udayan Care, 2016, as cited in Naaz and Meenai, 2019, p. 4). Children who experience abuse,
exploitation, or neglect are considered vulnerable (UNICEF, 2010). The children that make up
the CoSW are typically extremely vulnerable in terms of their safety, security, well-being, and
identity. The CoSW's despicable social situation is made worse because the ambiguous legal
standing associated with their work and identity moms. In a research study on the offspring of
sex workers, Shohel According to Mahruf (2013) and others, the CoSW are not included.

Selling a body is considered immoral in Indian society, which ignores the right to own one's
own body. We obviously don't know when prostitution started to become a business. Despite
their right to do so, society discriminates against them. According to the 2007 analysis report,
800,000 sex workers in some major cities such as Delhi, Kolkata (the largest red-light district
in Asia), and Sonagachi continue to make their living through prostitution. The majority of sex
workers are victims of trafficking and abuse. Gender equality under Article 14 and the dignity
of women who choose this trend as their bread and butter are ignored by the social stigma and
hierarchy. We portray their line of work as a low quality of living. Their disavowal of
fundamental rights, such as the freedom from physical and psychological abuse, proper
healthcare, sanitization, shelter, and social security, is ultimately caused by societal
imperfections.

The commercial prostitution market begins at midnight and ends at dawn. The children born to
these sex workers have no future; they live in the worst conditions possible with regard to
access to food, health, education, and happiness. They lose their childhood watching those male
customers enter the brothels and sometimes witnessing everything that goes on inside. They
suffer from stress and mental trauma. When they grow up, the girls become prostitutes and the
boys become pimps because they have no one to turn to for help. Prostitution is comparable to
other professions in that it is a legitimate career path with potential for financial gain. It might
not be flawed in any way. Furthermore, although prostitution is legal in India, there are some
actions that are prohibited under the Indian Penal Code, including asking for services from
prostitutes in public areas and engaging in prostitution-related activities in hotels. According
to the Immoral Traffic (Prevention) Act of 1956, prostitutes are permitted to start their
businesses in private but are not permitted to do so in public. While the issue here is not sex
commerce, the fact that children are involved in the activity has serious consequences.

Growing up in a brothel and the difficulties faced by the Children’s of Sex Workers

A youngster raised in a brothel does not experience a typical childhood. A child requires
an atmosphere that is both protective and caring, one in which they are free to exist and receive
all the resources they need to grow and learn. Unfortunately, though, these kinds of rights are
not available to children living in bagnios. The kids don't know who their father is because, as
has been observed in multiple instances, their moms would rather keep it a secret. As a result,
the child grows up in a setting where they are unable to receive parental support and direction.
They never encounter the morals, affection, and empathy that a youngster growing up in a
typical home does. These kids grow up in a very poisonous and traumatic environment, and the
brothel itself dominates their daily existence. The life of a child in a brothel is unfathomable.
Living in a massive cement condominium with separate rooms designated for sleeping and for
sex, the children and their mothers occasionally share a single room. Here, in front of their
children, dozens of women go to sleep, wake up, eat, and engage in soul-cracking commerce
with a constant stream of males.
Prostitutes' children have the wretchedest childhoods. These difficulties start while the infant
is still inside its mother's womb. These women work until the fourth or fifth month of
pregnancy; many have even been known to entertain clients in the latter stages of their
pregnancies. Children who are exposed to STDs are particularly susceptible to contracting
them. They have very little access to healthcare facilities. The hospital administration won't let
them use their services, even if they are offered remotely, as they work in the sex trade. Given
that those women only charge between Rs. 200 and Rs. 500 per customer and have several days
without any business, one can only fathom the extreme poverty of these women. Children of
the impoverished yearn for three meals a day. Learning is a far-off dream.
The atrocities continue even if those kids manage to go to school occasionally. A National
Commission for Protection of Child Rights (NCPCR) report claims that children of sex workers
face harassment, bullying, and discrimination at school due to their origins. These children are
also not easily accepted by their peers. They remain miserable and cut off from society at large
as a result of all of this. As a result, kids are easily exposed to criminals and dangerous men
that frequent their neighborhood, which causes them to grow up adopting negative behaviors
like drug addiction, theft, and robbery. The guys become pimps, robbers, drug dealers, and
other criminals, while the girls grow up as sex workers and victims of human trafficking, their
childhoods left shattered and with no other choice.
In order to support their family, those in the prostitution industry typically are unable to provide
for their families. Red light districts are undoubtedly unsuitable for any child's welfare and
development, as evidenced by the frequent abuse and mistreatment of children of sex workers
who reside there. In addition to receiving an inadequate education, children also live in
extremely poor conditions without access to adequate housing, food, and clothing. The
heartbreaking scenes in which we witness the clients of the prostitute verbally and physically
attack the girl child who works as a prostitute, severely harming the girl child's mental state.
Many kids come into contact with the contagious illness, and they hardly ever have access to
any healthcare services. Even if it is feasible, the hospital administration forbids them from
entering and denies them access to complete medical care because they are involved in the
prostitution industry. Numerous reports[ii] claim that children of prostitutes were denied entry
to schools or, if they were, subjected to abuse, bullying, and discrimination because they were
perceived as belonging in a different social class than other students.
Many of the children of prostitutes developed negative habits, became intoxicated, or began
abusing drugs as a result of this exploitation. Due to the fact that prostitutes' children were not
receiving the respect they should, a large number of women choose to abort their children or
marry them when they are still very young, which contributes to the rise in child marriages.
Due to their stressful environments, it has become normal for young kids to experience
emotional stress, which over time can have an impact on their mental and occasionally even
physical health. The birth of a prostitute's child is viewed by society as a curse, and if the infant
has any problems, his lifestyle is considered worse than that of an animal. Although the
mainstream view regards prostitution as a social evil, sex workers are seen as having immoral
qualities. The child's existence is the only thing that is in doubt. When given options in life, the
child never chooses to become a prostitute and is never born into one. Then, why does society
reject the child as being illegitimate and keep quiet as the youngster dies of natural causes.

Education of the Children of sex Workers and their Impediments

Many children of prostitutes still harbor the goal of receiving a good education. Most
children, especially girls who are the offspring of prostitutes, are unable to receive an education
because they are constantly afraid of society. In certain cases, even if they manage to enroll in
school, they are forced to leave because society constantly reminds them that they are not
socially acceptable. The majority of the time, prostitutes lack the funds to cover their school
tuition; if they do, they are instructed to make alternative payments, and the children suffer for
the same reason. Giving them access to free education and skill-building opportunities will be
a helpful start in helping them escape this cruel condition and enhance their standing in society.
We can argue that education is the key to changing how society views prostitutes and their
offspring. Additionally, if prostitutes' children pursue an education, they will be able to support
their families financially and leave this demeaning profession with ease.
Giving their kids an education guarantees that those youngsters who attend school on a regular
basis can be tough. Slum communities may have a higher likelihood of low attendance and
student dropout rates. In addition, these children of prostitute’s face prejudice and are placed
last on the list for their mother's employment. Teachers in educational institutions also give
those kids criticism. Even in this day of women's empowerment, child sex workers still endure
mistreatment. The National Commission for the Protection of Child Rights (NCPCR) made
certain assumptions in order to provide such children with care and safety. The judiciary has
the authority to mandate that they be placed in segregated schools and hostels where they won't
experience prejudice or seclusion.
A Public Interest Litigation (PIL) was brought about the rehabilitation of children of sex
workers in the case of Gaurav Jain v Union of India, AIR 1997 SCC 114. The petitioner did
not receive a favorable ruling. It was decided that offering those kids separate schools and
dorms could not be justified. However, kids cannot be left out in a toxic environment where
there is a potential for harassment and abuse of girls. And it was determined that the State and
all other volunteer non-governmental organizations had a duty to assist in the rehabilitation of
prostitutes and their offspring so they could live a life of dignity, receive an education, and
receive financial support so they wouldn't become involved in prostitution again.
In Vishal Jeet v. Union of India and Ors, AIR 1992, the court ordered the creation of a
committee to obtain a thorough report regarding the problems raised by the sex workers'
children, even if the case's ruling did not address their rehabilitation.

Constitution and The Social Reality

All of the essential rights guaranteed to all Indian citizens without exception are enumerated in
the Constitution. A few articles of the constitution are specifically dedicated to the welfare of
children, as stated in Article 211, which declares that every human has the fundamental right to
exist in dignity and in personal liberty. Under Article 15(3)2, the Government may make special
accommodations for children. Additionally, Article 243 forbids children from working in any
hazardous industry, while Article 234 attempts to shield children from abuse and human
smuggling. Article 21 guarantees every child, taking into consideration their development, the
right to an education as a fundamental human right. Part IV of the Indian Constitution contains
the Directive Principles of stipulate Policy (DPSP), which stipulate that the State must
safeguard children from material and moral abandonment and offer opportunities and resources
for their healthy development.
It is significant to note that none of the national policies or laws that the Indian government
passes or upholds address the needs and rights of children born in red light areas. Instead, the
government establishes commissions to oversee and manage the enforcement of these laws.
The majority of people classify these kids as "marginalized" or "disadvantaged" kids. As per
Article 15(3), children born in the red right region are considered to be in a different category
and require mainstreaming to safeguard their childhood. Although the State has the authority
to undertake this task, it has not been carried out thus far. Because of the societal boycott of
children born in red light areas (i.e., the children of prostitutes), traditional thought views
"prostitution" as a criminal act that violates Article 175 guarantee against untouchability.
Natural justice principles are violated by untouchability, which aims to degrade human dignity
and instill sentiments of inferiority. Untouchability also includes denying and depriving
children of prostitutes of their fundamental rights and classifying them as illegitimate and
unsuitable to remain in society.
Due to their mothers' occupations and the place of their birth, children born into brothels are
subject to discrimination. All children have certain fundamental rights, regardless of whether
they are born in a brothel or not. One such right is the right to develop, of which education is a
crucial component. The right to survive, which covers identity and the availability of food and
nourishment, is an additional right. Article 21 itself implicitly guarantees these children the

1
Article 21 of The Constitution of India
2
Article 15(3) of The Constitution of India
3
Article 24 of The Constitution Of India
4
Article 23 of The Constitution of India
5
Article 17 of The Constitution Of India
right to health, which they are denied. right to protection against society's harmful and negative
components. These are the fundamental rights that every child ought to be granted. The
Immoral Traffic (Prevention) Act of 1956 is the piece of legislation that safeguards parents
who operate in brothels with their children. However, this statute did not fully address the needs
of prostitutes' children. In 2018, this statute was modified, and the Immoral Traffic (Prevention)
Amendment Bill, 2018—which addressed the problem of child trafficking—was approved by
the Lok Sabha. The goal of Articles 39(e) and 39(f) of the Directive Principles of State Policy
is to advance children's welfare. The former piece strives to protect children—both male and
female—from abuse, while the later emphasizes the importance of giving kids the chance to
develop in a safe environment.
JUDICIAL DECISIONS ON THE ISSUE
The Supreme Court has rendered landmark decisions protecting the rights of children of sex
workers and ordering the government to support their growth and rehabilitation. The Supreme
Court noted in the case of Gaurav Jain v. Union of India6, that the state has a duty to uphold
the rights of these children and held that they have a right to equality of opportunity, dignity,
care, protection, and rehabilitation so that they can integrate into society without facing
discrimination or stigma. The government must assist the development and rehabilitation of
children whose parents are sex workers, according to key rulings from the Supreme Court. In
the case of Gaurav Jain v. Union of India, the Supreme Court ruled that the state had an
obligation to protect these children's rights and that they are entitled to equality of opportunity,
dignity, care, protection, and rehabilitation in order to enable them to assimilate into society
without encountering prejudice or stigma. For these kids who could be abused or abused
sexually, the verdict offers hope. In ABC v. The State (NCT of Delhi)7, the Supreme Court
ruled that a single woman raising her child alone is the child's only parent for all legal reasons
and that the mother cannot be forced to tell their children who their father is. The Supreme
Court argued for changes to sections 375 and 376 of the prevent sexual abuse of children in
another case, Sakshi v. Union of India8. For these kids who could be abused or abused
sexually, the verdict offers hope.
CONCLUSION AND SUGGESTIONS
No child should have to endure the horrible experience of living in a brothel. The youngsters
are always in danger of being influenced by the negative aspects of society, and they have no
dreams or future. Some children's fundamental rights, like the right to develop in a safe
environment, are being violated. Various non-governmental organizations have made
significant efforts to improve the lives of these children, with some degree of success. These
non-governmental organizations have been giving the children a chance to leave the brothels
and live their lives to the fullest in the outside world. Still, more needs to be done to improve
the children's quality of life. Actions like tightening the current legislation must be taken. In
addition, the three Rs—raid, rescue, and rehabilitation—must be taken into consideration by
the system. A legislation should be created to ensure that these children are placed in foster
homes; this law should also specify the guidelines for granting these children access to foster
homes, which will offer them the ideal environment for their upbringing. Numerous instances

6
Gaurav Jain v. Union of India, (1997) 8 SCC 114
7
ABC v. State (NCT of Delhi), (2015) 10 SCC 1
8
Sakshi v. Union of India, AIR 2004 SC 3566
of prejudice against these children have also been documented; the system must guarantee that
these children receive the same care and attention as other children, and a culture that disavows
the shame associated with being born into a brothel must be established. In its study, NCRB
recommended that children beyond the age of 15 could get vocational training, life skills, and
support until they are able to find employment or become self-sufficient. Realizing that we, as
citizens, have a part to play is also crucial. In addition to addressing our prejudices and attitudes
toward this community, we need to endeavor to eradicate the societal stigma that surrounds
this line of employment. Since children are our nation's future, it is on to us as a society to
ensure that they have equal opportunities to develop, take off, and soar.
There is some suggestion or precaution we have to take:
1. For prostitutes and their children to be better off in society, the Indian government ought to
enact new laws and regulations.
2. And it goes without saying that the Indian government needs to provide new houses and
schools for the children of prostitutes. It should also enforce the new rules thoroughly, with
penalties meted out for any violations.

3. People need to shift their perspective since it is not just the state or government that is to
blame for their backwardness; society as a whole is also to blame for the backwardness of
offspring of prostitutes.

4. In order for the children of prostitutes to participate in society, the government should
grant them some reservations in public offices and educational institutions. As things stand
now, these children belong to the lower class of society, and we must improve their lot before
it gets worse.