 CONCEPT OF HUMAN RIGHTS

 Human rights are the rights a person has simply because he or she is a human being.
Human rights are held by all persons equally, universally, and forever. “All human
beings are born free and equal in dignity and rights. Human rights are the basic rights
and freedoms that belong to every person in the world, from birth until death.
 They can never be taken away, although they can sometimes be restricted, for example,
if a person breaks the law, or national securities. The basic Human rights are the Right
to life, right to dignity, fairness, equality, respect, and independence.
 Human rights are a concept that has been constantly evolving throughout human
history. The Hindu Vedas, the Babylonian Code of Hammurabi, the Bible, and the
Quran (Koran), are the oldest written sources that address questions of people’s
duties, rights, and responsibilities.

Definitions: - There are some definitions from different jurists: -

 According to Section 2(d) of the Protection of Human Rights Act, 1993: - “Human
rights means the right relating to life, liberty, equality, and dignity of individuals
guaranteed by the Constitution or embodied in the International Covenants and
enforceable by Courts in India.

 According to Dr. Purohit: - “Human rights are the basic values which underlie those
human beings, born in any part of the world, are equal in dignity and rights”.

 Kinds of Human Rights

1) Civil and Political Rights: - Rights contained in the covenants of Civil and Political come
under this category and see their origin in the 13th century in Magna Carta.
E.g.: - Right to life, liberty, right to privacy, right to freedom from torture and inhuman
treatment.

2) Economic and Social Rights: - These rights refer to economic and social rights which are
considered to have originated in the Russian Revolution of 1917 and the Paris Peace
Conference of 1919.
E.g.: - Food, Clothes, House, and an adequate standard of living and
freedom from hunger etc.
3) Collective Rights: - Individuals are also members of such units, groups, or communities
and state, therefore, international law not only recognizes the inalienable rights of individuals
but also recognizes certain collective rights.
E.g.: the right to self-determination, rights to peace and development, etc.

 EVOLUTION OF HUMAN RIGHTS

Magna Carte: - The Magna Carta also known as the “Great Charter”, is a charter of rights
agreed to by King John England, on 15th June 1215, to make peace between the unpopular
king and a group of people, it promised the protection of church rights. The Magna Carta, or
"Great Charter," emerged in 1215 during King John's rule, aiming to resolve tensions
between him and dissatisfied barons. It promised to protect individual liberties and
acknowledged church rights. This crucial document set the stage for constitutional
governance by establishing principles of due process and limiting the king's arbitrary
authority, leaving a lasting legacy in English legal history.

Petition of Rights, 1628: - A statement of Civil liberties sent by the English parliament to
Charles 1. Human rights were improved or enhanced in the petition. The Petition of Rights,
1628, advanced human rights by challenging arbitrary rule. It curtailed the monarch's power,
safeguarded against unlawful imprisonment, and protected property rights. This historic
document laid the groundwork for constitutional limits on authority, contributing to the
evolution of human rights protections.

The Bill of Rights, 1689: - Is a landmark Act in the constitutional law of England that sets
out certain basic civil rights. The Bill of Rights reinforced the concept of parliamentary
supremacy, thereby affirming the role of elected representatives in shaping the governance of
England. It explicitly prohibited cruel and unusual punishments, ensuring a measure of
protection for human dignity.

Constitution of USA 1787: - The Constitution of USA 1787 with amendments in 1789,
1865, and 1869, specified a number of fundamental rights of man. The United States
Constitution was ratified in 1787 with subsequent amendments, including the Bill of Rights
in 1789 and subsequent amendments in 1865, 1869, and 1919, which significantly improved
Bill of Rights (1791), Abolition of Slavery (1865 - 13th Amendment), Equal Protection (1868
- 14th Amendment), Voting Rights (1870 - 15th Amendment, 19th Amendment in 1920),
Expanding Suffrage, Due Process and Equal Protection (5th and 14th Amendments), Labor
Rights (1935 - National Labor Relations Act).
The French Declaration, 1789: - Inspired by the American Declaration of Independence, the
newly formed National Assembly proclaimed the declaration of the rights of men and
citizens. Recognition of Inherent Rights, Liberty, Property, Security, Resistance to
Oppression, Equality Before the Law, Freedom of Speech and Expression, Legal Protections,
and Due Process are some of the many rights given by The French Declaration.

Universal Declaration of Human Rights 1948: This is a historic document that was adopted
by the United Nations General Assembly, UDHR is a milestone document in the history of
Human rights, it sets out, for the first time, fundamental human rights to be universally
protected. The UDHR consists of 30 articles that encompass civil, political, economic, social,
and cultural rights, establishing a universal standard for the treatment of individuals by states
and other entities. Additionally, the UDHR addresses economic and social rights, including
the right to work, education, and an adequate standard of living.

International Covenants 1966: - The United Nations General Assembly adopted two
covenants on 16th Dec. 1966, the International Covenant on Civil and Political Rights
(ICCPR) and the International Covenant on Economic, Social, and Cultural Rights
(ICESCR). The International Covenants on Human Rights, adopted in 1966, consist of two
main treaties: the International Covenant on Civil and Political Rights (ICCPR) and the
International Covenant on Economic, Social, and Cultural Rights (ICESCR). Together, they
substantially improved human rights by providing a comprehensive and legally binding
framework on the global stage.
What is Prostitution?
 Prostitution is a gendered, sexualized, and racialized working system which means that it
typically involves the exchange of sex services for money or other benefits. Prostitution
involves both women and men in many different forms including; call girl jobs,
convention sex workers, apartment sex workers, hotel sex workers, house sex workers,
bar girls, streetwalkers, and parking lot lizards.
 When people look at real life in their experience, they come to know that sex workers,
those involved in Prostitution are doing jobs to earn money without begging but still they
are not recognized in society due to their morals and mindsets. In prostitution, 98% of the
people involved are women and 99% of the buyers are men.
 Prostitution is welcomed sexual advances, requests for sexual Favors, and verbal or
physical sexual conduct as the sex workers do not get to frame the boundaries. 63% of
women in prostitution experience rape and 73% of women experience violence. These are
not job hazards. It will be sexually and physically assaulted and will suffer mental and
emotional trauma; this is not a job. It is a violation of human rights.
 Legality Related to the Prostitution or Sex Workers in India
According to the Indian Penal Code, Prostitution in its broader sense is not really illegal per
se but there are certain activities that constitute a major part of Prostitution as punishable
under certain provisions of the Act such as:
  Request services for Prostitution in public places
 Carrying out prostitution activities in hotels
 Being the owner of a brothel
 Indulge in prostitution by arranging a sex worker
 Arrangement of a sexual act with a customer

 Immoral Trafficking (Prevention) Act, of 1956

The Immoral Trafficking (Prevention) Act, of 1956 is famously referred to as SITA. This
law essentially states that sex workers will be allowed to commence their trade in Private but
they cannot carry their business in public. If this business is carried out in a public place, then
who will be entitled to get punished?
Some key Pointers have been stated below-
 Prostitute may be punished- A Prostitute or sex worker should not indulge in
commercial sex within 200 yards of a public place. Prostitutes are to be arrested if
they are found requesting their services or seducing others in public. Call girls are
prohibited from making their phone numbers public. They can be punished for a
period of six months if they violate these prohibitions.
 Client who is seeking that service- As per the Immoral Trafficking Act, the clients
may be arrested if found guilty of engaging in a sexual act in public. Clients indulging
with a sex worker within the area of 200 yards of a public space can be imprisoned for
a maximum of 3 months with fines. If clients are found indulging in a sexual activity
with a minor then he/she can be imprisoned up to a time period of 10 years.
 Middle man may be punished- Pimps and similar people who live with the income
made by a prostitute working under them are guilty as per Immoral Trafficking Act.
Sex workers cannot be put under the ambit of the existent labour laws considering
how distinguished their profession is.

 Critiques and several comments on this Act such as: -

 It discriminates against the victims themselves. It has mostly led to victims being
punished instead of criminals. It is considered immoral or illegal and sex workers are
regarded as obscene solely because of how sex is a major taboo in our society.
 A Special Rapporteur by the United Nations on violence against women stated that
“measures to address trafficking in persons should not overshadow the need for
effective measures to protect the human rights of sex workers”. This special
Rapporteur has also called for a review of the Immoral Traffic Prevention Act, 1956
in India.
  UN resolutions, international agencies, and commissions have stressed making special
rights based on the response of sex workers and the need to protect rights not only by
decriminalizing sex work but also by eliminating the unjust application of non-
criminal laws and regulations against sex workers.
 The Independent Commission on AIDS in Asia, the UN Special Rapporteur on the
Right to Health, the Global Commission on HIV, and UNDP Asia Pacific have
recommended the decriminalization of sex work involving consenting adults.

 Landmark Judgements regarding Prostitution.

 State of Uttar Pradesh v. Kaushalya: This case is related to Article 15 of the Indian
Constitution which is a right against discrimination. In this case, the Allahabad High
Court held Immoral Trafficking Act to be constitutionally valid as there was an
understandable difference between a prostitute and a person causing a nuisance. The
act is also in agreement with the object it aims to achieve, i.e., maintaining order and
decorum in society.
 Budhadev Karmaskar v. State of West Bengal: In this case, the Supreme Court held
that sex workers are human beings and should be treated with humanity and dignity
according to Section 21 of the Indian Constitution. Nobody has any right to assault or
murder a sex worker.

 Prostitution policies in different countries

 Countries where prostitution is illegal

China, Egypt, Iran, Iraq, South Korea, South Africa, United Arab Emirates,
Countries where prostitution is limitedly legal
Australia, Canada, France, Japan, the United Kingdom, United States of America
Countries where prostitution is legal
Germany, Mexico, India, Indonesia, New Zealand, Singapore

Percentage of the population for prostitution Is legal, Illegal, Limited legal.

Human rights of homo sexual