Pinnacle Court identifies sex work as a profession

26-05-2022

Police must refrain from interfering against practitioners of prostitution, they ought to not be arrested, penalised, harassed or victimised through raids on brothels, rules three-judge bench

The Supreme Court, during a historical order, told police that they ought to refrain from interfering and taking criminal action against consenting sex workers, in keeping with indiatoday.in. 

The apex court added that "prostitution could be a profession and sex workers are entitled to dignity and equal protection under the law."

A three-judge Bench under Justice L Nageswara Rao gave six directions for safeguarding sex workers' rights. The Bench said, “Sex workers are entitled to equal protection of the law. legal code must apply equally all told cases on the premise old and consent. When it's clear that the sex worker is an adult and is participating with consent, the police must refrain from interfering or taking any criminal action. It needn't be gainsaid that notwithstanding the profession, every individual during this country has the correct to a dignified life under Article 21 of the Constitution."

The bench added that sex workers shouldn't be arrested, penalised, harassed, or victimised through raids on brothels because voluntary sex work isn't illegal and only running the brothel is unlawful.

A sex worker's child mustn't be empty her mother's care "on the bottom that she is within the sex trade," the court held. “Basic protection of human decency and dignity extends to sex workers and their children,” the it said

The court also instructed cops to not discriminate against sex workers who lodge a complaint, if the offence against them is of sexual nature. Sex workers who are victims of regulatory offense should be supplied with every facility, including immediate medico-legal care.

“It has been noticed that the attitude of the police to sex workers is commonly brutal and violent. it's as if they're a category whose rights aren't recognised,” the court said, calling for sensitisatio

The court added media should take “utmost care to not reveal the identities of sex workers, during arrest, raid and rescue operations, whether as victims or accused and not publish or telecast any photo that might end in disclosure of such identities”.

The bench observed that use of condoms "should not be construed by the police as evidence of offence by sex workers. Sex workers rescued and produced before a magistrate shoiuld be sent to correctional homes for not but two-three years."

"In the interim, the sex workers may well be kept in these homes and if the magistrate decides that the sex worker had consented, they may be let loose," the order stated.

The court has asked the Union govcernmemnt to retort to those recommendations on the subsequent date of hearing which is July 27.

The apex court also added that “utmost care to not reveal the identities of sex workers, during arrest, raid and rescue operations, whether as victims or accused and to not publish or telecast any photos that will lead to disclosure of such identities”.

Voyeurism could be a criminal offence, the court said.

Both the Centre and States must involve sex workers or their representatives within the process of reformation of laws, the court known.