New Delhi, 26.5.2022, Thursday
The Supreme Court, in a
historical order, told police that they should refrain from interfering and
taking criminal action against consenting sex workers, according to
indiatoday.in.
The apex court added that
"prostitution is 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. Criminal law must apply equally in all cases on the basis of age and
consent. When it is 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 need not be gainsaid that notwithstanding the profession, every
individual in this country has the right to a dignified life under Article 21
of the Constitution."
The bench added that sex
workers should not be arrested, penalised, harassed, or victimised through
raids on brothels because voluntary sex work is not illegal and only running
the brothel is unlawful.
A sex worker's child should
not be deprived of her mother's care "on the ground that she is in 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
not to discriminate against sex workers who lodge a complaint, if the offence
against them is of sexual nature. Sex workers who are victims of sexual assault
should be provided with every facility, including immediate medico-legal care.
“It has been noticed that the
attitude of the police to sex workers is often brutal and violent. It is as if
they are a class whose rights are not recognised,” the court said, calling for
sensitization.
he 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 would result 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 less than two-three years."
"In the interim, the sex
workers could be kept in these homes and if the magistrate decides that the sex
worker had consented, they could be let out," the order stated.
The court has asked the Union
govcernmemnt to respond to these recommendations on the next date of hearing
which is July 27.
The apex court also added that
“utmost care not to reveal the identities of sex workers, during arrest, raid
and rescue operations, whether as victims or accused and not to publish or
telecast any photos that would result in disclosure of such identities”.
Voyeurism is a criminal
offence, the court said.
Both the Centre and States
must involve sex workers or their representatives in the process of reformation
of laws, the court pointed out.