Sex work is considered as work by the Supreme Court
Abstract
It was an issue for many years for communities who don’t steal anything but they are not treated well in society. Because of their work they do which they earn their livelihood. But now Supreme Court has given all the Fundamental Rights to an adult sex workers.
Laws should be free consenting sex workers from stigma and grant them rights. A long- standing demand of sex workers that their work should be decriminalized has been partially fulfilled by the Supreme Court. The Court passed an order on May 19 that adult sex workers are entitled to dignity as well as equal protection under law.
Directing the police to respect the rights of consenting sex workers. The court observed that “notwithstanding” the profession every individual has a right to a dignified life under Article 21 of the Constitution. It reiterated what the court had ruled in Budhadev Karmaskar(2011) that sex workers are also entitled to a “Life of Dignity”.
Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill
With the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill yet to see the light of day. The court invoked powers under Article 142 to issue guidelines till the legislation is in force. In 2011, it had set up a panel to look at prevention of trafficking, rehabilitation and conditions conducive of sex workers who wish to continue work.
As everyone has the right to choose their own work for running their livelihood as well as earn their basic necessities. It is their choice to work as sex workers no one has this right to abuse them. If anyone has a problem they don’t interfere in their work because they are not interrupting in your life you also need to do the same.
As the court awaits the government’s response to the panel’s recommendations. That adult sex workers should not be arrested or penalised or harrased or victimised. A three judge bench led by justice L. Nageswara Rao did well to direct the police to treat “all sex workers with dignity”. And should not abuse them, verbally as well as physically. Subject them to violence or coerce them into any sexual activity. The court has asked the government to respond to the panel’s suggestion in six weeks.
By holding that basic protection of human decency and digital extends to sex workers and their children. The court has struck a blow for the rights of an exploited, vulnerable section.
Decision of Court help Sex Workers
The brutal and violent attitude of the police toward sex workers; the court said “it is their choice to do whatever they want”. And now it is legal that an adult sex workers should be given all rights as all other citizens have.
Written By: Ashi Dubey
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