UPHOLDING RIGHTS AND DIGNITY: ADVOCATING FOR JUSTICE AND EQUILTY FOR SEX WORKERS
- ProBonoLegalBlogs
- Jul 30, 2024
- 7 min read
The Author of this Blog Article is Ms. Priyal Shrivastava, a Fifth year law student pursuing B.A.LL. B, from Chandigarh University.
Abstract
This study examines the legal and sociological issues that Indian sex workers face, with a particular emphasis on recent rulings by the Supreme Court that protect their rights to privacy when cooperating with law enforcement. It criticizes current laws under the Immoral Traffic (Prevention) Act for their part in sex workers' denial of basic rights and the maintenance of stigma. The document emphasizes a human rights viewpoint and calls for legal changes that distinguish between exploitation and consensual sex work. It also calls for better working conditions, nondiscrimination, and access to healthcare. Through an analysis of these problems, the study hopes to advance knowledge of the nuances of sex work in India and suggest avenues for social and legal change.
Introdcution
The rights of sex workers are one of the most contentious and misunderstood topics in the maze-like human rights discourse. When it comes to issues of justice, morality, and autonomy, the opinions and experiences of people who work in the sex industry are frequently ignored, and their rights are actively challenged. But at its root, this is a fight for basic human dignity, agency, and legal equality rather than merely a discussion about the legitimacy of a particular vocation. A comprehensive investigation that goes beyond stereotypes and embraces the complicated realities encountered by people navigating a terrain where vulnerability and resilience overlap is necessary to fully comprehend and solve this issue.
Understanding The Stigma Surrounding Sex Work
West Bengali woman Reshma, 22, is a mother of two children. After her spouse left her, she turned to prostitution in order to secure her financial future. She makes enough money to provide for the needs of her kids. Reshma takes great care to use condoms and is watchful for her personal safety when engaging in sex business. The social ostracism that she feels is one of the biggest issues she faces. Despite this, she chooses not to let it get to her down and is happy that she can provide for her family.
Rehana is a young Delhi-based prostitute. She has four children already and is in great poverty. She is aware that society views women who work in the sex industry with disdain, but she is limited in what she can do because of her family's demands. She is only one of many prostitutes who lead incredibly complicated lives, caught as they are between dehumanizing social conventions and abject poverty.
Rehana and Reshma are two examples of women who exemplify female fearlessness. Like all women, they ought to be shown respect and dignity rather than discrimination and oppression. It is essential that sex workers receive equitable treatment devoid of stigma and discrimination if they are to fulfill their rights. We need to hear their voices. It is imperative that their right to a dignified life be granted.
In India, prejudice and marginalization are frequently caused by the societal stigma associated with sex work. The Indian Supreme Court has stressed the need of eradicating this stigma in order to protect the rights and dignity of sex workers and brought attention to the multitude of difficulties that sex workers encounter, such as limited access to healthcare, social support, and employment prospects.
Case Law: - Bharati Devi v. State of Bihar , 2022.[1]
Recognition of Vulnerability: The case recognizes that because of the nature of their employment, sex workers are vulnerable to abuse, exploitation, and violence.
State Responsibilities: Given that sex workers have the same basic rights as all other citizens, it emphasizes the state's need to protect and secure their safety.
Legal Rights Upheld: The ruling upholds the right of sex workers to live in safety and dignity, free from intimidation or violence.
Police Accountability: Highlights the part played by law enforcement in protecting the safety of sex workers and keeping those who harm them accountable.
Human Rights Perspective: This case highlights how human rights concepts should be applied to safeguard the rights of sex workers, such as their right to work safely and without discrimination.
The Significance of Championing Justice And Parity
Championing justice and parity for sex workers' rights in India is crucial due to the systemic discrimination and vulnerability they often face.
1. Dignity and Equality: In India, sex workers frequently experience marginalization, assault, and discrimination. Promoting their rights highlights their equality and dignity in front of the law.
2. Legal Recognition: The rights of sex workers to a dignified life and the provision of essential services have been acknowledged by Indian courts. Sex workers are entitled to all constitutional rights and protections, the Supreme Court stressed in case ,
Durbar Mahila Samanwaya Committee v. State of West Bengal (1997) [2] held that,
“Sex workers also have the right to live with dignity under Article 21 of the Constitution of India."
To safeguard sex workers' fundamental rights and guarantee that they are treated with respect and dignity, it is imperative that advocates for justice and equality for them are heard.
3. Human Rights: Upholding the rights of sex workers is consistent with global human rights norms. The Supreme Court reaffirmed that Indian law guarantees human rights safeguards to sex workers
Case Law: - Budhadev Karmaskar v. State of West Bengal (2011)[1],
“Sex workers cannot be denied the basic amenities of life which include a right to decent living conditions."
4. Legal Reforms: Supporting decriminalization of adult consenting sex work is a crucial part of promoting justice for sex workers. The necessity for change to guarantee that the rights of sex workers are upheld without making them criminals is highlighted by the continuous discussion and legal issues surrounding the application of the Immoral Traffic (Prevention) Act (ITPA), 1956.
5. Justice Access: It's imperative to guarantee sex workers' access to justice. Instances of abuse and exploitation against sex workers have been addressed by the judiciary, highlighting the necessity of seeking legal recourse and safeguarding.
6. Health and Social Services: Encouraging access to social services, healthcare, and other support systems for sex workers is a crucial part of promoting fairness and parity. In Bachpan Bachao Andolan v. Union of India (2011)[2], the Supreme Court stressed that it is the state's responsibility to defend the legal rights of sex workers and guarantee them access to healthcare.
Privacy Violation By Media Outlet: An Unpardonable Crime
The Indian Supreme Court has recognized the right to privacy as a basic right. It is an undeniable reality that the right to privacy is a necessary condition for the enjoyment of the fundamental right to dignity. As a result, these two rights are connected. However, the fundamental right to privacy is sadly violated for our nation's sex workers, particularly as a result of the immoral actions of media professionals. The Press Council of India was instructed by the Supreme Court to create guidelines that would ensure the media does not expose the identity of sex workers during arrest, raid, and rescue operations. The Supreme Court included this issue in its recommendations. Either defendants or victims, and not to release or air any images that would reveal their names. The Court further mandated that electronic media be subject to the newly enacted Section 354C of the IPC, which criminalizes voyeurism, to forbid the telecasting of images of sex workers with their clients while they are posing as rescue workers. The authorities basically ignored this area, thus the court's intervention in this regard is extremely encouraging since it maintains that dignity is unalienable and that the media cannot violate it.
Decriminalization of Sex Work
Although the new orders from the Supreme Court in the Budhadev case are undoubtedly a significant improvement, they still solely address damage limitation for sex workers. The confusion between voluntary sex work and sex worker trafficking and exploitation is at the core of the issue.
In 2021, 1,678 incidents nationwide were reported under the ITPA, according to the most recent National Crime Records Bureau (NCRB) report.[5] 328 instances under Section 5 (procuring, inducing, taking person for sake of prostitution) appear to have been filed, according to the breakdown of the ITPA provisions. 137 cases were filed under Section 7 (prostitution in the vicinity of a public place), whereas 204 cases were filed under Section 6 (detaining persons in premises where prostitution is carried on). 44 cases were registered under Section 8 (soliciting for the purpose of prostitution). A total of 358 cases were reported in accordance with other Act provisions.
Sex labor is seen as intrinsically immoral or bad, and whenever specific sections of the ITP, 1956, have been challenged constitutionally, they have been sustained on the basis of public morality or interest. A Constitution Bench of the Supreme Court considered whether Section 20 of the Act violated Article 19(1)(d) [6] and (e) [7], which deals with the freedom of travel and residence across India, in the case of State of Uttar Pradesh vs Kaushaliya(1963). [8] A magistrate may, following a hearing, order a sex worker to leave her current residence and relocate to a location outside of their jurisdiction under Section 20 of the Act. Section 20 was maintained by the court because it was deemed a fair restriction.
It is crucial to understand that this is not a case for doing away with the criminal laws against human trafficking and other forms of professional exploitation. Strong anti-trafficking legislation that distinguishes between consensual sex work and other forms of exploitation is necessary to combat those. Regretfully, the most recent anti-trafficking bill enacted in 2021 and subsequent iterations continue down the same route, criminalizing the life of sex workers and imposing other harsh penalty.
Conclusion
Sex workers' rights must be immediately acknowledged and safeguarded within our social and legal structures. Respecting these rights is a basic commitment to equality and human decency as well as being legal. We uphold our society's commitment to justice for all by recognizing and defending the rights of sex workers, including freedom from discrimination, safe working conditions, and access to healthcare. It is critical that we keep pushing for laws that upend stigma, advance inclusivity, and provide sex workers the freedom to live their lives with respect.
References;
6. to move freely throughout the territory of India.
7. to reside and settle in any part of the territory of India.
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