SC Recognises Sex Work as a Profession

Recently, in a significant order, Supreme Court has recognised sex work as a “profession” and observed that its practitioners are entitled to dignity and equal protection under the law. The court invoked its special powers under Article 142 of the Constitution. 

Highlights of the Supreme Court Judgment

Sex workers are entitled to equal protection of the law and 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.
• Sex workers should not be “arrested or penalised or harassed or victimised” whenever there is a raid on any brothel, “since voluntary sex work is not illegal and only running the brothel is unlawful”.

A child of a sex worker should not be separated from the mother merely on the ground that she is in the sex trade.

• Further, if a minor is found living in a brothel or with sex workers, it should not be presumed that the child was trafficked.
• In case the sex worker claims that he/she is her son/daughter, tests can be done to determine if the claim is correct and if so, the minor should not be forcibly separated.

The media should take “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.

Challenges Faced by Sex Workers

Discrimination and Stigmatisation:

• The rights of sex workers are non-existent, and those doing such work face discrimination due to their criminalised status.
• These individuals are looked down upon and have no place in society, and most times are treated harshly by their landlords and even the law.

Abuse and Exploitation:

• Most times, sex workers are exposed to a slew of abuses that range from physical to mental attacks.
• They would face harassment from clients, their own family members, the community, and even from people who are supposed to uphold the law.