SEX WORK LEGAL SAYS SUPREME COURT

Prostitution is a legal profession like any other profession and sex workers must be treated with dignity as ordered by Supreme Court.

Table of Contents

INTRODUCTION

Prostitution is one of the oldest professions in the world. It has been practiced in all the countries but every country has different laws about prostitution. Prostitution is legal in India, but numerous related activities including soliciting, curb-crawling, owning or managing a brothel, prostitution in a hotel, child prostitution, and pimping, are illegal.

HISTORY OF PROSTITUTION

Prostitution existed in Rig Vedic times. Indian mythology contains many references to apsaras, they are described as perfect embodiments of unsurpassed beauty and feminine charms. They were highly talented in music and dance. Apsaras have been stated as the Women having deliberate sexual contact with Devatas and even with human beings. In Rig Veda, it is mentioned that there was a tradition to give presents to slave girls.

History shows that prostitution was a recognized profession during Brahamana Period. The prostitutes were called vesya and it is estimated that they were created to minister to traders and merchants who led a life cut off from home and wives.

Patliputra was at the time of Chandra Gupta Maurya a prosperous center of prostitution and it was the first time the attention of the state was drawn to the group of prostitutes for its effective control and to bring it under the responsibility of a stabilized taxation system.

During the Mughal period, several courtesan women live under the patronage of a king/nawab and are relatively independent. They devote most of their time to the pursuit of various arts and are usually skilled musicians, dancers, painters, or poets. But all that changed with the coming of the overseas order and a change in the economic set-up with the loss of their support these women did not have also many options available to earn their livelihood and most of them are reduced to working as full-time sex workers.
This practice further flourished in the British era when these outsiders restricted the traditional textile industry, weaponry, etc. and these societies had to turn to prostitution for livelihood.

“prostitution is legal with certain limitations and restrictions.”

THE IMMORAL TRAFFICKING ACT (1956)

The Immoral Trafficking Act (1956) Section 2(f) defines “prostitution” as sexual exploitation or misuse of any person for any business purpose. “Prostitution” is the sexual exploitation or abuse of a female for monetary purposes and a “prostitute” is the person who advances that commercial benefit.

THE INDIAN PENAL CODE (1860)

The Indian Penal Code of 1860 – Sections 366A, 366B, 370A also deals with prostitution but it is limited to child prostitution. However, it also Punishes the person who is involved in activities such as kidnapping in general, kidnapping for seduction and enticing a person into sex, importing a girl from a foreign country for sex, etc.

Prostitution is not an offense under the Indian Penal Code but
Sexual exploitation,
Seducing someone,
Running brothels,
Pimping,
Soliciting etc are penalized under the Immoral Traffic (Prevention) Act, 1956.

The laws for sex workers were much-needed amendments as the lives of the prostitutes are not similar to an ordinary worker’s life that is a sex worker is constantly exploited by the customers, low wages are paid for their services, and they are considered an outcast by the society and their profession is regarded as derogatory.

SUPREME COURT ORDER

In remarkable order by Supreme Court recognizing sex work as a “profession” and are entitled to dignity and equal protection under the law, the court says that every individual in this country has a right to a dignified life under Article 21 of the Constitution,”

A bench of three- judges led by Justice L. Nageswara Rao directed an order which was passed after raising special powers under Article 142 of the Constitution.

“Sex workers are allowed equal protection of the law. Criminal law must apply equally in age and consent in all cases. When it is clear that the sex worker is an adult and is contributing with consent, the police must not to interfering or taking any criminal action,”

THE FOLLOWING POINTS ORDERED BY THE SUPREME COURT ARE AS FOLLOWS

1. Sex workers should not be “arrested or penalized or harassed ” whenever there is a raid on any brothel.
2. Voluntary sex work is not illegal and only running the brothel is unlawful.”
3. A child of a sex worker should not be separated from the mother merely on the ground that she is in the sex trade.
4. Basic protection of human decency and dignity extends to sex workers and their children.
5. If a minor is found living in a brothel or with sex workers, it should not be presumed that the child was trafficked.
6. 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.

MEDICO-LEGAL CARE

The court also ordered
1. The police do not discriminate against any sex workers who complain, exclusively if the offense committed against them is sexual. Sex workers who also are victims of sexual assault should be provided with every facility, including immediate medico-legal care.

2. The attitude of the police to sex workers is often brutal and violent.

3. Court also states to the media should take “utmost care to not reveal the identities of sex workers during their arrest, raid and rescue operations, whether as victims or accused and not publish or broadcast any photo that would result in disclosure of such identities”.

4. The use of condoms should not be construed by the police as evidence of offense by sex workers.

The court also recommended that sex workers who are rescued be sent to correctional homes for not less than two-three years before being produced to a magistrate. And sex workers could be kept in these homes.

And sex workers could be kept in these homes and if the magistrate decides that the sex worker had consented, they could be let out.

And Justice Rao was of the steady opinion that the concerned authorities cannot force sex workers to stay in correction/shelter homes against their will.