Supreme Court recognises sex work as a ‘profession’

• In a significant order recognising sex work as a “profession” whose practitioners are entitled to dignity and equal protection under law.
• The Supreme Court has directed that police should neither interfere nor take criminal action against adult and consenting sex workers.
• SC observed that every individual in this country has a right to a dignified life under Article 21 of the Constitution.

Adult Sex Worker:

• 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’.
  • If sex worker is an adult and is participating with consent, the police must refrain from interfering or taking any criminal action.

Child Sex Worker:

• A child of a sex worker should not be separated from the mother merely on the ground that she is in the sex trade
  • Basic protection of human decency and dignity extends to sex workers and their children.

Minor in Brothel:

• 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.

Sex worker who is a Victim:

• Sex workers who are victims of sexual assault should be provided immediate medico-legal care.
• 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.

Exam Track

Prelims Takeaway:

• Fundamental rights
• Article 142
• Article 21