The country’s highest court has said in an important decision that prostitution is legal. The police can neither interfere in their work nor can they take criminal action. The Supreme Court bench hearing the matter said that sex work is a profession and women engaged in this work are also entitled to dignity and equal protection under the law.
According to Live Law, headed by Justice L Nageswara Rao, Justice BR. Gavai and Justice A.S. Bopanna issued six directions to protect the rights of sex workers. The bench said, “Sexual workers are entitled to equal protection under the law. Criminal law should apply equally to all cases on the basis of age and consent.”
The bench observed that “when it becomes clear that the sex worker is an adult and is participating with consent, the police should refrain from interfering or taking any criminal action. Needless to say that irrespective of profession, every person in this country has the right to a dignified life under Article 21 of the Constitution.”
The bench also ordered that sex workers should not be arrested, punished, or victimized during a brothel raid as voluntary sex work is not illegal. It is illegal to just run a brothel.
The court said that the child of a sex worker should not be separated from the mother merely on the ground that he is in prostitution. “The basic protection of human decency and dignity lies with even sex workers and their children,” the court said. Further, if a minor is found to be living in a brothel or with sex workers, it should not be assumed that he has been trafficked.
The court also ordered the police not to discriminate against sex workers who file complaints, especially if the offense against them is of a sexual nature. Sex workers who have been sexually assaulted should be provided with all facilities, including immediate medical-legal care.