Asserting to the right of a dignified life under Article 21, and the basic protection of human decency, Supreme Court has issued statements directing that the police should treat sex workers with dignity. they should not be abused verbally or physically as notwithstanding the profession; every individual of the country has the right to live a dignified life.
The court also directed media, not to publish the picture on reveal the identity of the sex workers with their clients while reporting any kind of rescue operations. The Press Council of India has also been directed by the supreme court to issue guidelines for the media persons regarded as ethics for this issue.
“…. Basic protection of human decency and dignity extends to sex workers and their children, who, bearing the brunt of social stigma attached to their work, are removed to the fringes of the society, deprived of their right to live with dignity and opportunities to provide the same to their children”, said the supreme court.
The bench of the court comprised of Justices L. Nageswara Rao, BR Gavai, and AS Bopanna, who passed the directions clarification until the union government comes up with the legislation. Broadly three aspects of the panel were identified that are, prevention of Trafficking, rehabilitation of sex workers and conditions for those who wish to continue the work with dignity.
The court strictly directed the states and union to follow the recommendation that were, any sex worker who is a victim of the assault should be provided with all the facilities available to the survivor of the sexual assault including immediate medical assistance.
There are specific directions for the police and other law enforcement agencies by the court that, they should be sensitized with this class of workers and should be allowed to enjoy all the basic human right as guaranteed by the constitution to all the citizens. As noticed the behavior of the police with the sex workers was often brutal and violent, directions have been stated.
Tripti Tandon, from the Mahila Samanwaya Committee and Usha Cooperative, are the parties which are fighting for the rights of sex workers. The Supreme Court has stated that the constitution has given the rights to all the individuals and the citizen of the country and authorities shall keep them in mind. Further adding that whenever there is a raid on any brothel, since voluntary sex work is not illegal and only running the brothel is unlawful, the sex workers concern should not be arrested, hence shall not be harassed or victimized.
The court has also called for the strict implementation of the survey of protective homes to review the cases of women those who were detained against their will and the process of their release.
Bombay high Court also released three sex workers and stated that no provision under the law makes prostitution a criminal offence. But scheduling any person for the purpose of prostitution running a brothel is unlawful. Bombay High Court also stated that an adult woman has the right to choose her vocation and ordered immediate release of the sex workers.
All the basic human right are entitled to these sex workers, and the officials must not violet them under any statement. The media is also urged by the supreme court to take utmost care and b sensitized towards the sex workers, and not to defame them by publishing or telecasting their photos.
The panel of the court directed 10 recommendations as per Article 21 of the constitution.
The central government and the state government must carry out workshops for educating the sex workers about their rights and should be informed as to how they can access the judicial system to enforce their right and prevent unnecessary harassment at the hands of the traffickers are the police.
It was cleared that an adult sex worker while participating with consent is not a criminal action. The supreme court further demands respect for the profession of the sex workers and equal dignity for them in the country as they are also the citizens of the country.
