The Supreme Court surprisingly ordered police neither interfere nor take criminal action against consenting sex workers. the court also ruled that prostitution is a profession and sex workers are entitled to dignity and equal protection under the law.
A three-judge bench headed by Justice L Nageswara Rao order six directions to protect the rights of sex workers.
The Bench said, “Sex workers are entitled to equal protection of the law. Criminal law must apply equally in all cases based on 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. It need not be gainsaid that notwithstanding the profession, every individual in this country has the right to a dignified life under Article 21 of the Constitution."
The bench also directs that sex workers should not be victimized by arresting, penalizing, or harassing them. The order also says that the child of a sex worker should not be separated from the mother based on her profession. “Basic protection of human decency and dignity extends to sex workers and their children,” the court said.
“It has been noticed that the attitude of the police to sex workers is often brutal and violent. It is as if they are a class whose rights are not recognized,” the bench added.
Talking about the responsibility of the media, the court said “media should take utmost care to not reveal the identities of sex workers, during arrest, raid and rescue operations, whether as victims or accused and not publish or telecast any photo that would result in disclosure of such identities”.
