27 May 2022 Recognizing sex work as a “profession”: Supreme Court
Recognizing sex work as a “profession”: Supreme Court – Today Current Affairs
- In a recent landmark order, the Supreme Court has recognized sex work as a “profession” and said its practitioners are entitled to respect and equal protection under the law.
- The Court exercised its special powers under Article 142 of the Constitution. Article 142 confers discretionary power on the Supreme Court, it states that the Supreme Court may, in the exercise of its jurisdiction, pass such decree or make such order as to do complete justice in any matter or matter pending before it.
- The National Human Rights Commission (NHRC) recognized sex workers as informal workers in the year 2020.
Today Current Affairs
Salient Features of the Supreme Court Judgment:
Criminal Law:
- Sex workers are entitled to equal protection under the law and criminal law should be applied equally to all cases on the basis of ‘age’ and ‘consent’.
- When it is clear that the sex worker is an adult and is participating with consent, the police should refrain from interfering or taking any criminal action.
- Article 21 declares that no person shall be deprived of his life or personal liberty except according to procedure established by law. This right is available to both citizens and non-citizens.
- Sex workers should not be “arrested or punished or harassed or victimized” whenever a brothel is raided, “since voluntary sex work is not illegal, while running a brothel is illegal”.
Rights of a sex worker’s child : The Hindu Analysis
- The child of a sex worker should not be separated from the mother merely on the ground that he is engaged in prostitution.
- Sex workers and their children also enjoy the basic protection of human decency and dignity.
- In addition, if a minor is found to be living in a brothel or with sex workers, it should not be assumed that the child has been trafficked.
- If the sex worker claims that he/she is his/her son/daughter, an examination may be conducted to determine whether the claim is true and if so, the minor should not be forcibly separated.
Health care : The Hindu Analysis
- Sex workers who have been sexually assaulted should be provided all facilities, including immediate medical-legal care.
Role of media : The Hindu Analysis
- The media should take utmost care that the identities of sex workers, whether victims or accused, are not disclosed during arrests, raids and rescue operations and do not publish or circulate any photographs that reveal their identities.
Related Provisions/views of the Supreme Court:
Immoral Traffic (Prevention) Act : The Hindu Analysis
- The law governing sex work in India is the Immoral Traffic (Prevention) Act.
- The Suppression of Immoral Traffic in Women and Children Act was enacted in the year 1956.
- Later the law was amended and the name of the Act was changed to Immoral Traffic (Prevention) Act.
- The law punishes acts such as running a brothel, soliciting in a public place, living off the earnings of sex work, and living or habitually living with a sex worker.
Justice Verma Commission (2012-13) : The Hindu Analysis
- The Justice Verma Commission also recognized that there is a distinction between women trafficked for commercial sexual exploitation and adult, consenting women who are in voluntarily engaged in sexual activity.
Buddhadeb Karmaskar vs. State of West Bengal (2011) Case : The Hindu Analysis
- The Supreme Court in Buddhadeb Karmaskar v State of West Bengal (2011) held that sex workers have a right to respect.
Challenges before sex workers:
Discrimination and Blaming : The Hindu Analysis
- The rights of sex workers are non-existent and those who do such work face discrimination because of their criminal status.
- These people are looked down upon and have no place in the society and are mostly treated harshly by landlords and even by law.
- Their fight continues to demand equal human, health and labor rights as they are not treated in the same category as other workers.
Abuse and Exploitation : The Hindu Analysis
- Sometimes sex workers have to face a variety of abuses which range from physical to mental assaults.
- They face harassment from customers, their own family members, the community and even those who must obey the law.
Way forward : The Hindu Analysis
- The time has come to recognize sex work as a profession and give it a moral character.
- To make a living by providing sexual services to adult men, women and transgender persons under sex work; there is a need to provide the right to lead a dignified life and freedom from violence, exploitation, social stigma and discrimination.
- The time has come to rethink sex work from the point of view of labor, where we recognize their work and provide them with basic labor rights guarantees.
- Parliament should reconsider the existing law and try to remove the problems prevailing in the process of ‘victim-rescue-rehabilitation’.
- This is especially important in this time of crisis.
In this article we mention all information about Recognizing sex work as a “profession”: Supreme Court Today Current Affairs.
Download yojna daily current affairs 27 may 2022
No Comments