The recent order has been issued by the Supreme Court after certain recommendations made by its Panel for Sex Workers. The Court has asked State Governments and Union Territories (UTs) to strictly follow these orders except for the ones opposed by the Central Government. The orders direct the police to not take criminal action against consenting sex workers who are of age.
Can the police take criminal action against adult and consenting sex workers?
The Supreme Court has observed that sex workers are entitled to basic human rights and constitutional rights. Since basic human decency and dignity is enshrined under Article 21 of the Constitution, every person is entitled to such decency and dignity.
The police must not abuse sex workers either physically or verbally, or harass, victimize, or arrest them in case of a raid or rescue operation. Further, no criminal action against an adult and consenting sex worker must be taken.
ITEM NO.20 COURT NO.5 SECTION II-B
SUPREME COURT OF INDIA
Criminal Appeal No(s).135/2010
BUDHADEV KARMASKAR Appellant(s)
VERSUS
THE STATE OF WEST BENGAL & ORS. Respondent(s)
(I.A NO. 80140/2020 APPROPRIATE ORDERS/DIRECTIONS TO BE LISTED)
Date : 19-05-2022 This appeal was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE L. NAGESWARA RAO
HON'BLE MR. JUSTICE B.R. GAVAI
HON'BLE MR. JUSTICE A.S. BOPANNA
UPON hearing the counsel the Court made the following
O R D E R
Human rights jurisprudence in India has acquired a constitutional status and sweep, owing to the full potential breathed by this Court into Articles 14, 19 and 21 of the Constitution of India since Maneka Gandhi v. Union of India1. The constitutional regard for human decency and dignity has been explicitly incorporated into Article 21 by this Court. While expounding on the scope of the right to life under Article 21, this Court in Francis Coralie Mullin v. Administrator, Union Territory of Delhi2 extended the meaning of the right to life beyond the protection of limb or faculty to include the right to live with human dignity and all that goes along with it, namely, the bare necessities of life such as adequate nutrition, clothing and shelter and also the right to carry on such functions and activities as constitute the bare minimum expression of the human-self. Needless to say, this 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.
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There is no particular law that governs sex workers or their profession. The Supreme Court set up a Panel for Sex Workers that put out certain recommendations as a base for a draft legislation which is still in progress. The right to life and basic human decency and dignity of a sex worker are guarded under Article 21 of the Constitution.
Article 21 of the Indian Constitution guarantees that everyone in India, regardless of profession, is entitled to basic human decency and respect. As a result, everyone who has their right violated has the legal right to sue the individual who violated their right. A sex worker cannot be harassed, physically or verbally attacked, traumatised, or arrested by the police, according to the Supreme Court’s most recent order. If you or someone you know is involved in such a case, you should seek the advice of an experienced criminal lawyer.
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