Sex Workers Entitled To Basic Protection Of Human Decency And Dignity: SC

Shortly before the Supreme Court broke for the summer, a bench led by Justice L Nageswara Rao on May 19 issued sweeping orders bringing relief and more importantly, a means of identity for the beleaguered sex workers in this country.

In a significant move, the Supreme Court directed the UIDAI to waive the requirement of the address proof and issue aadhar cards to sex workers.

The top court also directed states/Union territories to implement six of the 10 suggestions made by a panel on sex workers which include directions to the police from abusing sex workers, verbally or physically, and banning the media from revealing their identity while reporting on rescue operations.

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Sex workers entitled to basic protection of human decency and dignity: SC

The top court said the directions were a bid to extend basic protection of human decency and dignity 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."

The bench, which also comprised Justices BR Gavai and AS Bopanna, clarified that these recommendations would stay in place till the Centre comes out with a law.

The panel's suggestions that were accepted by the top court are as follows:

1. Any sex worker who is a victim of sexual assault should be provided with all facilities available to a survivor of sexual assault, including immediate medical assistance, in accordance with the law.
2. State Governments may be directed to do a survey of all ITPA Protective Homes so that cases pertaining to adult women who have been detained against their will can be reviewed and processed for release in a time-bound manner.
3. Measures that sex workers employ for their health and safety (e.g., use of condoms, etc.) must neither be construed as offences nor seen as evidence of the commission of an offence.
4. The police and authorities need to be sensitised to the rights of sex workers. Police should treat all sex workers with dignity and should not abuse them, both verbally and physically, subject them to violence or coerce them into any sexual activity.
5. The Press Council of India has been directed to issue guidelines preventing the media from revealing the identity of sex workers. Failure to do the same will attract penal consequences including charges of voyeurism.
6. The Government has also been directed to conduct workshops to educate the sex workers about their legal rights.

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Can criminal action be taken against a voluntary sex worker? Centre to respond

The Centre on May 19 expressed their apprehension over a few recommendations made by the panel on sex workers which suggested no criminal action against voluntary sex workers.

The Centre has been directed to file its response by July 27 on panel recommendations as follows:

1. Police must refrain from taking action against sex workers who are adults and participating with consent.
2. Since voluntary sex work is not illegal, the sex workers should not be harassed, arrested or penalised during or after a raid at a brothel.
3. Inclusion of sex workers and/or their representatives in all decision-making processes, including planning, designing and implementing any policy or programme pertaining to them.
4. A child of a sex worker cannot be forcibly separated from their mother merely on the ground that she is in the sex trade. Further, if a minor is found living in a brothel or with sex workers, it should not be presumed that he/she has been trafficked.