The Supreme Court, in a significant order, told the police that they should neither interfere nor take criminal action against consenting sex workers. It said 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 issued six directions for safeguarding 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 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 must refrain from interfering or taking any criminal action. It need not be gain said that not with standing the profession, every individual in this country has the right to a dignified life under Article 21 of the Constitution.”
The bench also ordered that sex workers should not be arrested, penalised, harassed, or victimized in raids on brothels since voluntary sex work is not illegal and only running the brothel is unlawful.
The child of a sex worker should not be separated from the mother merely on the ground that she is in the sex trade, the court held. “Basic protection of human decency and dignity extends to sex workers and their children,” the court noted.
Further, if a minor is found living in a brothel or with sex workers, it should not be presumed that the child was trafficked.
