New Delhi: Observing that human decency and dignity extend to sex workers and their children, the Supreme Court has directed police forces in all states and Union territories to treat sex workers with dignity and not to abuse them, verbally or physically.
"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," held the Supreme Court in a matter pertaining to sex workers trafficking, rehabilitation and conducive conditions to live with dignity.
The bench comprising of Justice L Nageswara Rao, Justice BR Gavai, and Justice AS Bopanna held that notwithstanding the profession, every individual in this country has a right to a dignified life under Article 21 of the Constitution of India.
It directed the police not to treat the sex workers differentially and if they are a victim of sexual assault then "they should be provided with all facilities available to a survivor of sexual assault, including immediate medical assistance, in accordance with Section 357C of the Code of Criminal Procedure, 1973 read with 'Guidelines and Protocols: Medico-legal care for survivors/victims of sexual violence".
It has directed to sensitize the police and the law enforcement agencies towards the rights of sex workers and has asked the states to survey all the ITPA(Immoral Traffic Prevention Act)Protective Homes and release those adult women who are detained against their will.
"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 recognised. The police and other law enforcement agencies should be sensitised to the rights of sex workers who also enjoy all basic human rights and other rights guaranteed in the Constitution to all citizens. 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," the bench said.
"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. The Central Government and the State Governments, through National Legal Services Authority, State Legal Services Authority and District Legal Services Authority, should carry out workshops for educating the sex workers about their rights vis-a-vis the legality of sex work, rights and obligations of the police and what is permitted/prohibited under the law. Sex workers can also be informed as to how they can get access to the judicial system to enforce their rights and prevent unnecessary harassment at the hands of traffickers or police," the bench said.
The Press Council of India is directed to ensure that the identity of sex workers is not revealed whether as victims or accused. National Legal Services Authority (NALSA), State Legal Services Authority(SLSA), and District Legal Services Authority(DLSA) are asked to carry out workshops for educating the sex workers about their rights and the obligations to police them.
Back in 2011, the Court had constituted a panel to suggest measures regarding trafficking, rehabilitation, and providing conducive conditions to live with dignity to sex workers. The panel made 10 suggestions which include the directions given by the court.
The suggestions were submitted by the panel and the matter had come up for hearing in 2016. The Centre at that time said that it is considering the recommendations and a bill is on the anvil. But since no legislation has been enacted till now, the top court used its powers under Article 142 to issue directions that will hold field till a legislation is made by UOI.
The court has asked the Centre to file its response to the recommendations made in 6 weeks and has listed the matter for hearing again on 27th July 2022. It has also ordered the issuance of Adhaar cards to the sex workers on the basis of a proforma certificate which is issued by UADAI, submitted by the Gazetted officer at NACO or the Project Director of the State AIDS control society along with the Adhaar enrolment form. (with PTI inputs)
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