Right of Sex Workers

 FACTS 

This is a case of a brutal murder of a sex worker. In this case, the incident took place on 17th September 1999. The accused kicked the victim a few times, and then when she fell on the ground, the accused held the victim by her hair, banged her head on the floor and wall, and left her to bleed. The Trial Court convicted the accused under Section 302 of IPC and sentenced him to life imprisonment. The High Court upheld the conviction, and an appeal against the same was made in the Supreme Court.

 WHAT DID THE COURT SAY? 

The Supreme Court dismissed the appeal stating that the High Court was right in upholding the conviction. The Court also directed the Central and State Governments to prepare a Scheme for providing technical/vocational training to rehabilitate and settle them by offering employment. In response to this, the Government made up a Panel. The Panel was referred to give suggestions as to (1) Prevention of Trafficking (2) Rehabilitation of Sex Workers and (3) Conditions conductive to sex workers to live with dignity. It submitted the report in 2016 but the Government did not take any concrete action on it.

The Court using its inherent powers under Article 142 of the Constitution, issued a few directions for the rehabilitation measures in respect of sex workers and other connected issues.

These directions include the following -

• Sex workers are entitled to equal protection under the law.

• Any sex worker who is a victim of sexual assault shall be provided with all facilities given to a survivor of a sexual assault.

• If there is any raid on any brothel, the sex workers concerned should not be arrested or penalised or harassed or victimised.

• The State Government is to do a survey of all ITPA Protective Homes so that Women who are detained against their will can be reviewed and processed for release in a time-bound manner.

• 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 Press Council of India should issue appropriate guidelines so that the identities of sex workers, during arrest, raid and rescue operations shall not be published or telecasted.

• 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 must involve the sex workers and/or their representatives in all decision-making processes.

• Both Governments shall carry out workshops for educating the sex workers about their rights.

• No child of a sex worker should be separated from the mother merely on the ground that she is in the sex trade.

Apart from these 10 directions, the Court also directed UIDAI to issue Adhar Cards to the Sex Workers based on a proforma certificate.