Making sense of prostitution, human trafficking and sex work and what's the way forward

Sex work is work: Sex workers in India celebrate Supreme Court ruling recognising sex work as a ‘profession’

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Sex work in India

Sex workers in India are over the moon after the country’s Supreme Court announced a ruling expanding the rights of sex workers and defining sex work as a profession. 

“It need not be gainsaid that notwithstanding the profession, every individual in this country has a right to a dignified life under Article 21 of the Constitution,” the court observed.

In addition, the court ruled that Police should not abuse sex workers, the media should not publish pictures of raid and rescue operations and sex workers who have been detained in ‘protective homes’ against their will must be released.

According to the Global Network of Sex Work Projects (NSWP) which posted the news on their website, India’s supreme court also ruled that sex workers are entitled to equal protection under 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,” a three-judge Bench led by Justice L. Nageswara Rao directed in an order which was passed after invoking special powers under Article 142 of the Constitution.

Also Read: What is Digital Services Act and why are sex workers against it

The National Network of sex workers (NNSW) has welcomed the ruling calling it  “a victory for the sex workers rights movement”.

Adding that they “look forward to the positive changes this ruling will bring in the movement towards the rights of sex workers in India, and our neighbouring nations. This is a step towards decriminalising sex work and workers and in adequately recognising their labour as informal workers in the country.”

Bharti Dey, Ex Secretary of Durbar Mahila Samanwaya Committee (DMSC), the oldest network of sex workers in India recognised the ruling as a historic win after a 12 year battle.

“The Court allows our sex workers to live with dignity as equal citizens of the country”, she added.

The Supreme Court is set to meet again in July to hear a response from the Indian government.

Also Read: Making sense of prostitution, human trafficking and sex work and what’s the way forward

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