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Supreme Court of India announces Historical Judgement on Sexworkers.

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Recognizes the Sexworkers’ Profession as Legal; Will this Intervention change the life of Sexworkers?

Shobhit Chandola – Mumbai Uncensored, 27th May 2022

What could be hailed as a significant and progressive move, the Supreme Court of India on 26th May, 2022 announced the decision to officially recognise the sex work as a No Offence. 

Although Prostitution is Legalized in India but the activities of Brothel management, Procuring, Child Prostitution, Soliciting and Kerb Crawling were subject to illegal activities.The Apex court was hearing the plea of the hindrances faced by thesexworkers since the Covid 19 times. What a 3 Judge Bench headed by Justice L Nageswara Rao ordered as final verdict, it has been ensured that now Sex workers won’t be harrased, exploited, punished and thus, the sexwork be regulated. The panel of Sexworkers were constituted by the Apex Court and primarily the 3 aspects were addressed:

  • Prevention of Human Trafficking
  • Resettlement of the Sexworkers who want to leave Sex work.
  • Favourable safe working conditions to be created for the continuing sex workers with utmost nobility.

     Supreme Court’s Guidelines on Sexwork Legalisation

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The Bench came up with the final recommendations made by the panel of sexworkers which has been directed by the Supreme Court to the Union territories and the States in order to be followed with stern adherence. As the Supreme Court terms Voluntary sex work as No Crime, it has come up with the Guidelines to be followed by the states & unions once the Government of India accepts the order. Glance briefly at the SCI’s guidelines below:

  • Adults are the Keyholder and Consent is the key. Since the adult’s participation in the sexwork is on his personal volition. Therefore the Police are abstained to charge any criminal case or act on them. This comes as a matter of fact that Police carry presumingly an ill image for the prostitutes and often spark the usage of Verbal or physical abuse on them.
  • When the Sexworker lodges an FIR against any offence that may be criminal/ civil or sexual in nature, the police are entitled to accept it earnestly and act in conformity with law.
  • Just for the sole reason of Mother being indulged in the profession of Prostitution, the detachment of her from the child should not be caused.
  • Sexual Assault on a Sexworker will be equivalent to the same on sexual assault survivor. Hence the sexworker will be entitiled to receive all the facilities of the latter including instant medication.
  • Press Council of India is accountable to issuance  of certain guidelines for the Media on moral grounds which should comprise:  a)- To not publish, telecast and disclose the identities of the sexworkers during raid/arrest/ rescue operation even if the subject is found to be victim or accused.
  • It is the duty of the government to seek participation of sexworkers or their spokesperson in the formation of the policies, guidelines or act formation for the sexworkers.

     The Transition in India if the Centre accepts the SCI’s verdict ? What could be the Cons of Legalising Prostitutions ?

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     If the Central Government supports the decision than it will come into existence and the Prostitutions will be legalised and regulated. But the decision has simultaneously raged a big clash of opinions. One phase of Neitizens seems to be disappointed with the verdict and has coined the possible aftermaths of legalization of Prostitution:

  • No guarantee to stop Human trafficking. A Vice-versa uptrend shall initiate 
  •  Health of women seems to be compromised. Also they will be more vulnerable to Government of India’s tax policies.
  •  Legal Prostitution may increase Child prostitution due to relaxed proceeding of the law.
  •  It may serve as a gift to the Sex industry & Sex Tourism but pro western/ developed nations’ elites shall play with the helplessness of lower class prostitutes.
  • There are a fair share of  chances that adultery would increase.
  •  Even though it shall lead to decrease in sexual assault cases, It shall make the Sex worker Morality go down ironically.

Only time will tell how effective and efficient this SCI’s decision will be. But for now, it looks the need of the hour as all the developed nations has the legalised prostitutions which are well regulated in contrast to India where the scenario gets worst with respect to the in-depth reality.

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Kerala Legislative Assembly Unanimously Rejects Controversial Waqf Amendment Bill

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The Kerala Legislative Assembly unanimously passed a resolution on Monday, October 14, urging the central government to withdraw the contentious 2024 Waqf Amendment Bill. The resolution, presented by Minister for Waqf, Haj Pilgrimage, and Sports, V Abdurahiman, emphasized that the bill undermines the federal principles embedded in the Constitution, sparking concerns over state rights and religious governance.

Minister Abdurahiman argued that the bill infringes on the authority of state governments concerning Waqf matters, particularly by weakening the power of state Waqf boards and tribunals, which manage Waqf properties. “This bill not only violates the secular principles outlined in the Constitution but also threatens democratic values by replacing elected representatives with a board of nominated members and a nominated chairman,” he stated during the assembly session.

The minister also underscored the importance of protecting fundamental rights such as freedom of belief, secularism, federalism, and democratic processes. He pointed out that the bill contains provisions that contradict the core principles of the Constitution, calling for its immediate withdrawal.

The resolution gained support from both the ruling Left Democratic Front (LDF) and the opposition Congress-led United Democratic Front (UDF). The UDF proposed several amendments to the resolution, some of which were accepted during discussions, demonstrating bipartisan agreement on the issue.

This collective opposition highlights the assembly’s shared concerns about federal overreach and the central government’s role in managing religious properties. The Waqf Amendment Bill has sparked a broader debate about the balance of power between state and central authorities, especially in matters of religious governance and property management.

The call for the withdrawal of the bill reflects ongoing tensions surrounding federalism and the preservation of state rights, particularly in the context

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Mira Bhayandar: Bombay High Court Warns Baleshah Pir Dargah Trustees Over Illegal Mangrove Encroachment

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The Bombay High Court has issued a stern warning to the trustees of the Hazrat Sayyed Baleshah Pir Dargah in Bhayandar (West). The dargah is accused of illegally occupying government-owned mangrove land and constructing a 100-foot structure without permission.

A PIL filed by advocate Khush Khandelwal on behalf of the Hindu Task Force has brought the matter to the court’s attention. Despite clear evidence of encroachment and notices served by the authorities, the dargah representatives have failed to appear in court.

The court has now given a final opportunity to the trustees to present their case in the next hearing. If they fail to do so, the matter will be heard ex parte, meaning the court will proceed with the case without their presence. This development indicates a strong stance by the judiciary against illegal land occupation and environmental violations.

The case highlights the ongoing battle to protect government land and the environment from encroachment, particularly in coastal areas.

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Ekta SRA CHS Scandal: Siddhivinayak Developers Kurar Faces Scrutiny for Unauthorised Construction & Violations of Regulations

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Siddhant Mohite, Mumbai Uncensored:

In a startling revelation, a complaint filed against Siddhivinayak Developers Kurar has unearthed a web of alleged violations and corruption within the Ekta SRA CHS redevelopment project located at Kurar Village, Malad East. The Slum Rehabilitation Authority (SRA) conducted a thorough survey following the complaint, shedding light on serious discrepancies in the project’s execution.

Slum Rehabilitation Authority’s inspection, initiated after receiving a complaint on January 18, 2024, concluded that Siddhivinayak Developers Kurar had flouted Development Control regulations, indulged in an FSI Scandal, and executed construction work beyond approved plans and commencement certificate (C.C) in the ongoing redevelopment project. Specifically, the construction work exceeded the approved CC for A, B & C wings of the composite building.

The gravity of the situation escalated on May 3, 2024, when the Executive Engineer of SRA P/N issued a letter to Siddhivinayak Developers Kurar and Architect M/s Rasik Hingoo associates, instructing them to stop work immediately at Ekta SRA CHS. The directive also mandated the regularization of the unauthorized construction by paying necessary charges as per SRA policy. Failure to comply would result in appropriate actions as deemed fit.

What raises eyebrows is the timeframe involved in addressing the complaint. Despite the complaint being lodged in January, it took the SRA a staggering five months to conduct an inspection and issue a directive to the developer. Moreover, the directive to ‘regularize’ the unauthorized construction without specifying the penalty charges has sparked skepticism and allegations of a ‘secret understanding’ between the Executive Engineer of P/N SRA and the developer. This clearly shows that corruption is at its peak at the SRA Executive Engineer’s office, and it shows how SRA officials are hand-in-gloves with Real Estate Developers.

Sources have hinted at a nexus between the Executive Engineer and associates with the developer, suggesting an attempt to shield unauthorized construction through corrupt means.

This unauthorized development has stirred concerns among residents and activists, questioning the transparency and efficacy of regulatory bodies in overseeing redevelopment projects. Calls for a thorough inquiry and stringent action against those involved in malpractice are resonating across the community, emphasizing the need for accountability and integrity in Slum re-development initiatives.

Mumbai Uncensored will continue to monitor this story closely and provide updates as it unfolds.

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