Supreme Court of India announces Historical Judgement on Sexworkers.

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

Shobhit Chandola – Mumbai Uncensored, 27^th 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

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 ?

     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.