Lagatar24 Desk
New Delhi, May 26: The Supreme Court on Thursday issued an important judgement instructing police officers not to interfere with or take criminal against action consenting sex workers. It stated that prostitution is a profession and that sex workers are entitled to dignity and equal legal protection.
“Sex workers are entitled to equal protection of the law. Criminal law must apply equally in all cases based on 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. It need not be gainsaid that notwithstanding the profession, every individual in this country has the right to a dignified life under Article 21 of the Constitution,” the bench said.
The court also ruled that during raids sex workers should not be jailed, penalised, harassed, or victimised because voluntary sex work is not illegal and only running the brothel is.
The court ruled that a kid of a sex worker should not be separated from her mother only because she works in the sex trade.
The court also instructed the police not to discriminate against sex workers who file a complaint, particularly if the offence is sexual in nature. Sex workers who are sexual assault victims should be given every convenience, including rapid medical and legal assistance.
The bench further stated that the use of condoms by sex workers should not be taken by the police as evidence of sex worker misconduct. The court also recommended that sex workers who are apprehended and brought before a magistrate be sentenced to two to three years in a penitentiary facility.
On the next date of hearing, which is July 27, the court has requested the Centre to respond to these proposals.