Friday 24, March 2023

Indian SC recognises rights of sex workers; orders police not to harass them

Time Desk Report: India's Supreme Court has directed police forces in all states and federally-run territories to treating sex workers with dignity and not to abuse them, verbally or physically, and observed that every individual in the country has a right to a dignified life under Article 21 of the Constitution.

Issuing a set of directions, a bench of Justices L Nageswara Rao, BR Gavai, and AS Bopanna said the constitutional protection that is given to all individuals in this country should be kept in mind by the authorities who have a duty under the Immoral Traffic (Prevention) Act of 1956, reports our New Delhi correspondent.

Any sex worker, who is a victim of sexual assault, should be provided with all facilities available to a survivor of sexual assault, including immediate medical assistance, in accordance with the law, it said on Wednesday.

"It has been noticed that the attitude of the police to sex workers is often brutal and violent. It is as if they are a class whose rights are not recognized.

"The police and other law enforcement agencies should be sensitized to the rights of sex workers who also enjoy all basic human rights and other rights guaranteed in the constitution to all citizens. 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 bench said.

The apex court also said the Press Council of India should be urged to issue appropriate guidelines for the media to take utmost care not to reveal the identities of sex workers, during arrest, raid and rescue operations, whether as victims or accused and not to publish or telecast any photos that would result in disclosure of such identities.

"Besides, the newly-introduced Section 354C of Indian Penal Code, which makes voyeurism a criminal offence, should be strictly enforced against the electronic media, in order to prohibit telecasting photos of sex workers with their clients in the garb of capturing the rescue operation," it said.

According to the bench, "measures that sex workers employ for their health and safety (example, use of condoms, etc) must neither be construed as offenses nor seen as evidence of the commission of an offense."

The federal government and state governments should carry out workshops for educating the sex workers about their rights vis-a-vis the legality of sex work, the rights and obligations of the police and what is permitted/prohibited under the law.

Sex workers can also be informed as to how they can get access to the judicial system to enforce their rights and prevent unnecessary harassment at the hands of traffickers or police, the bench said.

The apex court passed the directions on recommendations of a panel formed for the rehabilitation of sex workers.

The top court was also told that the Indian government has certain reservations in respect of the recommendation that sex workers are entitled to equal protection of the law and that the police must refrain from interfering or taking any criminal action.

"The constitutional protection that is given to all individuals in this country shall be kept in mind by the authorities who have a duty under the Immoral Traffic (Prevention) Act, 1956," the bench said.

The apex court was hearing a plea that has raised the problems faced by sex workers due to the Covid-19 pandemic.

The plea has highlighted the destitution faced by sex workers on account of Covid-19 and sought relief measures for over nine lakh women and transgender sex workers across India.

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