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Recognition Of Sex Work As a Profession : Supreme Court

Recognition Of Sex Work As a Profession : Supreme Court

The Supreme Court, in a significant order has recognised sex work as a “profession” whose practitioners are entitled to dignity and equal protection under law.

  • The Supreme Court has directed that police should neither interfere nor take criminal action against adult and consenting sex workers.
  • Notwithstanding the profession, every individual in this country has a right to a dignified life under Article 21 of the Constitution.
  • The Bench ordered that sex workers should not be “arrested or penalised or harassed or victimised” whenever there is a raid on any brothel, “since voluntary sex work is not illegal and only running the brothel is unlawful”.
  • A child of a sex worker should not be separated from the mother merely on the ground that she is in the sex trade.
  • Further, if a minor is found living in a brothel or with sex workers, it should not be presumed that the child was trafficked.
  • Sex workers who are victims of sexual assault should be provided every facility including immediate medico-legal care, a three-judge Bench directed in an order which was passed after invoking special powers under Article 142 of Constitution.

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