"Prostitution is a legal profession", SC issues directions for protection of sex workers' rights.

The Court also urged the media to refrain from revealing the identities of sex workers whilst reporting raid and rescue operations.

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"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."

In a landmark verdict, the Apex Court has stated that all sex workers are entitled to dignity and equal protection under the law, apart from recognizing prostitution as a formal profession in India. The Court opined that voluntary sex work by a consenting adult is not illegal, and in such instances, the police must refrain from penalizing them.

The three-judge bench comprising Justices L. Nageswara Rao, BR Gavai & AS Bopanna listed six directives for safeguarding sex workers' rights.

The SC directed law enforcement officers to abstain from harassing such workers with criminal action, including arbitrary arrest, detention, and raids. It was reiterated that sex work is not illegal in India, albeit the running of brothels is, as per the Immoral Trafficking (Prevention) Act, 1956.

This judgment also promotes the sensitization of sex work and the rights of sex workers, a marginalized community whose plight is often belittled, if not wholly ignored. The Court stated that if a sex worker is the victim of sexual assault, they must be aided in the same manner as any other sexual assault victim would, with all the necessary facilities at their disposal.

Additionally, the Supreme Court emphasized that no child or sex worker be separated from their mother merely because they are involved in sex work.

Lastly, the Court also highlighted the pertinence of respecting the privacy of sex workers. "Utmost care to not reveal the identities of sex workers, during arrest, raid and rescue operations, whether as victims or accused and not publish or telecast any photo that would result in disclosure of such identities..."

The Court has ordered the Central Government to respond to such guidelines on July 27, 2022, the next scheduled hearing date.

[Budhadev Karmaskar v. State of West Bengal & Ors, Criminal Appeal No(s).135/2010]

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