SC Declaration on Rights of Sex Workers – Important Judgement of Indian Judiciary

Table of Contents

SC Judgement Declaring Rights of Sex Workers

142: Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.—

1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.

the Bombay High Court held – “There is no provision under the law which makes prostitution per se a criminal offence or punishes a person because he indulges in prostitution. What is punishable under the Act is sexual exploitation or abuse of a person for commercial purpose and to earn the bread thereby,
Calcutta High Court had also held that no sex workers exploited for commercial sex shall be held as an accused in the course of investigation under Immoral Traffic (Prevention) Act, 1956 until and unless their is material to suggest her involvement as a co-conspirator.
The Karnataka High Court in April 2022 that ‘a customer found in a brothel at the time of raid cannot be hauled into the criminal proceedings.’

SC in its recent Judgement –

directed that six out ten recommendations which “relate only to the rehabilitation measures in respect of sex workers and other connected issues” be implemented by states and Uts
The directions, it said, “will hold the field till a legislation is made by the Union of India”.